Chapter 3304-6 Vehicle Modification

(A) Scope. Rules 3304-6-01 to 3304-6-15 of the Administrative Code shall apply to automotive adaptive equipment and motor vehicle modifications purchased in whole or in part by RSC including existing equipment and modifications on a vehicle titled to the consumer or an immediate family member, to which additional modifications will be purchased in whole or in part by RSC. Rules 3304-6-01 to 3304-6-15 of the Administrative Code shall not apply to repairs of standard “Original Equipment Manufacturer” (OEM) or adaptive equipment. Rules 3304-6-01 to 3304-6-15 of the Administrative Code shall apply to such purchases made under the vocational rehabilitation program, as described in rules 3304-2-21, 3304-2-23, and 3304-2-51 to 3304-2-62 of the Administrative Code.

(1) Rules 3304-6-01 to 3304-6-15 of the Administrative Code cover all devices, mechanisms, and additions to a vehicle that are or can be installed as an after-manufacturer purchase item, including devices and provisions for entering and leaving a vehicle, for operating a vehicle or the components of a vehicle, and for restraining the driver and passengers and equipment associated with those persons, such as wheelchairs, canes, walkers, etc.

(2) Rules 3304-6-01 to 3304-6-15 of the Administrative Code also cover modifications to the existing subsystems of a vehicle in order to effect adaptation for the driver or passenger, including but not limited to electrical, mechanical, control and display, and structural members.

(3) RSC does not purchase vehicles in whole or in part.

(B) Limitations. Modifications excluded from coverage under these rules are adaptive equipment or modifications to any vehicle not defined as a passenger automobile, passenger van, or truck by the Ohio Revised Code, “Ohio Motor Vehicle Laws.”

(C) Eligibility. RSC shall only fund vehicle modifications if they are necessary to enable a consumer to reach or maintain the employment outcome as defined in his/her individualized plan for employment (IPE) in accordance with the following:

(1) Driver competency. Before RSC will authorize vehicle modifications for the purpose of independent adaptive driving, the consumer shall:

(a) Participate in a driver evaluation by a qualified driver rehabilitation specialist (i.e., ADED CDRS or on CDRS eligible track) approved by RSC:

(b) Complete any driver training prescribed by the driver rehabilitation specialist. Such training must 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, and who has been approved by RSC:

(c) Demonstrate driving competency with adaptive driving equipment equivalent to that recommended by the driver rehabilitation specialist by:

(i) Procuring a valid driver’s license with appropriate restrictions as required by the Ohio Revised Code; or

(ii) Obtaining a written certification of driver competency from a driver rehabilitation specialist in order to meet the requirements of the Ohio’s graduated licensing law for drivers under eighteen years of age; and

(d) Sign the vehicle modification consumer agreement form.

(2) Transport vehicles. Before RSC shall authorize vehicle modifications for the purpose of consumer transport, the consumer shall:

(a) Participate in a vehicle modification consultation provided by a qualified driver rehabilitation specialist approved by RSC; and

(b) Sign the vehicle modification consumer agreement form.

(3) Replacement modifications. An RSC consumer is only eligible to receive a replacement modification once every seven years, must have accumulated at least seventy-thousand miles, and must have demonstrated at least two consecutive years of involvement in an employment outcome. Exceptions to this are as follows:

(a) A consumer with a progressive disability (for example, multiple sclerosis, muscular dystrophy, spinal muscular atrophy) shall be provided with an upgradable modification whenever possible. Should such a consumer experience a deterioration of function such that he/she is no longer able to safely drive or be transported with the provided level of adaptive driving technology, then he/she is eligible to receive an additional modification in which the technology has been upgraded to match his/her current needs. If an upgradable modification is available at the time of the initial modification to meet the vehicle modification needs of a consumer with a progressive disability and he/she chooses not to accept such an upgradable modification, then he/she is no longer eligible for this waiver.

(b) A consumer who experiences an additional disability, such that he/she is no longer able to safely drive or be transported using the provided modification, is eligible to receive a new modification in which the adaptations match his/her current needs.

(D) General specifications and practices. The most current version of the following specifications shall be met.

(1) Documents from the U.S. veterans’ administration (VA) prosthetics assessment and information center (VAPC):

(a) VAPC-A-7708-3 “VA Standard Design and Test Criteria for Safety and Quality of Automatic Wheelchair Lift Systems for Passenger Motor Vehicles.”

(b) VAPC-A-7505-8 “VA Standard Design and Test Criteria for Safety and Quality of Special Automotive Driving Aids (Adaptive Equipment) for Standard Passenger Automobiles.”

(2) Documents from the U.S. veterans’ administration rehabilitation engineering center (VAREC):

(a) VAREC-A-8209-1 (DRAFT) “VA Standard Design and Test Criteria for Safety and Quality of Power Assisted Brake Modifications for Passenger Motor Vehicles.”

(b) VAREC-A-8210-1 (DRAFT) “VA Standard Design and Test Criteria for Safety and Quality of Power Assisted Steering Modification for Passenger Motor Vehicles.”

(3) Documentation from the U.S. veterans’ health administration (VHA) department of veterans affairs: VHA directive 97-034 (dated July 9, 1997 or as subsequently revised as of date of purchase) “Department of Veterans Approval Add-on Automobile Adaptive Equipment.”

(4) Documentation from the national mobility equipment dealers association:

(a) “Guidelines.”

(b) “Raised Roof and Doors – Ford E150 – Guidelines Manual.”

(c) “Lowered Floor Ford – E150 and E250 – Guidelines Manual.”

(5) The Texas A&M university system: “Adaptive Control Equipped Vehicle 2000 Mile Test” (recommended test plan).

(6) National highway traffic safety administration’s (NHTSA) federal motor vehicle safety standards (FMVSS) contained in federal regulations at 49 C.F.R. 571:

(a) Section 571.101, standard number 101: “Controls and Displays.”

(b) Section 571.102, standard number 102: “Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect.”

(c) Section 571.104, standard number 104: “Windshield Wiping and Washing Systems.”

(d) Section 571.105, standard number 105: “Hydraulic Brake Systems.”

(e) Section 571.106, standard number 106: “Brake Hoses.”

(f) Section 571.118, standard number 118: “Power-Operated Window, Partition, and Roof Panel Systems.”

(g) Section 571.124, standard number 124: “Accelerator Control Systems.”

(h) Section 571.201, standard number 201: “Occupant Protection in Interior Impact.”

(i) Section 571.203, standard number 203: “Impact Protection for the Driver from the Steering System Control.”

(j) Section 571.204, standard number 204: “Steering Control Rearward Displacement.”

(k) Section 571.207, standard number 207: “Seating Systems.”

(l) Section 571.208, standard number 208: “Occupant Crash Protection.”

(m) Section 571.209, standard number 209: “Seat Belt Assemblies.”

(n) Section 571.210, standard number 210: “Seat Belt Assembly Anchorages.”

(o) Section 571.214, standard number 214: “Side Impact Protection.”

(p) Section 571.216, standard number 216: “Roof Crush.”

(q) Section 571.301, standard number 301: “Fuel System Integrity.”

(r) Section 571.302, standard number 302: “Flammability of Interior Materials.”

(7) National highway traffic safety administration’s (NHTSA) exemption from the make inoperative prohibition contained in federal regulations at 49 C.F.R. 595.

(8) American welding society (AWS):

(a) AWS D1.1-94 or most current version of “Structural Welding Code – Steel.”

(b) AWS D10.7-86R or most current version of “Recommended Practices for Gas Shielded Arc Welding of Aluminum and Aluminum Alloy Pipe.”

(9) Society of automotive engineers (SAE):

(a) SAE J140: “Seat Belt Hardware Test Procedure.”

(b) SAE J188: “Power Steering Pressure Hose.”

(c) SAE J189: “Power Steering Return Hose.”

(d) SAE J190-J191: “Power Steering Pressure Hose Assemblies.”

(e) SAE J384: “Motor Vehicle Seat Belt Anchorages-Test Procedure.”

(f) SAE J385: “Motor Vehicle Seat Belt Anchorages.”

(g) SAE J514: “Hydraulic Tube Fittings.”

(h) SAE J516: “Hydraulic Hose Fittings.”

(i) SAE J517: “Hydraulic Hose.”

(j) SAE J518: “Hydraulic Flanged Tube, Pipe, and Hose Connections 4-Bolt Split Flange Type.”

(k) SAE J1138: “Design Criteria – Driver Hand Controls Location for Passenger Cars, Multipurpose Passenger Vehicles and Trucks, (10,000 GVW and Under).”

