Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see the "Incorporation by
Reference" section at the end of rule
3304-6-01 of the Administrative
Code.]
Wheelchair/scooter handling devices are devices for retaining
an unoccupied wheelchair/scooter on or in a vehicle. This function includes
provisions for hoisting or lifting the wheelchair/scooter onto the vehicle or
into it after its user exits the chair; retaining the wheelchair/scooter on the
vehicle or in it, and placing the wheelchair/scooter within reach of the user
after a trip in the vehicle is completed. Before a carrier or hoist can be
funded by OOD, the consumer's vehicle shall be inspected as
required by paragraph (K) of rule
3304-6-04 of the Administrative
Code.
(A) Car top carriers. Car top
wheelchair carriers include any mechanism for loading or unloading a wheelchair
into and out of a closed container specially designed for storage and
permanently mounted on the vehicle.
(1)
Performance requirements. Carriers shall incorporate an enclosure or cover to
protect the wheelchair from the elements, and to prevent damage to the chair
when it is in the stowed position. Carriers shall not extend beyond the
perimeter of the vehicle, unless approved on a case-by-case basis by
OOD.
(a) The
wheelchair shall be secured or restrained at all times by the carrier when the
chair is stowed.
(b) Hoist devices
may be levers or arms, or may incorporate cables or chains. Components, even
when in a worn condition, shall not expose the wheelchair user to sharp edges
or abrasion during any point in the operation of wheelchair
containment.
(c) Hooks or other
devices for retaining the chair during loading or unloading shall incorporate
provisions for avoiding accidental release.
(d) Wheelchair containers or covers shall be
designed to fulfill their function without damage to the chair.
(e) Wheelchair containers or covers shall be
designed so that, in the event of mechanical or electrical failure, a manual
override is available to allow the wheelchair to be removed from the
device.
(2)
Installation. The carrier with intended wheelchair load shall not be so heavy
as to statically deform the vehicle sheet metal on which it is resting in
excess of 0.125 inch at any single point of contact. Any penetrations into the
passenger or luggage compartment for carrier retention or for electrical cables
or similar connections shall be sealed to prevent moisture entering the
passenger compartment. Exterior controls shall meet the requirements of
paragraphs (C) to (C)(2) of rule
3304-6-07 of the Administrative
Code, as applicable. Wheelchair carrier controls shall be located to allow the
wheelchair user to operate the carrier unassisted during all phases of the
loading, stowing, and unloading operation.
(B) Wheelchair/scooter carriers/hoists
that are permanently mounted on the vehicle
bumper via a towing hitch or in a similar manner and
carry the wheelchair/scooter shall not be approved.
(1)
Wheelchair/scooter carriers/hoists that temporary attach to a vehicle towing
hitch to assist in storing the wheelchair/scooter in the trunk of the car or
other interior area of the vehicle may be utilized.
(2)
Specialty
trailers that are designed to carry only wheelchair/scooters in a secure,
weather tight enclosure will be considered on a case by case basis and shall be
documented by OOD before the approval process begins. At the discretion of OOD
the specialty trailers will be considered if it complies with the performance
requirements of paragraph (A)(1) of this rule.
(C) Hoists. Wheelchair/scooter hoists include
any mechanism for loading and unloading a wheelchair/scooter from the passenger
compartment of a vehicle, the luggage compartment of a sedan or station wagon,
the cargo space of a van or minivan, or the bed of a pickup that does not fit
the description of a wheelchair lift or car top wheelchair carrier. These
devices pull a wheelchair/scooter into the vehicle, extract it from its stowed
position, and place it back onto the pavement. Wheelchair/scooter hoists may be
manually or power operated.
(1) Hoist devices
may be levers, platforms, arms, or may incorporate cables and chains.
Components, even when in a worn condition, shall not expose the
wheelchair/scooter user to sharp edges or abrasion during any part of the
operation of a wheelchair/scooter hoist. Hooks or other devices for retaining
the wheelchair/scooter during loading or unloading shall incorporate provisions
for avoiding accidental release. A wheelchair/scooter hoist shall not
compromise crashworthiness provisions of the vehicle, and shall not be located
in such a position that the driver or any front-seat passenger is likely to
strike a structural member of the loader if they are properly restrained in the
vehicle.
(2) Any mounting holes
drilled in the vehicle structure to install the hoist shall be sealed.
Electrical wiring shall be routed and/or protected to limit abrasion or
interference with any vehicle mechanism, or interference with the driver's
ability to enter or exit the vehicle.
(a)
Installation of the hoist in a pickup truck bed shall not interfere with the
normal operation of the tailgate whenever possible. Installation of the hoist
in the luggage compartment shall not interfere with closure of the luggage
compartment deck lid.
(b)
Installation of the hoist in a pickup truck bed may require installation of a
motorized pickup bed cover (truck cap) based upon the recommendation of the
driver rehabilitation specialist and with approval of
OOD. Powered pickup truck cap operators are any
powered device that will open and close the pickup cap. Controls are typically
on an inside pendent and/or remote control. If outside controls are used, they
shall meet standards of paragraph (C) of rule
3304-6-07 of the Administrative
Code. Powered pickup truck cap operators shall meet the following
specifications:
(i) Powered pickup truck cap
operators shall permit complete closing of the cap such that the cap fits the
pickup body in the closed position equivalent to the cap manufacturer's
original installation intent.
(ii)
Cap hinges shall be secured to the pickup box by manufacturer specified
fasteners.
(c)
Installation of the hoist in the luggage compartment shall not interfere with
closure of the luggage compartment deck lid and shall not interfere with access
to the spare tire when the wheelchair/scooter is removed.
(d) Wheelchair/scooter hoist controls and
operating mechanisms shall be located to allow the wheelchair/scooter user to
operate the hoist unassisted during all phases of loading, stowing, and
unloading.
(3) The
wheelchair/scooter hoist and the wheelchair/scooter shall not cause the gross
vehicle axle rating (GVAR) or the vehicle to be exceeded.
(4) The combined weight of the
wheelchair/scooter hoist, the wheelchair/scooter, and the number of passengers
that can be transported in the vehicle, assuming a weight of one hundred fifty
pounds for each passenger, shall not cause the gross vehicle weight rating
(GVWR) of the vehicle to be exceeded.
