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.]
A lowered-floor minivan (L-FM) shall meet all of the
requirements identified in rules
3304-6-01 to
3304-6-12 of the Administrative
Code, when applicable. When the requirements in this rule exceed the
requirements in rules
3304-6-01 to
3304-6-12 of the Administrative
Code, this rule shall govern.
(A) A
minivan can be modified to an L-FM when a consumer's mobility needs will be
equally or better served by specifying an L-FM as an alternative to a
dropped-floor full-size van. Factors to be considered include the smaller,
lower exterior; the impact of less interior maneuvering room; and the ability
of the consumer in a wheelchair, to negotiate a ramp less than thirty inches
wide that is fifty-four inches long with a slope of approximately eleven
degrees.
(B) The only minivans that
may be converted to L-FMs are "new
motor vehicle(s)" as
defined in division (C) of section
4517.01
of the Revised
Code, except as specified in paragraph (B)(2) of this rule.
(1)
These minivans shall meet the following specifications:
(a) A wheelbase of at least one hundred
sixteen inches equipped with front-wheel drive instead of all-wheel
drive.
(b) Tire size recommended by
OEM for greatest GVW (gross vehicle weight).
(c) Power door locks (only if required by the
L-FM after-market manufacturer) and windows.
(d) Speed control and tilt steering
wheel.
(e) Front air
conditioning.
(f) Rear window
defrost and wiper.
(g) Heavy duty
suspension or trailer towing package.
(h) Rear air conditioning.
(2) Exceptions. If a consumer
currently owns, or is
planning to purchase a minivan with the characteristics identified in
paragraphs (B)(1)(a) to (B)(1)(h) of this rule, his/her vehicle may be
converted when it meets the following requirements:
(a) Has less than thirty-six
thousand miles and is less than three years old;
(b) Is fully covered by the manufacturer's
new vehicle warranty as issued to the original purchaser;
(c) Is accepted as suitable for the
conversion process by the converter; and
(d) Has been inspected by an inspector hired
by OOD
pursuant to paragraph (K) of rule
3304-6-04 of the Administrative
Code and found to be appropriate for the modifications needed.
(3) All other situations for
conversion to an L-FM will be considered by OOD on a case-by-case
basis.
(C) Qualified
L-FM retail dealers. A qualified L-FM retail dealer shall meet the requirements
of paragraphs (A) to (H) of rule
3304-6-03 of the Administrative
Code; shall be recognized as a provider of technical service/repairs by the
L-FM converter; shall be able to demonstrate the vehicle to
OOD
consumers at no cost to either OOD or the consumer; shall have a permanent business
location in the state of Ohio; shall have, at the location, all facilities
necessary to maintain, repair and replace those components/assemblies excluded
from the OEM's warranty; and shall have employee(s) who have been trained and
certified by the converter.
(1) The qualified
L-FM retail dealer shall not make any structural modifications to an L-FM, and
shall not specify to the converter any structural modifications not
specifically approved by OOD, even if the consumer offers to
pay for the changes. Prohibited features are specified in paragraphs (D)(2) to
(D)(2)(c) of this rule.
(2)
Qualified L-FM retail dealers who operate more than one facility in Ohio shall
conform to paragraphs (B)(1) to (B)(9) of rule
3304-6-03 of the Administrative
Code for each location and show that the certificate(s) required by paragraph
(B)(7) of rule
3304-6-03 of the Administrative
Code apply to all in-state branches. An L-FM retail dealer who is a branch
operation of an out-of-state dealer shall show that the certificate(s) required
by paragraph (B)(7) of rule
3304-6-03 specifically apply to
the Ohio-based branch.
(D) Lowered-floor
minivans (L-FMs). An L-FM, in order to be considered under paragraph (A) of
this rule, shall conform to the following requirements:
(1) The L-FM shall have the following
features (exceptions will be reviewed on a case-by-case basis):
(a) A one hundred sixteen-inch or longer
wheelbase.
(b) A ten-inch
or
greater
lowered floor from
the firewall to eighteen inches (approximate) forward of the rear
axle.
(c) A powered door with means
for operation if power fails.
(d) A
powered ramp with a means for operation if power fails.
(e) Controls for the door and the ramp on the
exterior of the vehicle and on the interior of the vehicle near the door/ramp
within the driver's reach. The controls shall have a system to prevent
door/ramp operation while the vehicle is in motion.
(f) One quick-release front seat with
three-point restraint for occupant.
(g) WTORS in the mid-section to accommodate
restraint of the occupied wheelchair without additional drilling or cutting by
the L-FM retail dealer, and anchor points for the three-point restraint for the
wheelchair occupant.
(h) A rear
bench seat with OEM passenger restraints.