(l) SAE J1139: “Direction of Motion Stereotypes for Automatic Hand Controls

(m) SAE TSB002: “Preparation of SAE Technical Reports

(n) SAE J1176: “External Leakage Classifications for Hydraulic System.”

(o) SAE J1211: “Recommended Environmental Practices for Electronic Equipment Design.”

(p) SAE J1273: Recommended Practices for Hydraulic Hose Assemblies.”

(q) SAE J1292: “Automotive, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring.”

(r) SAE J1402: “Automotive Air Brake Hose and Hose Assemblies.”

(s) SAE J1403: “Vacuum Brake Hose.”

(t) SAE J1903: “Automobile Adaptive Driver Controls, Manual.”

(u) SAE J2094: “Vehicle and Control Modifications for Driving with Physical Disabilities Terminology.”

(v) SAE J1725: “Structural Modification for Personally Licensed Vehicles to Meet the Transportation Needs of Persons with Disabilities.”

(w) SAE J2092: “Testing of Wheelchair Lifts for Entry to or Exit from a Personally Licensed Vehicle.”

(x) SAE J2093: “Design Considerations for Wheelchair Lifts for Entry to or Exit from a Personally Licensed Vehicle.”

(y) SAE J2249: “Wheelchair Tie-down and Occupant Restraint Systems for Use in Motor Vehicles.”

(10) Ohio department of highway safety: Ohio Revised Code, “Ohio Motor Vehicle Laws.”

(11) Military standards (MIL-STD): 1472D “Human Engineering Design Criteria for Military Systems, Equipment and Facilities:” 5.4.1.8 “Prevention of Inadvertent Operation.”

(12) Driver training schools: Ohio Revised Code, Chapter 4508.

(13) Ohio department of public safety: Ohio Administrative Code 4501-7. “Commercial Driver Training Schools.”

(E) Rebates. The consumer must apply for all applicable mobility rebates. If a consumer receives a rebate from an original equipment manufacturer because of modifications made to a vehicle, that rebate shall be returned to RSC to defray the costs of the modifications.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002

The following definitions apply to rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(A) “Accessible” means the property of being able to be reached, operated, and maintained by the user of the equipment.

(B) “Actuator” means any mechanism for controlling or moving a component indirectly or at a distance from the input, for example, a remote control device, power door opener, power parking brake.

(C) “A.D.E.D.” means the association of driver rehabilitation specialists. Formerly the association of driver educators for the disabled.

(D) “Anchorage” means the final point of attachment for transferring seat belt assembly or wheelchair tie-down loads (modified from SAE J394).

(E) “Automotive adaptive device” means a piece of equipment designed to enable a person with a disability to operate an automotive vehicle.

(F) “Automotive adaptive equipment” means any device or mechanism which permits a person with a disability to gain or regain driving capability and use a vehicle safely and independently.

(G) “Back-up” means any device which duplicates or otherwise fulfills the function of another if the latter fails or becomes inoperative.

(H) “Bevel” means the trim ring around a gauge or control.

(I) “CDRS” means certified driver rehabilitation specialist, an A.D.E.D. certification.

(J) “Certified,” when referring to an individual, means an individual who has been trained in a specific skill or field and has been awarded a certificate in recognition of his/her demonstrated proficiency in that skill or field. “Certified,” when referring to a product, means the written, signed statement of a supplier attesting that a product meets a specified standard of construction, performance, method of processing, etc.

(K) “Control interface” means a component (such as a knob, level, tri-pin) that is used to actuate a control.

(L) “Converter” means a company that is engaged in the process of modifying minivans, so that the floor is lowered from that of the vehicle as originally manufactured.

(M) “Crashworthiness” means the degree to which the interior of a vehicle, devices installed in the passenger compartment, and the structure of the vehicle as a whole are designed to minimize injury to an occupant in the event of a crash.

(N) “Display” means a device that imparts information to a person for the purpose of operating a piece of equipment.

(O) “Driver rehabilitation specialist” means a qualified individual who measures a person’s ability to safely operate a vehicle, teaches that individual to operate the equipment, and prescribes the automotive adaptive equipment necessary to permit a person with a disability to drive safely and independently.

(P) “Dynamic” means active, moving, changing, as opposed to static.

(Q) “Electronic gas & brake (EGB)” means a control system which activates the gas and brake; it is electrically power assisted.

(R) “FMVSS” means federal motor vehicle safety standards contained in federal regulations at 49 C.F.R. governing motor vehicle safety, promulgated and enforced by NHTSA.

(S) “Fourth door” means an additional (fourth) door installed on the driver’s side of the van.

(T) “Gauge” means the thickness of a sheet of metal, specifically the U.S. standard sheet metal gauge system. The thickness in this system varies from 0.0062 inch (38 gauge) to 0.5 inch (0 000 000 gauge).

(U) “Gross Axle Weight Rating” (GAWR) means the value specified by the vehicle manufacturer as the maximum weight allowable when a single axle of a fully loaded vehicle (all occupants, all cargo, full fuel tank) is weighed.

(V) “Gross Vehicle Weight Rating” (GVWR) means the value specified by the manufacturer as the maximum weight allowed when a fully loaded vehicle (all occupants, all cargo, full fuel tank) is weighed.

(W) “High tech van” means a category of vehicle modification currently consisting of three general control configurations. These include: unilever driving systems (joysticks); multi-axis remote steering wheel controls; and hydraulic/mechanical unilever driving systems.

(X) “Hydraulic” means operated, moved, or effected by means of a fluid under pressure.

(Y) “Inflatable restraint system” means a system consisting primarily of sensor(s), diagnostics, inflator(s), and module(s) which inflates a bag in certain vehicle crashes to assist in preventing the occupant(s) from impacting the interior frontal portion of the vehicle.

(Z) “Instrumentation” means devices for detecting and/or measuring some quality or state under observation.

(AA) “Integrated circuit” means a tiny complex of electronic components and their connections that is produced in or on a single slice of material such as silicon.

(BB) “Left foot accelerator” means a mechanical device that allows left foot operation of the accelerator.

(CC) “Low-effort steering system” means a system requiring less effort for operation than factory installed steering equipment, but more effort than a zero effort steering system, that is, between four and fifteen inch-pounds (in-lb).

(DD) “Maintainability” means design considerations directed toward accomplishing necessary maintenance quickly, safely, accurately, and effectively with minimum requirements for personnel, skills, special tools, and cost.

(EE) “NHTSA” means national highway traffic safety administration and is that part of the U.S. department of transportation that promulgates and enforces the FMVSS.

(FF) “NMEDA QAP” means national mobility equipment dealers association quality assurance program and is a certification program administered by NMEDA governing the quality of vehicle modification services.

(GG) “Original equipment manufacturer” (OEM) means the original automotive manufacturer producing the vehicle such as Ford, General Motors, Chrysler, etc.

(HH) “Parallel system” means, when referring to adaptive driving modifications, a system that controls a function without interference of the OEM control. As an example, a set of mechanical hand controls is installed parallel so that the driver with a disability can use the hand operated control, but the gas and brake pedals are still active and available for use by a driver who is not disabled.

(II) “Pneumatic” means using the power of compressed air or other gas to actuate or accomplish some function.

(JJ) “Powered seat base” means a seat base that provides additional seat travel to facilitate movement of the user to and from the seat. This includes the following: (1) two way transfer seat base, (2) four way transfer seat base, (3) six way transfer seat base, and (4) eight way transfer seat base.

(KK) “Processor” means any device which performs logical operations on information or input or otherwise operates on data, that is, essentially a dedicated purpose computer.

(LL) “Raised roof” means a modification to the OEM roof that replaces all or part of the sheet metal roof or modifies the OEM roof supports.

(MM) “Reliability” means the quality of being dependable in operation within the stated operational limits; probability that a system will perform a required function under specified conditions for a specified period or at a given time.

(NN) “Reduced-effort steering system” means a product or modification of a power steering system to lower the amount of effort required to steer a vehicle. This term includes both a low-effort steering system and a zero-effort steering system.

(OO) The “society of automotive engineers” (SAE) means the professional association of persons involved in the development of engineering practices and procedures in transportation.

(PP) “Servo” means a power device which amplifies control forces.

(QQ) “Semi-automatic wheelchair lift” means a wheelchair lift designed to be operated with an attendant present. The lift is characterized by a solid lift platform plus motorized raise and lower functions.

