Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 6.00 - Vocational Rehabilitation Services
Section 6.13 - Motor Vehicle Modification

(1) Motor vehicle modification services are changes to privately owned motor vehicles that are provided only when necessary to remove impairment related transportation barriers for an eligible individual to achieve an employment outcome. The IPE must describe the required vehicle modification service and how the vehicle modification service enables the individual to achieve the employment outcome. Vehicle modification services are subject to a determination of financial participation and to consideration of any comparable benefit available to an individual to meet in whole or in part, the cost of vehicle modification services. The commission may set maximum dollar limits for these services and may periodically review and update those limits. Personnel designated by the Commission can approve any of the services listed in 107 CMR 6.13(2) through (17) and/or waive the maximum amounts for those services when exceptional circumstances warrant a waiver.

(2) The Commission shall require a written request for and agreement of understanding from the individual prior to the provision of vehicle modification services.

(3) The need for motor vehicle modification services, the nature and extent of modifications, the type of vehicle necessary, and the individual's ability to operate the vehicle safely shall be determined by the official(s) designated by the Commission on the basis of an evaluation procured by the Commission from a provider approved by the Commission.

(4) Motor vehicle modification services are limited to alterations necessary to assist an individual to drive independently or to be safely transported as a passenger. Motor vehicle modification services do not include and the Commission will not provide modifications when such modifications are not needed for the individual to drive independently or be safely transported.

(5) Motor vehicle modification services do not include and the Commission can not assume responsibility for maintenance or repair of vehicles or modifications, including modifications provided by the Commission. The Commission cannot repair nor replace motor vehicle modifications damaged or lost by accident, vandalism, theft, or fire or pay for insurance coverage. Individuals who receive vehicle modification services should arrange for insurance adequate for coverage of the vehicle and adaptive equipment.

(6) Motor vehicle modification services do not include and the Commission cannot contribute to the procurement of motor vehicles of any type or to the procurement of optional motor vehicle equipment. Such equipment includes, but is not limited to, automatic transmissions, power steering, power brakes, automatic speed controls, air conditioning, heavy duty alternators, power windows, power door locks, heavy duty shocks/suspension, heavy duty batteries, front or rear heaters, radios, CB transceivers, burglar alarm systems, mobile phones, insulation.

(7) The Commission cannot modify a vehicle which does not meet the requirements of the Massachusetts State Inspection (see M.G.L. c. 90, § 7A) nor modify a vehicle to enable an individual to drive who has been determined to be incapable of operating a motor vehicle safely.

(8) Motor vehicle modification services must be performed in accordance with all specifications of the Commission and in conformance with applicable:

(9) Procurement of motor vehicle modification services is subject to Commonwealth of Massachusetts' regulatory and related requirements governing purchases and procurements of services and goods and supplies from vendors approved by the Commission.

(10) Structural motor vehicle modification services are alterations made to a vehicle that alter the structure or integrity of the vehicle. Structural motor vehicle modification services may include, but are not limited to: widening doors; reversing door hinges; lowering a floor; raising a roof or side entry; modifying the steering or braking system such as to permit "zero effort steering or breaking;" converting a steering system to a horizontal structure; systems to secure wheelchairs; restraint systems; and wheelchair lifts.

(11) The Commission Motor Vehicle Modification Program is responsible for structural motor vehicle modification services to eligible individuals referred by Commission area offices including determinations specific to structural motor vehicle modification services.

(12) Structural motor vehicle modification services may be provided only when the employment outcome described in the IPE is competitive employment and the individual is within one year of such employment or is competitively employed.

(13) The Commission shall not provide structural modifications to a vehicle when the Commission has previously provided structural motor vehicle modification services to the individual until seven years and one day subsequent to the previous modification and the individual has met a minimum of two years of cumulative competitive employment within the seven years. The seven year requirement may be waived by authorized Commission personnel for high mileage driven vehicles.

(14) The Commission shall not provide structural modifications to a vehicle which is more than two years old, or has more than 24,000 miles on the odometer. However, the official designated by the Commission may authorize the provision of modifications to such a vehicle when the overall condition of the vehicle warrants modification and as evidenced by a letter from a qualified vehicle inspection/repair service.

(15) Nonstructural motor vehicle modifications are the addition of adaptive equipment to a vehicle that do not alter the structure or integrity of the vehicle. Nonstructural motor vehicle modification services may include, but are not limited to: Veterans Administration approved hand controls; wheelchair carriers or trunk loaders; pedal blocks; left foot brake and accelerator pedals; extensions to turn signal or shift lever; electric parking brakes; and wide-angle mirrors. Nonstructural motor vehicle modifications do not require an employment outcome of competitive employment.

(16) The Commission area offices are responsible for nonstructural motor vehicle modification services and related determinations to eligible individuals. There is a limit of one non-structural modification every three years. This limit may be waived if the vehicle has high mileage with the approval of authorized Commission staff.

(17) At the discretion of the local office, evaluations for nonstructural modifications may be performed by licensed driving schools, occupational therapists/physical therapists, or similar professionals.