540 CMR, § 24.05 - Visual Standards and Procedures

(1) Visual Acuity and Horizontal Peripheral Field of Vision Standards (Excluding Individuals Who Use Bioptic Telescopic Lenses). An individual, excluding individuals who use bioptic telescopic lenses or are registered with the Massachusetts Commission for the Blind, shall be deemed vision qualified to apply for, or continue to hold, a learner's permit or license to operate a motor vehicle, if he or she meets the requirements in 540 CMR 24.04(3) and (4) and:

(a) has a distant visual acuity of at least 20/40 (Snellen) in either eye, with or without corrective lenses, and has a combined horizontal peripheral field of vision of not less than 120º. If corrective lenses are used to meet the requirements in 540 CMR 24.04, a corrective lens restriction shall be added to the learner's permit or license; or

(b) has a distant visual acuity of between 20/50 and 20/70 (Snellen) in either eye, with or without corrective lenses, and has a combined horizontal peripheral field of vision of not less than 120º. Individuals who meet the requirements in 540 CMR 24.04 will be eligible to receive a learner's permit or license restricted to operation during daylight hours only. Accordingly, a daylight only restriction will be added to the learner's permit or license. This restriction may be removed if the licensee passes a night time road test. In addition, where corrective lenses are used to meet this standard, a corrective lens restriction will be added to the learner's permit or license.

(2) Visual Acuity and Horizontal Peripheral Field of Vision Standards for Wearers of Bioptic Telescopic Lenses. Individuals who use bioptic telescopic lenses to meet the vision standards, shall be deemed vision qualified to obtain and hold a learner's permit or license to operate class D vehicles only, provided the individuals meet the requirements of 540 CMR 24.04(3) and (4) and:

(a) have a distant visual acuity of at least 20/40 (Snellen) through the telescope, at least 20/100 (Snellen) through the carrier lens, at least 20/100 (Snellen) through the other lens, and a combined horizontal peripheral field of vision of not less than 120º; and

(b) if the bioptic telescopic lens used to meet the minimum visual standards and used while operating the motor vehicle meets all of the following criteria:

1. the telescope must be fixed focus; and

2. the telescope must be monocular (on one eye only); and

3. the magnification of the telescope must be no greater than 3x; and

4. the telescope must be spectacle mounted and an integral part of the lens; and

5. the telescope must not occlude the line of sight through the carrier lens or through the other lens.

(c) the individuals pass a road examination while using the bioptic telescopic lens when such individuals are applying for a license or seeking renewal of license for the first time after being fitted with the bioptic telescopic lens.

Individuals who meet this minimum standard shall be eligible to receive a learner's permit or license restricted to operation during daylight hours only. Accordingly, all such individuals shall have a daylight only restriction put on their learner's permit or license as well as a corrective lens restriction. The daylight only restriction may be removed if the licensee takes and passes a night time road test.

(3) Color Vision Standard. All licensees or applicants must be able to distinguish the colors red, green, and amber. If an individual cannot distinguish the colors red, green, and amber, that individual is ineligible to receive or hold a learner's permit or a license.

(4) Vision Impairment Standard. Licensees or applicants who have unresolvable diplopia, (double vision which cannot be resolved through a suppressive device, such as an eye patch) are not eligible to receive or hold a learner's permit or license.

(5) The Vision Test. Any licensee or applicant for a learner's permit or license may establish his or her ability to meet the visual acuity requirements through a test administered by the Registry, with the exception of applicants or licensees who are registered with the Massachusetts Commission for the Blind or use bioptic telescopic lenses. Such applicants or licensees must submit a vision screening certificate pursuant to the requirements of 540 CMR 24.04(6).

(6) The Vision Screening Certificate. If the licensee or applicant fails the vision test administered by the Registry, declines to take the test, is registered with the Massachusetts Commission for the Blind, or wears a bioptic telescopic lens, he or she must submit a vision screening certificate to demonstrate compliance with the minimum visual standards to obtain and hold a learner's permit or license provided that persons identified as Massachusetts Commission for the Blind registrants must also submit a letter from the Commission indicating that the individual is not presently registered with the Massachusetts Commission for the Blind. To be acceptable, the vision screening certificate must:

(a) be fully completed by a physician or optometrist and the licensee or applicant; and

(b) be six months old or less from the date of screening; and

(c) bear the original signatures of the certifying physician or optometrist and the licensee or applicant. No photocopies will be accepted.

(7) The Registrar, or his or her designee, may require such additional evidence of the medical qualification criteria as he deems appropriate, or may modify these standards as an individual case may require.

Notes

540 CMR, § 24.05