(RR) “Single point failure” means any failure that results in a hazard or that otherwise adversely affects the safe operation of the system.

(SS) “Steering devices” means a device attached to the steering wheel which allows rotation of the steering wheel with one hand, such as: (1) a spinner knob, (2) a tri-pin, (3) an amputee ring, (4) a palmer cuff, or (5) a steering cuff.

(TT) “Subsystem” means a combination of parts which performs an operational function within a system and is usually a major subdivision of that system.

(UU) “Unilever driving systems” or “joysticks” mean high tech driving systems that are used to apply throttle, brake, and steering inputs to the vehicle using a single control handle.

(VV) “Vacuum” means a space partially empty of air such that the pressure in the space is below that of the surrounding air; this pressure difference is used as a source of power.

(WW) “Vacuum gas and brake” (VGB) means a servo system powered by negative pressure (see “Servo”).

(XX) “Zero-effort steering system” means a system requiring less force for operation than a low-effort steering system (that is between 1.5 and 4.0 in-lb). While it is recognized that no system is actually “zero” effort, this is the term commonly used in the adaptive automotive industry to refer to systems requiring the amount of force noted here.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.15, 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 06/03/2002

(A) Required specifications. The state of Ohio shall retain the right to refuse payment for any work that is poorly designed, fabricated, installed or fit, or that does not comply with the provisions of rules 3304-6-01 to 3304-6-15 of the Administrative Code. Failure of the retail dealer to comply with these rules shall result in the loss of “good standing” status, and may result in any or all of the following: revocation of bid, delayed payment until correction is made; refusal to accept delivery of modifications; suspension from bidding; removal from the list of ORSC approved retail dealers; or other actions deemed necessary to protect the state of Ohio, RSC, and the taxpayer.

(1) For a retail dealer’s first bid/price submission after the effective date of this rule, “good standing” means that the retail dealer meets all of the requirements in paragraphs (B) to (E) and (G) to (J) of this rule.

(2) For a retail dealer’s bid after completing a vehicle modification for RSC, “good standing” means that the retail dealer shall have complied, for the modification, with rules 3304-6-01 to 3304-6-15 of the Administrative Code with respect to vehicle modification equipment and services as identified in paragraphs (A)(1) and (A)(2) of rule 3304-6-01 of the Administrative Code.

(B) Requirements for retail dealers. A retail dealer shall meet all of the following conditions:

(1) Maintain valid up-to-date certification with the national mobility equipment dealers association’s quality assurance program (NMEDA QAP) and shall provide written proof of same to RSC on an annual basis and as otherwise requested by RSC; written documentation shall include the designated level of certification and the effective dates of certification.

(2) Register with NHTSA in accordance with federal regulations as contained in 49 C.F.R. 595.6.

(3) Comply with RSC quality inspections and be in “good standing” with RSC.

(4) Have a permanent business location in the state of Ohio, except for those cases in which an essential modification or its equivalent is not available in the state of Ohio including, but not limited to, those modifications governed by rule 3304-6-15 of the Administrative Code.

(5) Have, at that location, all of the facilities necessary to install, maintain, repair, and replace those components/assemblies included in any bid the retail dealer submits to RSC and perform said work at that location.

(6) Have, at that location, accessible restroom facilities according to the Americans with Disabilities Act of 1990 (Public Law 101-336) requirements.

(7) Be recognized by the aftermarket manufacturer(s) as an approved installer/retailer of the devices and mechanisms identified in paragraphs (A)(1) and (A)(2) of rule 3304-6-01 of the Administrative Code.

(8) Have employee(s) who are trained by the manufacturer of the equipment and who are certified to install, service, and repair the equipment.

(9) Maintain a current list of those certified employees and provides a copy of this list to RSC upon request.

(C) Subcontracting. Other than as indicated in rule 3304-6-15 of the Administrative Code, a retail dealer may subcontract only non-adaptive work, but shall retain fitting, warranty, and repair responsibility for all subcontracted work. Non-adaptive refers to those items other than structural modification and specialized equipment provided for the sole purpose of enabling a person with a disability to drive or be transported in a vehicle. Subcontractors shall meet requirements of paragraph (B)(3) of this rule.

(D) Warranties. Retail dealers shall use only new products and new parts that are protected against defects by manufacturers’ written warranties of a minimum of one year except for those items transferred in accordance with rule 3304-6-14 of the Administrative Code. Retail dealers shall warrant in writing their own installation work for at least two years.

(E) Liability insurance. Each retail dealer shall maintain “product/completed operations” liability insurance that holds RSC, its agents, employees, and consultants harmless from any claim for damages resulting from the retail dealer’s work or the work/products of his suppliers, and provides minimum coverage of one million dollars. Also, each retail dealer shall maintain “garage-keeper’s” liability insurance and “premises” liability insurance as well. The first price quotation from each retail dealer shall include a written certification of insurance from the insurance company specifying the dates and limits of coverage and including a provision for notification of cancellation to RSC. Thereafter, the retail dealer’s first quotation following each renewal of the policy shall include an updated certificate.

(F) Information provided by retail dealer. At the completion of the authorized work, the retail dealer shall issue to the consumer, an original copy of the installation, operations, maintenance instructions, and warranty cards for all equipment installed in the vehicle. Copies of the operations, maintenance instructions, and warranty cards shall accompany the bill to RSC. The retail dealer shall provide a full demonstration to the consumer of all adapted equipment. The retail dealer shall also provide:

(1) Compliance statement: upon completion of each job the retail dealer shall sign a statement for RSC certifying that all work complies with rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(2) Labeling: Upon completion of each job the retail dealer shall permanently affix the following labels adjacent to the original certification label or the alterer certification label:

(a) NMEDA QAP label in accordance with NMEDA QAP certification requirements, and

(b) Label required by NHTSA in compliance with 49 C.F.R. 595.7.

(3) List of modifications. A list of modifications shall include all modifications made to the vehicle and all additional equipment installed. This list shall be provided to RSC or its representative and to the consumer. This list shall contain the NMEDA QAP label identification number.

(4) List of FMVSS. A list of FMVSS, or portions thereof, subject to the make inoperative prohibition exemption provided in federal regulations at 49 C.F.R. 595 with which the vehicle may no longer be in compliance.

(5) Load carrying capacity reduction disclosure. A statement based on the vehicle’s GVWR, in compliance with 49 C.F.R. 595, indicating any reduction in the load carrying capacity of the vehicle of more than two-hundred-twenty pounds after the modifications are complete. The retail dealer shall state whether the weight of the user’s wheelchair is included in the available load capacity.

(6) Wiring diagram. A wiring diagram shall be complete and shall identify all added or modified components and subassemblies by name and by wire color and gauge. The wiring diagram shall be given to the consumer.

(7) Operating and maintenance instructions. For all major equipment additions and modifications, any operating and maintenance information available from manufacturers shall be provided to the consumer.

(8) Unused parts. A list of unused parts shall include all items removed from the vehicle. The list and the unused parts will be returned to the consumer. The consumer shall sign the list, entering a note that the signature either acknowledges receipt of the items or releases them for the retail dealer’s disposal.

(G) Confidentiality. Any information the retail dealer obtains about an RSC consumer as a result of submitting bids and/or providing modifications to the consumer’s vehicle shall be confidential. The retail dealer shall not reveal any such information without the consumer’s written consent. Failure to maintain confidentiality shall result in loss of “good standing” status as defined in paragraph (A) of this rule.

(H) Related costs. RSC may require that the retail dealer include the following items in its bid/price submission:

(1) Pickup and delivery of the vehicle from and to the consumer.

(2) Transportation of the vehicle for the purpose of service, maintenance, and follow-up adjustments during the warranty period.

(3) Projected completion time. RSC reserves the right to provide a mandatory completion time and to impose a daily monetary penalty for exceeding this completion time.

(I) Manufacturer requirements. Retail dealers shall install only products which conform to the following, except for those items transferred in accordance with rule 3304-6-14 of the Administrative Code:

(1) Only products for which the manufacturer carries 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 two million dollars, shall be installed. Obtaining proof of such coverage shall be the responsibility of the retail dealer and shall be provided to RSC upon request. Any bid containing products which do not meet this provision shall be rejected.

(2) Any product that contains a powered mechanism shall permanently bear, via engraving or fixed plate, a model number, a serial number, and the name and address of the manufacturer. The engraving or fixed plate shall remain visible after installation.

(J) Bid requests and awards. Competitive bidding shall be required for all vehicle modifications except those involving only items defined in 3304-6-14(A)(2)(b) to be “relatively minor.”