(i) A kneeling feature which complies with
paragraph (D)(3)(f) of this rule when recommended by the driver rehabilitation
specialist.
(2) An L-FM
shall not have any of the following features:
(a) Automatic leveling, except for
OEM.
(b) A raised roof.
(c) A sliding ramp, unless successfully crash
tested with this configuration.
(3) An L-FM shall conform to the following
specifications:
(a) The powered ramp shall be
of a sufficient width to safely accommodate the intended user. The actuator
shall be of electro-mechanical design. It shall have a side barrier on both
sides to within twelve inches of the outboard end. The surface shall be covered
with a durable non-slip surface. The ramp shall have an interior means for
manual operation if power fails.
(b) The ramp shall support a routine
operating load of six hundred pounds at the midpoint. It shall be capable of
supporting a nine hundred pound proof load at its midpoint for one minute
without any permanent bending, cracking, or changes, which would detract from
its continued performance.
(c) The
vehicle shall have a minimum ground, running clearance
of four inches.
Ground clearance, or "running clearance" (as defined per
49
CFR 523.2), means the distance from the
surface on which an automobile (vehicle) is standing to the lowest point on the
vehicle, excluding unsprung weight (mass).
(i)
The unsprung mass consists of the
combined equivalent mass which is sprung between the tire and the suspension
springs, and includes: wheel, tire, brakes, suspension linkage and suspension
spring.
(ii)
Front and rear wheel centerlines, shall have a ground
clearance of four inches or greater.
(iii) The exhaust
pipe and associated components shall have a ground clearance of four inches or
greater.
(iv) Regardless of ground clearance measurements, the
distance from the lowest point on the vehicle shall be greater
than the
distance from any wheel rim to the ground.
(d) Jacking points, or similar provisions,
shall be provided to permit any tire to be raised to clear the ground. A jack
capable of achieving these goals shall be provided together with a sticker
identifying the jacking points and any other necessary instructions.
(e) Towing of the vehicle, with the driving
wheels raised, shall be possible with the normal apparatus carried by a tow
truck.
(f) When the vehicle
modification includes a system to raise and/or lower the rear end of the
vehicle for reduction of ramp angles for loading, the raising and lowering
mechanism shall be capable of withstanding the following tests:
(i) The lifting or lowering mechanism shall
be able to withstand a life cycle test of the empty vehicle for four thousand
four hundred cycles.
(ii) When the
test identified in paragraph (D)(3)(f)(i) of this rule has been completed, the
lifting mechanism shall be able to withstand a life cycle test of the vehicle
at its maximum GVWR for twenty cycles.
(E) Testing requirements. By means
of crash tests conducted in accord with the prescribed procedures, an identical
vehicle shall have demonstrated conformance to the following FMVSS:
(1) When part of the hydraulic braking system
deviates from that of the unmodified vehicle, the L-FM shall be re-tested and
conform to FMVSS 135.
(2) Impact
protection for the driver from the steering column system. Any deviation from
the unmodified vehicle's steering assembly that might alter the force developed
on the chest body block impacting the steering assembly at fifteen miles per
hour, shall require re-testing to meet the criteria of FMVSS 203.
(3) Steering control rearward displacement.
If any changes have been made to the steering control system, including but not
limited to, the steering wheel, the steering column-shaft assembly, the front
structure, the bumper, and the attaching parts, the L-FM shall be tested and
meet the criteria of FMVSS 204, steering control rearward
displacement.
(4) The seating
systems of the vehicle shall have been tested to conform to FMVSS
207.
(5) The vehicle shall have
been tested to meet occupant crash protection acceptance criteria of FMVSS
208.
(6) Seat belt assembly
anchorages shall have demonstrated conformance in test prescribed in FMVSS
210.
(7) Side door strength. When
FMVSS 214, side impact protection, is applicable to the unmodified vehicle, the
modified vehicle shall demonstrate conformance to the standard of the
prescribed test procedure.
(8) Fuel
system integrity. The vehicle shall have demonstrated conformance to FMVSS
301.
(F) Conformance
requirements. The applicable components of the finished vehicle shall conform
to the following FMVSS/OOD requirements (conformance attested by
certification):
(1) Brake hoses. If any brake
hoses are different from the unmodified vehicle, those hoses shall be
recertified as conforming to FMVSS 106, brake hoses.
(2) Seat belt assemblies. Any deviation in
seat belt assemblies from the unmodified vehicle shall be certified as
conforming to FMVSS 209.
(3)
Flammability of interior materials. Burn resistance of all materials used
within the passenger compartment, which have been added by the converter, shall
be certified as conforming to FMVSS 302.
(4) Ramp loading. Conformance to the
requirements of paragraph (D)(3)(b) of this rule shall be certified.
