Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A client
who will be the driver of the vehicle shall have the mobility evaluation waived only
if all of the following conditions exist:
(1) The
client has driven a modified car and possesses a current and valid driver's license
which has been issued after the onset of the client's disability. The client shall
present his or her driver's license as verification.
(2) The new car has similar options, such as power
steering, power brakes, etc. as the client's former car and / or the modifications
to be purchased have the same generic classifications, such as hand control, spinner
knob, etc., as the modifications the client has been using and the modifications
will cost $750 or less.
(3) The client,
within the three prior years, has had no moving violations or record of an accident
while operating a vehicle as verified through a printout of the client's driving
record from the Department of Motor Vehicles, driver instructor's reports or similar
documents.
(4) Supporting medical
evidence is presented by the client which indicates that the client's medical
condition is, or can be expected to remain, stable and that the client has no
perceptual problems. In addition, there shall be confirmation from a Medical
Consultant that the supporting medical evidence is accurate and consistent with the
client's medical information maintained by the Department.
(5) There is verification that the new vehicle and
/ or modifications to be purchased is consistent with that recommended by an
occupational or physical therapist.
(6)
Approval of the Program Supervisor has been obtained. The Program Supervisor's
decision shall be based upon whether or not there is verification:
(A) Of the criteria specified in (1) through
(5).
(B) That the requirements of
section 7164(b) and
7164.2 have been
met.
(b) A client
who will be transported as a passenger in the vehicle shall have the mobility
evaluation waived only if all of the following conditions exist:
(1) The client will be transported in a standard,
full-sized van.
(2) The measured height
of the client from the floor to the top of his or her head while sitting upright is
less than 51 inches.
(3) The client,
without tipping the wheelchair, can temporarily bend over in his or her wheelchair
so that the distance from the floor to the top of his or her head or the highest
point on the wheelchair is less than 48 inches.
(4) The distance from the back of the rear wheel
to the tip of the toe or end of foot plate, whichever is longer, is less than:
(A) 45 inches if the chair is equipped with
anti-tip rollers.
(B) 48 inches if the
chair is not equipped with anti-tip rollers.
(5) The client has no respiratory or other special
equipment which must be attached to the van.
(6) The client does not anticipate the need or
ability to be an independent driver in the next five years.
(7) The client has a standard noncustomized
wheelchair. Recliner wheelchairs are permissible only with a doctor's permission for
repeated use.
(8) The Counselor and / or
the client foresee no equipment needs other than any of the following:
(A) A wheelchair lift operable by an attendant and
located according to client needs and preference.
(B) Lift switches located such that the client's
attendant can see the lift through its whole cycle of operation.
(C) A light near the lift for night use.
(D) The floor of the van leveled.
(E) A manual (non powered) wheelchair tiedown at
the standard passenger position between and just behind the two front
seats.
(F) A seat belt attached to the
van at the passenger position.
(G)
Buckle or velcro closure trunk supports attached to the client's wheelchair for
trunk stability while stopping or cornering.
(9) The approval of the Program Supervisor has
been obtained. The Program Supervisor's decision shall be based upon whether or not
there is documentation of the criteria specified in (1) through
(7).
1. New section
filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
2. Editorial
correction of subsection (b)(6) (Register 95, No. 43).
3. Change without
regulatory effect amending subsections (a)(1)-(2), (a)(5), (b)(2)-(3) and (b)(8) and
amending NOTE filed 5-12-2016 pursuant to section
100, title 1, California Code of
Regulations (Register 2016, No. 20).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference: Section
19150(a)(11),
Welfare and Institutions Code; and
34 CFR Sections
361.5,
361.42 and
361.48.