(1) Competitive bidding. Requests for quotations/bids shall only be sent to the three qualified retail dealers whose registered permanent places of business, as determined by NMEDA QAP certification, are geographically closest to the consumer’s residence. These retail dealers shall be on the list of ORSC approved retail dealers as maintained by the ORSC rehabilitation technology support unit. No other quotations/bids shall be solicited or accepted. The bidder submitting the lowest of the three bids shall be awarded the work. In the case where two or three retail dealers have submitted identical low bids, consumer choice among the tied low bidders shall prevail.

(2) Relatively minor modifications. For modifications involving only those items defined as “relatively minor” in paragraph (A)(2)(b) of rule 3304-6-14 of the Administrative Code, the retail dealer (i.e., vehicle modification shop) that will perform the modification shall be chosen by the consumer from the current list of ORSC approved retail dealers. This list is maintained by the ORSC rehabilitation technology support unit. No other retail dealers shall be asked to submit prices or used to provide vehicle modifications.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002

(A) Safety of operation and construction. The primary design consideration shall be safety to the person using automotive adaptive equipment and vehicles that have been modified. Any installation of equipment or modification of the vehicle shall neither introduce new single-point failures of the associated vehicle subsystem which otherwise do not exist in that subsystem nor compromise user safety or safety of the motoring public.

(1) Any installation of equipment or modification of the vehicle shall not compromise safety provisions provided by the vehicle manufacturer in compliance with the applicable FMVSS, as defined in the federal regulations at 49 C.F.R. 595 to include the following: 102 to 106, 110, 111, 113, 117, 121, 124, 125, 129, 205, 206, 209, 210, 212, 213, 216, 301 to 303.

(2) Installation and/or modifications may make safety features inoperative only as indicated in the federal regulations at 49 C.F.R. 595 with respect to the following FMVSS:

(a) 101 Controls and displays (except for S5.2(a), S5.3.1, S5.3.2 and S5.3.5);

(b) 108 Lamps, reflective devices, and associated equipment (S5.1.1.5 only, when the modified motor vehicle does not have a steering wheel and it is not feasible to retain the turn signal self-canceling device installed by the vehicle manufacturer);

(c) 114 Theft protection (S4.4 and S4.5 only, when the original key-locking system must be modified);

(d) 118 Power-operated window, partition, and roof panel systems (S4(a) only, when the medical condition of the person for whom the vehicle is modified requires a remote ignition to start the vehicle);

(e) 135 Passenger car brake systems (S5.3.1 only, when the vehicle modification requires removal of the vehicle manufacturer installed foot pedal);

(f) 201 Occupant protection in interior impact (only with respect to targets on the side rail, B-pillar and first “other” pillar adjacent to the stowed platform of a lift or ramp, or the rear header and rearmost pillars adjacent to the stowed platform of a lift or ramp):

(g) 202 Head restraints (when the motor vehicle is modified to be driven by an individual in a wheelchair and no other seat is provided for the driver or the front passenger sits in a wheelchair and no other front passenger seat is provided, and S4.3(b)(1) and S4.3(b)(2) only, when the driver’s head restraint must be modified to accommodate a driver with a disability);

(h) 203 Impact protection for the driver from the steering control system (S5.1 only, when the modification requires a structural change to or removal of the original steering shaft, and S5.2 only, when an item of adaptive equipment must be mounted on the steering wheel);

(i) 204 Steering control rearward displacement (only, when the modification requires a structural change to or removal of the original steering shaft);

(j) 207 Seating systems (S4.1 only, when the motor vehicle is modified to be driven by an individual in a wheelchair and no other seat is provided for the driver and a wheelchair securement device is installed in the driver position);

(k) 208 Occupant crash protection (S4.1.5.1.(a)(1), S4.1.5.1(a)(3), S4.2.6.2, S5, S7.1, S7.2 and S7.4 only, when type 2 or type 2A seat belts meeting the requirements of FMVSS Nos. 209 and 210 are installed in the affected seating position);

(l) 214 Side impact protection (S5 only, when the affected seating and/or restraint system must be modified to accommodate a person with a disability).

(B) Installation and/or modifications shall not present hazards, such as sharp edges to vehicle occupants. The design of the adaptive equipment itself shall meet applicable standards contained in rules 3304-6-01 to 3304-6-15 of the Administrative Code.

(C) Workmanship. All retail dealers shall comply with the most recent version of NMEDA’s quality assurance guidelines.

(D) Conventional use. When possible, adaptive equipment and vehicle modifications shall permit operation by a driver without a disability with as little change as possible from conventional subsystems operation and function. Adaptive equipment shall not impede the operation of secondary controls.

(E) Requirements of components and assemblies. Design of automotive adaptive equipment shall be consistent with accepted engineering principles and with automotive design practice with regard to materials, structures, lubricants, and maintainability. Any adaptive device or component shall be designed to enhance the usability of the vehicle by the person who has a disability, and not degrade the vehicle’s value, safety of operation, service life, or cost of operation. RSC may require an adaptive device or modification to be submitted to an independent test and evaluation agency for evaluation before the adaptive device or modification is approved for purchase by RSC. Assembly of automotive adaptive equipment shall have good workmanship in accordance with good commercial practice and shall conform to the following requirements:

(1) Welded assemblies. The design and fabrication of any welded assembly shall conform to sections 1, 2, 3, and 4 of the AWS “Structural Welding Code – Steel,” D1.1-94 or the most recent revision, or to the AWS “Recommended Practices for Gas Shielded Arc Welding of Aluminum and Aluminum Alloy Pipe,” D10.7-86R, or the most recent revision as applicable.

(2) Assembly fasteners. Fasteners shall conform to the SAE standards or recommended practices as applicable. Fasteners shall be designed or treated for resistance to loosening from vibration. Fasteners shall be grade 5 minimum. Bolts shall be fastened with self-locking nuts or with standard nuts and separate lock washers used with thread locking liquid. Clevis pins, axles, and connectors employed at pivot points on various control and servo systems shall be hardened steel and shall be adequately secured with hardened pins, castellated and pinned nuts, or self-locking nuts.

(F) Electrical and electronic performance guidelines. Any electrical or electronic component of an automotive adaptive device shall be designed, assembled, and connected as defined in SAE J1211 “Recommended Environmental Practices for Electronic Equipment Design.”

(1) Electrical performance requirements. Any electrical component and its associated wiring including connection into stock automotive wiring or in place of it shall meet the minimum standards of SAE J1292 “Automotive, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring.”

(2) Electronic performance requirements. Any electronic device shall be certified by the manufacturer to have passed the applicable environmental tests specified in SAE J1211 “Recommended Environmental Practices for Electronic Equipment Design,” if that device is part of the adaptive equipment which, if the electronic device fails, constitutes a single point failure.

(G) Labeling of controls and displays. Labels for controls, operation of equipment, or for cautionary information shall be designed to be legible at the distance at which they should be expected to be read under normal operating conditions, under daytime conditions, and under illumination. Under nighttime levels of illumination, certain labels on the dash panel are required to be illuminated as in FMVSS 101. If these controls are relocated to a panel visible to the driver in the driver position, they shall be illuminated. Label names and symbols shall be designed to meet the standards of FMVSS 101 “Controls and Displays,” unless OEM labels differ, in which case the OEM label for the same function shall be repeated. Labels shall be designed to remain permanently affixed and legible for the design lifetime of the device or panel to which they are affixed. The use of temporary labels or labels made through the use of embossing devices on special pressure-sensitive tape shall not be acceptable.

(H) Hydraulic, pneumatic, and vacuum performance guidelines. Any hydraulic, pneumatic, or vacuum operated subsystem of an automotive adaptive system shall be designed, assembled, and connected in a manner suitable for the automotive operational environment, as defined and applicable in SAE J1211 “Recommended Environmental Practices for Electronic Equipment Design.”

(1) Selection and installation of hydraulic hose shall conform to the general guidelines of SAE J1273 “Selection, Installation, and Maintenance of Hose and Hose Assemblies.”

(2) Hoses used for adaptive equipment for power steering systems including servo controls shall meet the requirements of SAE J188, J190, or J191 for pressure hoses, and J189 for return hoses.

(3) Hydraulic system integrity inspection. Adaptive equipment using hydraulic components shall meet minimum external leakage as defined in SAE J1176 “External Leakage Classifications for Hydraulic System” as a Class 3 leakage state, that is, recurring fluid that results in the formation of a non-falling droplet.

