(a) A motor
vehicle shall be purchased for an individual only when all of the following
conditions exist:
(1) The individual for whom the
vehicle will be purchased meets all of the following conditions:
(A) Is physically unable to use non-adapted or
alternate forms of transportation.
(B)
Has competitive integrated employment as a vocational goal and one of the following
conditions exist. The individual:
1. Is ready for
or participating in vocational training.
2. Is job ready.
3. Has been offered a job.
4. Is already employed in suitable
employment.
(C) Has the
financial ability to operate, maintain and replace the vehicle as determined
pursuant to section
7164.2.
(2) All other modes of transportation, as well as
permanent relocation, have been explored and documented and a determination has been
made that vehicle purchase is the cost effective means of obtaining transportation
necessary to meet the individual's specialized vocational needs.
(3) The individual has been evaluated by the
Department or by a Department-approved mobility evaluation program in accordance
with section 7164.4, or has obtained a waiver of the
mobility evaluation in accordance with section
7164.6 and one of the following
conditions exist:
(A) The individual has a driver's
license and has obtained a waiver of the mobility evaluation.
(B) The mobility evaluation program has determined
that the individual has a driver's license or has the potential for obtaining a
driver's license and agrees that:
1. All driving
instruction recommended by a mobility evaluation program shall be mandatory even if
the individual has a current driver's license.
2. Until the unlicensed individual receives a
driver's license, a licensed driver who has been approved by the Counselor and who
has been provided instructions regarding any modifications added to the vehicle
shall be utilized at all times.
(C) The individual does not have the potential to
obtain a driver's license, but both of the following conditions exist:
1. A determination has been made through the
mobility evaluation program or waiver process that the individual meets the
passenger criteria.
2. The individual
agrees that a licensed driver who has been approved by the Counselor and who has
obtained instructions regarding any modifications added to the vehicle shall be
utilized at all times.
(4) The individual has signed the Issuance of
Vehicle form (DR 290A dated February, 1991) promising to abide by the following
conditions while his or her case remains open:
(A)
If the individual does not possess a driver's license, only the person(s) specified
in (a)(3)(B)2. or (C)2. shall operate the vehicle.
(B) Manufacturers guidelines or General Service
Administration's instructions contained in STD 271 (revised 8-78), which is
incorporated by reference herein, regarding vehicle maintenance shall be
followed.
(C) A record of both vehicle
and modification maintenance shall be maintained in STD 271 and shall be reviewed
annually by the Rehabilitation Counselor.
(D) The individual shall provide proof of
insurance in an amount at least equal to the State's legally prescribed minimum
level for the vehicle being purchased.
(E) Until the case is closed, the Department shall
be the legal owner of the vehicle. If the case is closed for a reason other than
"rehabilitated", the vehicle shall be returned to the Department, unless the
individual purchases the vehicle from the Department at fair market value as
determined in accordance with section
7194(c). In no instance
shall any individual financial participation obligation paid by the individual be
refunded.
(F) The individual shall make
no alterations to the vehicle or its adaptive equipment without the prior written
approval of the Rehabilitation Counselor.
(G) The individual shall obtain any recommended
driver instruction and not drive the vehicle independently until all instructions
recommended by the Mobility Evaluation program are completed.
(H) If the individual is the driver, the
individual shall maintain a valid California driver's license and shall notify the
Rehabilitation Counselor if his or her license is no longer valid.
(I) The individual shall notify the Rehabilitation
Counselor if the vehicle is involved in an accident.
(J) The individual shall notify the Rehabilitation
Counselor of any reason which prevents him or her from carrying out his or her
IPE.
