Current through all regulations passed and filed through September 16, 2024
(A) OOD may
purchase automotive adaptive equipment and motor vehicle modifications in whole
or in part, for an individual under the following conditions:
(1) Personal transportation is required to
meet the job goals specified on the individualized plan for employment as
described in Chapter 3304-2 of the Administrative Code;
(2) Other modes of transportation that would
enable the individual to effectively meet the vocational goal as stated in the
individualized plan for employment, such as public transporation, are not
available;
(3) The vehicle is
titled to the individual, spouse, parent, or sibling, or legal guardian;
and
(4) OOD does not purchase the
vehicle in whole or in part.
(B) 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 division (E) of section
4501.01 of the Revised Code and
repairs to the standard original equipment manufacturer or adaptive
equipment.
(C) OOD shall authorize
and fund vehicle modifications only on the most cost-effective vehicle
necessary for the individual's personal transportation for employment, using
the most cost-effective means of modification when the individual complies with
the following requirements:
(1) The individual
completes a driver evaluation provided by a CDRS or DRS approved by OOD;
and
(2) The individual completes
driver training prescribed by the CDRS or DRS. 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, or equivalent
requirements of another state, and who has been approved by OOD; and
(3) The individual obtains a vehicle
modification specification or prescription provided by a CDRS or DRS approved
by OOD; and
(4) Presents a valid
Ohio driver's license with appropriate restrictions as required by section
4507.14 of the Revised Code;
and
(5) As it relates to
modifications of transport vehicles, i.e., a vehicle for transporting a
non-driver individual who uses a wheelchair, the individual participates in a
vehicle modification consultation provided by a CDRS or DRS approved by OOD;
and
(6) The individual signs a
vehicle modification agreement form. The individual shall be solely responsible
for providing replacement insurance coverage, any inspections, maintenance,
repair, and upkeep to the modificiations as specified in any relevant
warranties.
(D) A
vehicle modification shall not be performed on a used vehicle or other vehicle
than that recommended by a CDRS or DRS, unless:
(1) The individual provides a written
inspection report from a certified mechanic verifying the used vehicle is in
sound condition or will be after repairs are completed, and any repairs are
completed and meet federal motor vehicle safety standards; and
(2) The vehicle can be modified to meet the
individual's needs and the individual assumes all costs associated with the
modification of the vehicle in excess of the cost of modification of the
recommended vehicle, and is acceptable as suitable for a modification by the
converter; or
(3) The installation
is a minor modification, which includes standard manual hand/foot control,
pedal guard, left foot accelerator, mirrors, remote switches,
wheelchair/scooter handling device, spinner knob, simple extension
modifications of secondary controls that allow an individual to grasp, pull,
twist, or activate control functions, wheelchair carriers, pedal extensions,
shift levers, park brake, turn signals, hazard lights, washer/wiper, ignition,
lights, dimmer, seat adjustment, HVAC controls, and door locks.
(E) An eligible individual shall
only receive a replacement vehicle modification provided by OOD after ten
years, or after the vehicle accumulates one hundred thousand miles, from the
date the retail dealer submits the final invoice for payment to OOD. The
replacement modification must be necessary to enable an individual to maintain
the employment outcome as defined in the individual's individualized plan for
employment. In its discretion, OOD may grant an exception to the time and
accumulated miles requirements and fund vehicle modifications in the following
situations:
(1) The individual is currently
competively employed, as defined in
34 C.F.R.
361.5(b)(11); and
(2) The individual experiences a
deterioration of function due to a disability such that the individual is no
longer able to safely drive or be transported with the provided level of
adaptive driving technology; or
(3)
The individual experiences an additional disability, such that the individual
is no longer able to safely drive or be transported using the provided
modification; or
(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.
(F) Transferred equipment. When an
individual purchases a replacement vehicle and needs to have equipment that was
purchased previously with OOD funds removed, adjusted, lubricated, and
re-installed in the replacement vehicle, the following requirements shall
apply:
(1) The transfer occurs after ten
years, or after the prior vehicle accumulates one hundred thousand miles, from
the date the retail dealer submits the final invoice for payment to
OOD.
(2) The primary controls,
except for reduced effort steering system and reduced effort braking system,
will be considered acceptable for transfer by a retail dealer who is qualified
to install the equivalent new equipment if the controls are visually and
functionally inspected by a retail dealer and found to be
satisfactory.
(3) An assessment of
the subsystem, which may require disassembly, shall be done on each of the
following subsystems to determine if the equipment is in a satisfactory state
of repair or condition to be reinstalled into a vehicle for further prolonged
use:
(a) Secondary controls.
(b) Access devices.
(c) Wheelchair/scooter handling
devices.
(d) Occupant protection
and restraint systems; inflatable restraint systems shall not be
transferred.
(e) High tech
integrated driving systems.
(4) The following shall not be transferred:
(a) Structural modifications.
(b) Fuel delivery system
modifications.
(c) Electrical
modifications.
(G) The individual shall apply for all
applicable mobility rebates. Any mobility rebate received by an individual from
an original equipment manufacturer because of modifications made to a vehicle
shall be transferred to OOD to defray the costs of the modifications.
(H) This rule is designed to implement the
Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting
regulations.