(I) Pneumatic and vacuum performance requirements. Pneumatic and vacuum equipment that includes actuators, valves, hoses, and fittings designed for operation by either pressurized air or by engine manifold vacuum shall meet the following requirements.

(1) Pneumatic hoses and associated fittings shall meet the requirements of SAE J1402 “Automotive Air Brake Hose and Hose Assemblies.”

(2) Vacuum hoses and associated fittings shall meet the requirements of SAE J1403 “Vacuum Brake Hose.” Vacuum hoses connected to adaptive equipment shall be secured by suitable hose clamps.

(3) Pneumatic and vacuum integrity inspection. Pneumatic and vacuum operated adaptive equipment shall be visually inspected for integrity. Any audible leak in pneumatic equipment shall disqualify that equipment from acceptance. Any vacuum operated adaptive equipment shall be capable of sustaining a vacuum of at least ten inches of mercury when it is not operating but the vehicle engine is running.

(J) Inspections of vehicle modifications. Inspections shall be performed for all vehicle modification projects including standard mechanical hand/foot controls on automobiles, vans and trucks. A qualified consultant, designated by RSC, shall perform all vehicle modification inspections.

(1) Number of inspections: RSC, with the assistance of the consultant, shall determine the number of inspections and the time when each inspection is needed. The minimum number of inspections is the final inspection, and if modifications are made to the roof or floor, an interim inspection shall be required. RSC will include this information in the final award notice to the retail dealer.

(2) The retail dealer shall contact the vehicle modification inspector to schedule the necessary inspections.

(3) Final inspection. At the final inspection, the consultant, the retail dealer, and the consumer shall be present and all parties shall be satisfied with the results of the inspection before the consumer accepts the vehicle.

(4) Failure to cancel inspection. RSC shall deduct the amount of the RSC consultant’s travel expenses and fee from the amount RSC owes the retail dealer if the consultant is required to make a return visit to the retail dealer for inspection for either of the following reasons: (a) the vehicle is not ready for inspection, or (b) the modifications have not been completed in accordance with these rules. The retail dealer must cancel the appointment at least twenty-four hours in advance in order to avoid the deduction.

(5) Rework inspection. RSC may require the vehicle modification inspector to perform an inspection of rework completed on a consumer’s modified vehicle within the first ninety days following delivery of the completed vehicle to the consumer. If it is determined that the cause of the rework is dealer installation or workmanship, the retail dealer shall be required to pay for the cost of the inspection, including the fee and travel expenses of the inspector and any reasonable costs incurred by the consumer as a result of the rework.

(K) Inspection of vehicles prior to conversion. Vehicles shall be inspected by an RSC representative or designee before authorizing a modification for the installation of a wheelchair or scooter handling device. The RSC representative or designee shall inspect the vehicle to insure the structural integrity of the vehicle; and that the vehicle design is appropriate to accept the recommended device.

(L) Applicability to other rules. The requirements contained in this rule shall also apply to rules 3304-6-05 to 3304-6-15 of the Administrative Code, as applicable. When the requirements contained in rules 3304-6-05 to 3304-6-15 exceed those in this rule, the requirements in rules 3304-6-05 to 3304-6-15 shall govern.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002

Primary controls are controls for speed, braking, and steering. This rule applies only to adaptations that run parallel to OEM factory controls. Any other adaptive primary controls may be evaluated on a case-by-case basis by RSC, or its representative.

(A) Approved manufacturers. When applicable, RSC shall purchase only standard controls, vacuum, pneumatic or electric brake/gas controls, reduced-effort or zero-effort steering and braking, and corresponding back-up systems identified as meeting VA standards of safety and quality as listed in VHA directive 10-94-070 (dated August 5, 1994 or as subsequently revised as of date of purchase). Hand controls, both mechanical and servo, shall be identified in accordance with section 4.1.1 of SAE J 1903: “Automotive Adaptive Driver Controls.” Each control assembly or component available for sale as a separate unit shall bear a model number, a serial number, and the name and address of the manufacturer. The identification may be engraved directly onto a permanent structural member or placed on a permanently affixed tag. The identification shall remain visible when the product has been installed in the vehicle.

(B) Mechanical hand controls. Mechanical hand controls are those devices that substitute for foot controls to operate the accelerator and the service brake. The type and location of hand controls shall be determined by the driver rehabilitation specialist in accordance with the consumer’s needs to safely and effectively operate the vehicle.

(1) Installation requirements. Hand controls shall be mounted only on a vehicle with power brakes, power steering, and automatic transmission. Hand controls shall be installed according to the manufacturer’s specifications.

(2) Performance requirements. Standard hand controls shall meet the standard of the VA (VAPC-A-7505-8 dated March 31, 1978 or as subsequently revised as of date of purchase).

(C) Servo hand controls. Servo hand controls are add-on parallel controls for throttle and/or brake which are powered other than by the driver’s own muscular efforts. The assistance to the driver may be achieved by vacuum, pneumatic, or electronic servos. Servo hand controls shall meet the following specifications.

(1) Manufacturers. RSC shall purchase servo hand controls only from manufacturers that have provided the following information to RSC:

(a) Name of device;

(b) Model number of device;

(c) Item description, including;

(i) General description.

(ii) Purpose of device, and

(iii) Device features;

(d) System restrictions and limitations, including:

(i) Restrictions to installation on specific vehicles,

(ii) Incompatibilities (known and probable) with other adaptive driving equipment or with OEM equipment, and

(iii) Limitations/capabilities of intended user population:

(e) Current availability of the model:

(i) Length of time in production,

(ii) Number of units sold to date, and

(iii) Customer references, including local/state/federal government and private payers;

(f) Status or designation of VA approval, if any;

(g) Written signed statement that the design complies with all applicable paragraphs of rules 3304-6-01 to 3304-6-15 of the Administrative Code;

(h) Written results of all laboratory, field, and clinical testing;

(i) List of consumer-specific adjustments indicating who shall accomplish the adjustments, that is, the retail dealer, driver rehabilitation specialist, manufacturer, consumer, or other;

(j) Maintenance schedule;

(k) Warranty documents;

(l) Installation/assembly instructions with fully labeled diagrams;

(m) User’s manual;

(n) Proof of liability insurance as defined in paragraph (I)(1) of rule 3304-6-03 of the Administrative Code; and

(o) List of approved retail dealer installers.

All information provided by the manufacturer shall be considered confidential. The information shall be reviewed by a team of licensed engineers for approval. All design changes to an approved model shall be reported to RSC. Such design changes shall not be sold to RSC prior to notice, review, and approval. The information that must be submitted for design change review is that indicated in paragraphs (C)(1)(a), (C)(1)(b), (C)(1)(c)(iii), (C)(1)(d)(i), (C)(1)(d)(ii), and (C)(1)(g) to (C)(1)(m) of this rule. If the information previously provided for in paragraphs (C)(1)(c)(iii), (C)(1)(d)(i), (C)(1)(d)(ii), (C)(1)(i) to (C)(1)(k), and (C)(1)(m) of this rule remains the same as that submitted for the original design approval, the manufacturer shall indicate that in writing in lieu of resubmitting the requested information. RSC shall determine whether the design change is sufficient to warrant the need for approval as a new product. RSC reserves the right to suspend or withdraw approval without prior notification to the manufacturer if the manufacturer’s product is found to be in violation of these rules or is found to involve a significant risk to consumer safety.

(2) Performance requirements.

(a) Operation. The servo hand control shall have the capability for custom sensitivity settings that can be adjusted by the manufacturer’s designee as stated in paragraph (C)(1)(l) of this rule to match the consumer’s optimal strength and range of motion and shall have proportional feedback.

(b) Testing. The servo hand control shall have pre-check operational capability with visual monitoring and/or an audible and visual warning system in case of malfunction.

(3) Back-up brake. The system shall have an automatically activated power source to assist in brake application in case of engine failure.

(4) Reservoir tank. The reservoir tank shall be a minimum of fourteen-gauge steel.

(5) Handle adaptation. The handle shall have the capability of adaptation for devices that the consumer needs for effective and safe operation.

(6) Bearings. All bearings shall be either sealed bearings, oil-impregnated bronze bushings, or the industrial equivalent.

(7) Housings. All housings shall be constructed of corrosion-resistant material.

(D) Left foot accelerator. Left foot accelerators are devices consisting only of pedals, extensions, and brackets) that are added to the accelerator pedal to enable a driver to operate the accelerator pedal with the left foot. Standard left foot accelerators shall meet the standards of the VA (VAPC-A-7505-8 dated March 31, 1978 or as subsequently revised as of date of purchase).