(5) Kneeling system. Conformance to the
requirements of paragraph (D)(3)(f) of this rule shall be certified.
(G) Approved final-stage or
intermediate converters of L-FM. The converter who produces an L-FM shall
provide evidence that he/she is registered as an intermediate manufacturer or a
final stage manufacturer (as defined in 49 C.F.R. 568) with the federal
department of transportation. The converter shall conform to the requirements
of
49 C.F.R.
568.5 or
568.6,
as applicable. The approved final-stage or intermediate converter shall also
meet the requirements of paragraph (G) of rule 3304-6-03 of the Administrative
Code. OOD will maintain a listing of approved L-FM
converters who are in good standing.
(1) The
converter shall supply the following documentation about warranty:
(a) From the OEM, identification of those
components/assemblies, etc., of the L-FM which are no longer covered under the
OEM warranty because of the changes made by the converter.
(b) From the converter, stipulation that
those items no longer covered in paragraph (G)(1)(a) of this rule are warranted
by the converter as follows:
(i) For
structural modifications made on the vehicle unit body and suspension system,
warranty conditions, time, and mileage are equal to, or better than, that
offered on the unmodified vehicle.
(ii) Non-structural modifications, such as
door and power operator, electrical modifications, etc., are warranted for
three years or more.
(2) Insurance requirements. The converter
shall provide proof of liability insurance coverage that provides a minimum of
one
million dollars for each claim, with a minimum aggregate for a one-year policy
period of four million dollars. Proof that such insurance remains in full force
and effect shall be provided to OOD on an annual basis. The converter shall notify
his/her insurance carrier(s) that OOD shall be notified within thirty days of any
reductions in coverage or cancellation.
(3) The converter shall supply an
indemnification notice to OOD stating that they shall indemnify and hold
OOD, its
agents, employees, and consultants harmless from all claims, damages, suits or
actions, including any judgment, costs, expenses, and legal fees arising from
any modifications made by said converter.
(4) The converter shall supply
OOD with a
list of the names and addresses of their qualified L-FM retail dealers within
Ohio who currently meet all of the converter's requirements for an L-FM retail
dealer. This list shall be updated when an L-FM retail dealer has been added or
removed. If no changes have been made, the list shall be re-submitted
annually.
(5) The converter shall
supply a list annually, by September thirtieth, of those individuals who have
completed their training/certification program, and are authorized to perform
warranty and repair work.
(6) The
converter shall maintain a list of current owners of vehicles which have been
converted (including options/features of each vehicle) to enable a recall,
should it be needed.
(7) The
converter shall have sufficient records to document and establish engineering
practices including the following:
(a)
Engineering drawings and specifications maintained on all parts, assemblies,
etc. unique to the converter's product(s).
(b) For any changes that are or have been
made to the product which could have an effect on the conformance to FMVSS or
OOD
requirements, documentation that a professional engineer has signed off
that there is no detriment to the product with respect to
conformance.
(8) The
converter shall have documented quality control and assurance procedures
records to assure that:
(a) All
items/assemblies made by the converter are within the converter's dimensional,
material, performance, and appearance specifications or standards.
(b) All structural welding shall be completed
by a certified welder.
(c) For all
purchased components/assemblies that could affect the safety of the vehicle,
the conformance to FMVSS or to OOD's requirements that they are certified by the
supplier, by lot, verifying that they conform to specification; or that they
have been inspected using a recognized sampling plan for inspection which
rejects the lot on one defect.
(9) The converter agrees that a
representative of OOD may inspect/audit the manufacturing and conversion
operations and or any available data or process pertaining to the requirements
contained in paragraphs (G)(6) to (G)(8)(c) of this rule.
(10) With respect to conformance to FMVSS,
the converter shall supply:
(a) Documentation
that crash tests have been conducted at a recognized independent testing
facility supervised and approved by a registered professional engineer with
verification that the vehicle passed the criteria for acceptance of FMVSS 135,
203, 204, 207, 208, 210, 214 (when applicable to the unmodified vehicle), and
301;
(b) Certification
documentation that the products, materials, and assemblies used in the vehicle
conform to FMVSS 106, 203, and 209 as applicable; and
(c) Certification that the delivered product
does not differ from the vehicle tested and approved under the requirements in
paragraphs (G)(10)(a) and (G)(10)(b) of this rule.
(H) Specialty vehicles. Specialty
vehicles are considered vehicles that are not full-sized vans and do not
conform with paragraph (B) of this rule. At the discretion of
OOD, structural modifications may be considered to
specialty vehicles if the vehicle complies with paragraphs (D) to (G) of this
rule. Exceptions for special design characteristics which are different from
paragraphs (D) to (G) of this rule may be made on a case by case basis and
shall be documented by OOD before the approval process begins.
