Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(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.
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.
(b) The least expensive vehicle which meets
the individual's specialized vocational needs shall be purchased.
(c) The vehicle shall be inspected and
approved by the Fleet Administration Division of the Department of General
Services.
1. New
section and heading filed 7-18-91; operative 8-17-91 (Register 91, No.
45).
2. Amendment of subsection (a)(1)(B) and NOTE filed 8-20-92;
operative 9-21-92 (Register 92, No. 34).
3. Change without
regulatory effect repealing subsection (b) and relettering following
subsections filed 10-7-92 pursuant to section 100, title 1, California Code of
Regulations (Register 92, No. 41).
4. Editorial correction of
HISTORY 3 (Register 95, No. 11).
5. Repealer of subsection (a)(3),
subsection renumbering, amendment of newly designated subsections
(a)(4)-(a)(4)(A), (a)(4)(C), (a)(4)(F) and (a)(4)(H)-(J) and amendment of NOTE
filed 5-31-2016; operative 7-1-2016 (Register 2016, No. 23).
6.
Amendment of section and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to
Government Code section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference: Section
19150(a)(12),
Welfare and Institutions Code; and
34 CFR Sections
361.48.