(E) Braking modifications. Braking modifications lower the amount of driver effort required to operate the brakes and consist of modifications to the vacuum actuated power booster of the stock power brake systems provided as original equipment. This paragraph is limited to modifications which retain a standard brake pedal and associated linkage, the stock master cylinder and all plumbing down to and including the brake wheel cylinders or actuators, and additional equipment which is installed to provide back-up/emergency operation; specifically excluded are power assisted hand controls. The amount of reduction in effort in a reduced-effort or zero-effort braking system shall be determined by the consumer’s need for safe and effective driving. The retail dealer’s bid shall specify the manufacturer and the system that will provide that amount of reduction.

(1) Back-up system. An automatically activated back-up system shall be required on reduced- or zero-effort brake systems, and shall provide protection during engine failure. The back-up system shall include a low-vacuum warning indicator.

(2) Hoses, lines, fittings. Any hoses, lines, and fittings shall be of OEM quality and shall meet FMVSS for standard passenger vehicles.

(F) Mechanical, nonpowered steering devices. Mechanical nonpowered steering devices are add-on devices for use with stock automotive steering wheels. These devices are used by drivers who require some assistance in steering, gripping, or turning the wheel with one hand. Standard steering assist devices shall meet the standards of the VA (VAPC-A-7505-8 dated March 31, 1978 or as subsequently revised as of date of purchase).

(G) Steering column extension. A steering column-shaft extension is any elongation of, addition to, or replacement of an OEM steering column so that an individual can reach the steering wheel. A steering column-shaft assembly shall meet the following specifications:

(1) Collapsibility. A steering column-shaft assembly shall not interfere with the normal collapsibility of the steering column according to FMVSS 203 “Impact Protection for the Driver from the Steering Control System.”

(2) Length. The length of the assembly and whether it is integral or add-on shall be determined by the consumer’s needs for effective and safe driving.

(3) Appearance. That portion of the extended steering column which protrudes above the OEM column cover/housing shall be covered in a manner consistent with the finish and trim of the vehicle interior.

(H) Horizontal steering. Horizontal steering is a replacement steering column which is powered up and down for the purpose of relocating the steering wheel to a horizontal plane. A horizontal steering system shall meet the following:

(1) Collapsibility. A horizontal steering system must comply with FMVSS 203 “Impact Protection for the Driver from the Steering Control System.”

(2) Positioning. A motorized electrical actuator shall be used to consistently set the steering column head to the proper angle of tilt.

(3) Zero/reduced effort and back-up steering. Horizontal steering systems shall only be installed when zero/reduced effort steering and a back-up steering system are also installed.

(I) Steering modification. Steering modifications lower the amount of driver effort required to operate the steering system and modify the hydraulic control mechanism of the OEM power steering systems provided as original equipment. This paragraph is limited to modifications which retain a steering wheel and the OEM mechanical steering systems for steering control, with an unchanged steering gearbox ratio; and to additional equipment which is installed to provide back-up emergency operation.

(1) Steering modifications shall be provided as either low- or zero-effort steering systems. The amount of reduction in effort in a low-effort or zero-effort steering system shall be determined by the consumer’s need for safe and effective driving. The retail dealer’s bid shall specify the manufacturer and the system that will provide that amount of reduction.

(2) Steering modification performance requirements. Steering modifications shall meet the draft standards of the VA (VAREC-A-8110-1). If at some future date the VA adopts this standard and tests steering modifications for acceptance, then RSC may require that VA test documentation be furnished by the manufacturer or supplier. Until such VA adoption, the test procedures in this standard shall be performed by a qualified testing organization at manufacturer or supplier expense. The number of turns shall be the same as the OEM.

(3) Back-up steering. Powered back-up steering shall be installed whenever low- or zero-effort steering is used.

(a) Activation. Back-up steering shall activate automatically in the event of engine failure, slippage, absence of the power steering belt, or low steering fluid pressure or flow.

(b) Testing. The systems shall have the capability of being tested to make sure they are functioning.

(c) Safety switches. The system shall have a manual override safety switch, accessible by the driver, to initiate back-up power if the automatic back-up does not occur.

(d) Hoses, lines, fittings. Any hoses, lines, and fittings shall be of OEM quality and shall meet all FMVSS for passenger vehicles.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002

A secondary control is any device that operates a vehicle subsystem, other than those for steering, speed, and service braking. This rule is limited to adaptive extensions, to relocations of controls, and to devices that actuate one of the subsystems identified in this rule by means of movements of a member(s) of the driver’s body. This rule specifically excludes systems using voice, and any kind of electrical instrumentation that transduces any process in the driver’s body, such as muscle potentials, galvanic skin response, electroencephalograph, eye movements, etc. Secondary controls that are excluded from general acceptance under this rule may be accepted on a case-by-case basis after engineering study and approval by RSC.

(A) General requirements. Secondary control system adaptive equipment shall be (1) accessible to the driver with a disability for whom it is designed when he or she is behind the wheel; (2) not susceptible to inadvertent operation; and (3) suitable for use by drivers who are not disabled and who may need to operate the vehicle. In the general consideration of secondary adaptive control design, the following requirements shall be used to the maximum extent possible:

(1) SAE J1139 “Supplemental Information-Driver Hand Controls Location for Passenger Cars, Multi-purpose Passenger Vehicles, and Trucks (10,000 GVW and Under).”

(2) MIL-STD 1472C “Human Engineering Design Criteria for Military Systems, Equipment and Facilities,” 5.4.1.8, “Prevention of Inadvertent Operation.”

(3) FMVSS 101 “Controls and Displays.”

(B) Secondary control consoles. A secondary control console houses relocated secondary controls and more advanced design secondary controls, including associated automotive systems displays such as a voltmeter, vacuum gauge, pressure gauge, door open indicators or warning lamps, shift quadrant indicators, or display formats presented by cathode ray tube or liquid crystal display. The secondary control console provides access to secondary controls for the driver and a protective housing for the electronic components.

(1) Performance requirements. The secondary control console shall:

(a) Provide positive retention (that is, permanent mounting) of all controls and displays mounted in it or on it;

(b) Use materials suitable for an automotive environment as defined in SAE J1211 and of sufficient strength and rigidity to be comparable to OEM panels for the same purpose on the unmodified vehicle;

(c) Avoid sharp edges through suitable protection, pad the surfaces likely to be contacted by occupants who are properly restrained, and pose no hazard to the vehicle driver or other occupants in the event of a collision; and

(d) Be positioned by supports that are designed to yield, deform, or break away under collision-level loading as defined in FMVSS 201.

(2) Design requirements for maintainability. Provisions shall be made for access to serviceable components mounted in the console or on it without requirement for special tools, skill, or methods for gaining access. Any hazards to service personnel or to the equipment which can come about because access to the console is provided shall be prominently labeled by an appropriately worded label when the access hatch or cover is removed.

(3) Labeling of controls and displays. Labeling of controls and displays shall meet the requirements of paragraph (D)(6)(a) of rule 3304-6-01 of the Administrative Code in its entirety. Non-glare illumination of the labels shall be provided. All illumination sources shall include provisions for dimming the level of illumination.

(C) Transmission.

(1) Extension levers. Extension levers for transmission control shall meet the standards of the VA (VAPC-A-7505-8 dated March 31, 1987 or as subsequently revised as of date of purchase). Extension levers that have not been accepted by the VA may be accepted by RSC if the extension lever meets the applicable criteria in VAPC-A-7505-8.

(2) Relocated controls. A relocated transmission control is a device which either replaces the automatic transmission control linkage or is connected to it in a manner other than an extension lever. The power input may be mechanical, hydraulic, electric, pneumatic, vacuum, or any combination of these.

(a) All automatic transmissions shall have a specified transmission shift lever sequence, a starter interlock, and at least one low gear. Any interlocks (ignition, brake pedal, etc.) shall not be defeated by the relocated control design or installation. The relocated transmission control shall incorporate a positive indication (that is, the indicator does not drift between gear selection letters) of transmission position in cases in which the OEM shift quadrant is obscured or removed.

(b) Relocated transmission controls shall meet FMVSS 102 as applicable.

(D) Parking brake.

(1) Mechanical extension. All extension levers shall be installed to the existing foot pedal parking brake to allow full application and release of the parking brake by hand.

(2) Power parking brake. The power parking brake shall be held in the applied position by mechanical means. If the consumer is unable to operate the standard parking brake or a mechanical parking brake extension, a power parking brake shall be installed.

