3304-6-02. Motor vehicle modifications, scope and limitations

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of rule 3304-6-01 of the Administrative Code.]

(A) OOD may purchase automotive adaptive equipment and motor vehicle modifications in whole or in part, pursuant to the vocational rehabilitation program, as described in Chapter 3304-2 of the Administrative Code, for a vehicle titled to a consumer or an immediate family member. OOD does not purchase vehicles in whole or in part.

(B) Rules 3304-6-01 to 3304-6-15 of the Administrative Code shall apply to all devices, mechanisms, and additions to a vehicle that are or can be installed as an after-manufacturer purchase item, including devices and provisions for entering and leaving a vehicle, for operating a vehicle or the components of a vehicle, and for restraining the driver and passengers and equipment associated with those persons, such as wheelchairs, canes, and walkers, and modifications to structural members and existing subsystems of a vehicle in order to affect adaptation for the driver or passenger, including but not limited to electrical, mechanical, and control and displays.

(C) Modifications excluded from coverage under these rules are the installation of adaptive equipment or modifications to any vehicle not defined as a passenger car in paragraph (E) of section 4501.01 of the Revised Code and repairs to standard OEM or adaptive equipment.

(D) OOD shall only fund vehicle modifications if they are necessary to enable a consumer to reach or maintain the employment outcome as defined in his/her individualized plan for employment and when the consumer complies with the following requirements:

(1) The consumer participates in a driver evaluation provided by a qualified driver rehabilitation specialist (i.e., qualified through the association ADED CDRS or equivalent or on CDRS eligible track) approved by OOD;

(2) The consumer completes driver training prescribed by the driver rehabilitation specialist. Such training shall be provided by a qualified driver trainer who meets the requirements as defined in Chapter 4508. of the Revised Code and those of the department of public safety, as defined in Chapter 4501-7 of the Administrative Code, and who has been approved by OOD;

(3) The consumer demonstrates competency with adaptive driving equipment equivalent to that recommended by the driver rehabilitation specialist by procuring a valid driver's license with appropriate restrictions as required by section 4507.14 of the Revised Code or, for consumers who have a restricted driver's license, by obtaining a written certification of driver competency from a driver rehabilitation specialist;

(4) As it relates to modifications of transport vehicles, i.e., a vehicle for transporting a non-driver consumer that uses a wheelchair, the consumer participates in a vehicle modification consultation provided by a qualified driver specialist approved by OOD; and

(5) The consumer signs a vehicle modification consumer agreement form.

(E) A consumer is only eligible to receive a replacement modification for vehicle modifications provided by OOD after seven years, or after having accumulated seventy thousand miles, from the date of the final inspection of the previous modification. The replacement modification must be necessary to enable a consumer to reach or maintain the employment outcome as defined in his/her individualized plan for employment. Under the following conditions and at the discretion of OOD, OOD may grant exceptions to the time and accumulated miles requirements and fund vehicle modifications in the following situations:

(1) When a consumer with a progressive disability (e.g., multiple sclerosis, muscular dystrophy, spinal muscular atrophy) experiences a deterioration of function such that he/she is no longer able to safely drive or be transported with the provided level of adaptive driving technology.

(2) When a consumer experiences an additional disability, such that he/she is no longer able to safely drive or be transported using the provided modification.

(3) When a consumer who is using a high tech integrated driving system funded by OOD pursuant to rule 3304-6-13 of the Administrative Code requires replacement modifications after five years or after accumulating fifty thousand miles from the date of the final inspection of the previous modifications;

(4) When the high tech driving system manufacturer recommends a safety upgrade to the driving system and the high tech integrated driving system is out of warranty and the warranty had been maintained through appropriate maintenance;

(5) When a consumer requires vehicle modifications due to an unforeseen need not addressed above and not covered in the vehicle modification consumer agreement form upon approval of the BVR or BSVI area manager.

(F) The consumer must apply for all applicable mobility rebates. If a consumer receives a rebate from an original equipment manufacturer because of modifications made to a vehicle, that rebate shall be returned to OOD to defray the costs of the modifications.

Effective: 09/08/2014
R.C. 119.032 review dates: 06/23/2014 and 09/08/2019
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15 , 3304.17
Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002, 08/04/2008