(a) Performance requirements. The power parking brake shall be protected from weather. The cables shall be free from mechanical interference.

(b) The control switch for the brake shall be clearly marked for the engaged and disengaged positions and shall be installed on the console or other location according to the consumer’s needs for effective and safe operation.

(c) Power parking brake cables shall be firmly secured to the vehicle’s undercarriage by automotive ties capable of withstanding harsh and abusive weather and road conditions.

(E) Turn signals.

(1) Lever extension. Extension levers for turn signals shall meet the standards of the VA (VAPC-A-7505-8 dated March 31, 1978 or as subsequently revised as of date of purchase).

(2) Relocated controls. A relocated turn signal is a device which either replaces or is wired in parallel with the standard switching system for operating turn signals. A relocated turn signal control shall incorporate or leave intact the following provisions:

(a) Positive indication (that is, a light) that the turn signals are operating.

(b) Visible indication of the direction of turn.

(c) Automatic cancellation of the signal either by reverse turn of the steering system as on the OEM installation or by an automatic time-out circuit.

(d) Indication of signal lamp or other failures.

(3) Electronic or fluidic controls. Any adaptive turn signal control system that incorporates electronic circuits (including integrated circuit processors or computers) or fluidic circuits and that intervene between the control interface with the driver and the turn signal circuit shall meet all of the requirements of paragraphs (E) to (E)(2) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(F) Hazard warning signals.

(1) Extension grip. An add-on extension grip to the OEM hazard warning switch handle, usually located on the steering column, may be a clamp-on or bolt-on lever, or may be otherwise permanently attached to the switch. The device shall be designed so that it does not interfere with either primary or secondary control functions. The hazard warning extension shall be designed to be operable in the driver’s position.

(2) Relocated controls. A relocated hazard warning control is a device, which either replaces or is wired in parallel with the standard switching system for operating the hazard warning flashers. A relocated hazard warning control shall incorporate or leave intact the following provisions:

(a) Positive indication (that is, a light) that the hazard flashers are operating.

(b) Indication of signal light failure or other failure.

(3) Electronic or fluidic controls. Any adaptive hazard warning signal control system which incorporates electronic circuits (including integrated circuit processors or computers) or fluidic circuits that intervene between the control interface with the driver and the hazard warning signal circuit shall meet all of the requirements of paragraphs (F) to (F)(2) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(G) Windshield wiper/washer.

(1) Control extension. An add-on extension to the OEM windshield wiper and/or washer control handle or switch may be a clamp-on or bolt-on device, or this extension may replace the OEM handle or switch lever. The device shall be designed to be operable in the driver’s position. Extensions to the windshield wiper/washer system shall meet FMVSS 104 as applicable.

(2) Relocated controls. A relocated windshield wiper/washer control is a device which either replaces or is wired in parallel with the standard switching system for operating the windshield wipers and washers. A relocated windshield wiper/washer control shall meet FMVSS 104 as applicable and shall incorporate or leave intact the following provisions:

(a) All wiper speeds originally available with the unaltered windshield wiper system.

(b) Automatic parking of the wiper arms when the wiper system is shut off and the ignition is on.

(3) Electronic or fluidic controls. Any adaptive windshield wiper/washer control system which incorporates electronic circuits (including integrated circuit processors or computers) or fluidic circuits that intervene between the control interface with the driver and the windshield wiper/washer system shall meet all the requirements of paragraphs (G) to (G)(2) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(H) Ignition and engine start.

(1) Extension handle. An add-on extension to the OEM bevel that activates the ignition-system-status-and-engine-start function may be a clamp-on or a bolt-on device. This device shall be designed to be operable in the driver’s position and when the vehicle is in motion. In addition, express provisions to minimize the possibility of inadvertent operation (particularly ignition shut off) shall be incorporated in the design of an add-on extension to the OEM bevel for the ignition switch.

(2) Relocated controls. Relocated ignition/engine start controls are devices suitably designed that either replace the standard switching system or are wired in parallel with it. The ignition control and engine start control may be integrated as they are in almost all vehicles but they may also be separate controls if they are relocated so as to be accessible and/or operable in the driver’s position. A relocated ignition switch shall incorporate the following provisions:

(a) Shielding. Inadvertent operation, particularly operation which shuts off the ignition, shall be minimized by:

(i) Isolating or guarding the switch or control so that, although it is still accessible to the driver, it is not likely to be operated through mistake or accident. There are a number of methods for physically isolating or guarding a switch in sources such as MIL-STD 1472D, paragraph 5.4.1.8 as applicable. Specific attention to this requirement shall be documented by the adaptive equipment supplier and/or installer to RSC before acceptance.

(ii) Plainly marking the ignition switch or control as provided in FMVSS 101.

(b) Battery disconnect. The battery disconnect shall retain the OEM provision to disconnect loads of auxiliary systems from the battery during engine cranking.

(c) Theft protection. When possible, the ignition switch shall retain provisions for theft protection.

(d) Parallel functions. A relocated engine start switch or control shall incorporate or leave intact the following provisions:

(i) Interlock with transmission position so that engine cranking is only possible in “Park” or “Neutral,” and when the unmodified vehicle was so equipped, shifting from neutral or park requires application of the service brake; and

(ii) FMVSS 102, and MIL-STD 1472C, 5.4.1.8, as applicable, shall be met by all relocated ignition/engine start switches separately or combined.

(I) Lights.

(1) Panel and exterior controls.

(a) Extension handle. An add-on extension handle or lever for a light switch may be a clamp-on or bolt-on device, or it may completely replace the OEM light switch knob or lever. This device shall be designed to be operable in the driver’s position.

(b) Relocated controls. Relocated light controls are devices that are suitably designed and that either replace the standard switching system or are wired in parallel with it. Although panel lights and exterior lights are generally on the same switch assembly, these functions may be separate switches if relocated. Exterior light (that is, parking/running lights, marker lights, tail lights, license plate lights, and headlights) shall be controlled by a single switch assembly having three positions; one position turns “on” all exterior lights, except for headlights; one position turns “on” all exterior lights including headlights; and the third position is “off.” If panel light brightness control was part of the OEM design of the panel lighting circuit, provision for adjusting brightness of the panel lights shall be incorporated into the design of relocated light control.

(c) Electronic controls. Any adaptive light control system that incorporates electronic circuits (including integrated circuits or computers) that intervene between the control interface with the driver and the lighting system shall meet all of the requirements of paragraph (I)(1)(b) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(2) Headlight beam selector. This device is often referred to as a “dimmer switch,” and is designed to accomplish the function of selecting the upper and the lower beam headlights while the vehicle is in motion.

(a) Extension or relocation. Extension levers, handles, and relocated beam selectors shall meet the standard of the VA (VAPC-A-7505-8 dated March 31, 1978 or as subsequently revised as of date of purchase), as applicable. Relocated beam selectors shall retain or substitute an equivalent high beam indicator which shall indicate to the driver when he or she has selected the high beam headlights.

(b) Electronic headlight beam selector. Any adaptive light control system for headlight beam selection that incorporates electronic circuits (including integrated circuits or computers) that intervene between the control interface with the driver and the lighting system shall meet all of the requirements of paragraph (I)(2)(a) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(J) Seats. Seat requirements in this paragraph are limited to vehicle seats which are provided as replacements or supplements to OEM seats, and are specifically designed for automotive installation. The category of “seat” specifically excludes wheelchairs, whether occupied or not. Seats include special adaptive seat assemblies that move a driver from a wheelchair transfer position to a position behind the controls or to a position as a passenger.

(1) Performance requirements. Vehicle seats that replace or supplement OEM seats in a vehicle shall be specifically designed for automotive use, and further shall meet the requirements of FMVSS 207 “Seating Systems” as applicable. Seats shall also meet FMVSS 302 “Flammability of Interior Materials.” Seats shall either incorporate OEM restraint devices, or provisions shall be made for installation of restraint devices. All restraint devices shall meet the requirements of FMVSS 208 “Occupant Crash Protection.”

(2) Any cable, wire bundle, or other connective device associated with a vehicle seat shall be designed to remain clear of pinch points, abrasion, or other damage and to remain connected throughout the range of movement of the seat.

(K) Power transfer seat bases. A power transfer seat base, other than an OEM power seat base, is installed for adaptive reasons in a vehicle. The powered transfer seat base typically provides longer travel, up/down motion, and ninety degree rotation.

(1) Performance requirements. The powered seat controls shall be permanently labeled with seat movement icons. Direction of movement of the powered seat controls shall be consistent with the direction of the chair occupant’s position, as provided in MIL-STD 1472C.

(2) Controls. Controls for the power seat base shall be operable by the seated occupant at any point during the transfer cycle to and from the power seat. All wires shall be protected against entanglement, possible disengagement, breakage, and stretching when the seat moves in any direction.

(3) Mounting. The power seat base and the seat itself shall be mounted and secured with automotive type bolts of OEM grade or equivalent. If the seat base is not bolted through into a cross member of the vehicle, a steel backing plate of at least fourteen-gauge steel shall be used.

(4) Attachment. The standard OEM seat belt arrangement shall be reattached to the vehicle. When a powered transfer seat base is used, a wheelchair tie-down shall be used to secure the wheelchair in the transfer position.

(5) Testing. The seat base must be tested to certify compliance to FMVSS 207 and 210.

(L) Seat adjustment. Adaptive devices for seat adjustment range from simple add-to existing manual releases on vehicle seats to relocated control panels for power seats. These devices have the common purpose of bringing seat adjustment controls within reach of the driver and suitable for the direction and level of strength that he or she may have.

(1) Manual extension levers. An add-on extension handle or grip to release a seat for manual adjustment may be a clamp-on or bolt-on device, or may be permanently attached to the OEM lever. The device shall be designed so that it does not interfere with either primary or secondary control functions, and does not present a hazard to vehicle occupants in the event of a collision.

(2) Power adjustment. A power seat control may be an OEM power seat control panel which is placed in a more accessible location, or the panel may be designed to control a special adaptive seat. The panel shall be designed and installed in such a manner that it does not interfere with operation of either the primary or secondary controls and that the probability of inadvertent operation of the seat is prevented when the vehicle is in motion. In the case of a powered seat which facilitates transfer of the driver from a wheelchair to the driver position, a control panel shall be located at the point of transfer and also accessible to the driver when he or she is in the driver position. The control panel shall not be placed in a location where the user can catch his/her fingers in the seat mechanisms while in operation.

(M) Power windows. Power windows, for after-market adaptation of vehicles, are devices which are sold by accessory manufacturers to replace manual window cranks. Conformance to FMVSS 118 shall be required. The standards in this section do not apply to power window units which are manufactured by or for the vehicle maker for installation as a factory or dealer option, and which are retrofitted by a retail dealer; however, this exemption applies only if the unit is installed as designed by the vehicle manufacturer and controls are in the locations originally designed by the vehicle manufacturer.

(1) Switch design shall be tailored to the driver’s degree of dexterity.

(2) When two switches are required, the switch layout shall be arranged so that there are two switches for each position, one for raising the window and another for lowering it. The switch for raising shall be forward of or above the switch for lowering.

(N) Heating, ventilation, and air conditioning (HVAC) controls. This class of secondary controls refers to adaptive equipment to permit operation of selected functions or all functions built into a vehicle HVAC system. Nothing in this paragraph shall be construed to require any vehicle to be equipped with any HVAC system or part thereof.

(1) Extension handles. If an add-on extension or replacement handle to any control on the HVAC panel is installed, it shall be installed to render that control accessible to a driver in the driving position. Any extension handle shall be securely fastened or clamped, and shall be designed and installed so as to not interfere with the operation of primary adaptive controls. If such an extension or set of extensions are installed, provisions should be made to operate the functions in the following order of priority:

(a) Defrost.

(b) Fan.

(c) Temperature.

(d) Heat, air.

(e) Vent (outside air).

(f) Other functions.

(2) Relocated controls. Relocated HVAC controls are devices suitably designed to either replace the standard HVAC control panel or are wired/connected in parallel with it. The priorities of relocation of functions are the same as in paragraph (N)(1) of this rule. Movement of relocated controls shall follow either the movements of the original panel or be designed in accordance with SAE J1139. If a function is relocated to a secondary control panel, all states of operation that were originally controlled should be available in the relocated control, for example, if three fan speeds were available on the original control panel, three speeds should be selectable on the relocated panel.

(3) Electronic controls. Any adaptive control for HVAC functions which incorporates electronic circuits (including integrated circuit processors or computer) that intervene between the control interface with the driver and HVAC control circuit or device shall meet all the requirements of paragraph (N)(2) of this rule, and shall also be evaluated on a case-by-case basis by RSC.

(O) Door locks. Locks as secondary controls include extensions or modifications to the manual door locks to make them accessible and controllable from the driver’s position, and controls for operating power door locks.

(1) Manual extensions. An add-on extension to the OEM manual door lock handle may be a clamp-on or bolt-on device, or this extension may be a replacement for the OEM handle to make it more accessible or easier to operate by the driver in the driver’s position.

(2) Relocated, power. A relocated power door lock control is a device which either replaces the standard switching system for operating either all the door locks or any particular door lock or is wired in parallel with it. Power door lock controls shall move in the following directions to raise the door lock button, depending on placement:

(a) Horizontal placement of switch. The switch shall move toward front of vehicle.

(b) Placement on door panel. The switch shall move upwards.

(c) Engaging of door lock shall be accomplished in all cases above by a control movement in the opposite direction.

(d) Switch design shall be tailored to the driver’s degree of dexterity. If push buttons or contact switches are used in order to adapt to the driver, arrangements shall be as specified above. When two switches are required the switches shall be arranged in a logical pattern. One switch shall raise the door lock, the other shall lower it. The switch for raising shall be forward of or above the switch for lowering in all locations specified above.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002

(A) Wheelchair lifts. Automatic and semi-automatic wheelchair lifts include a variety of electric powered, mechanical, and hydraulic systems used to raise or lower a person in a wheelchair from one level to another.

(1) Automatic. This paragraph is limited to power lift systems manufactured for use by persons with disabilities and retrofitted in vehicles (for example, vans). An automatic wheelchair lift permits independent entry into a van for a person who remains in a wheelchair. RSC shall purchase only those wheelchair lifts that have been accepted by the VA and which do not reduce the ground clearance of the standard (unmodified) vehicle.

(2) Semi-automatic. A semi-automatic lift is designed to be operated by a person other than the individual being raised or lowered by the lift, for example, an attendant, and is not suitable for drivers who can otherwise drive a vehicle without an attendant. This paragraph is limited to power lift systems manufactured for use by persons with disabilities and retrofitted in vehicles, and which must be operated by an attendant. Semi-automatic wheelchair lifts shall meet applicable sections of the standards of the VA in VAPC-A-7708-3, that is, all requirements except: (a) powered by dual battery system, (b) location of external lift controls, and (c) controls standard.

(B) Seat lifts. Seat lift systems include a variety of devices that assist an individual into or out of a vehicle seat. Seat lift systems can be powered or manual in operation.

(1) Performance requirements. All powered systems shall be independently operable by the user. Powered seat lift controls shall be permanently labeled with movement icons consistent with the provisions of MIL-STD 1472C.

(2) Wiring. All wires shall be protected against entanglement, possible disengagement, breakage, and stretching during seat lift movement in any direction.

(3) Capacity. Seat lift capacity shall be stated by the manufacturer.

(4) Installation. Installation shall not interfere with driving functions.

(C) Exterior mounted entry switching. Exterior mounted entry switching is any electrical control device mounted on the exterior of a vehicle which is designed to operate adaptive or other equipment by an operator with a disability, such as: door open/close, unfold/closing of the lift platform, and up/down operation of the lift platform.

(1) Exterior mounted entry switching performance requirements.

(a) If a lockbox is used, it shall:

(i) Be constructed of fiberglass, aluminum, stainless steel, or other noncorrosive material and be attached with noncorrosive fasteners;

(ii) Have an enclosed back; and

(iii) Be located so that opened vehicle doors do not interfere with the consumer’s access to the switches.

(b) Controls shall possess a water-tight seal to prevent moisture from penetrating below the control panel. The door of the control box shall have a weather seal to exclude any rain or moisture. The control box shall have a lock which can be operated by an individual with limited finger dexterity.

(c) Exterior control boxes that do not conform to this general performance guideline may be accepted if they are listed as an option on the original proposal and/or authorized by RSC.

(2) Alternative controls. Magnetic or other alternative exterior controls may be used if required because of the consumer’s disability.

(D) Powered door operators. Powered door operators are any powered device which will open and close vehicle doors to enable access to the vehicle. Exterior controls for powered door operators shall meet standards in paragraphs (B) to (B)(2) of this rule. Powered door operators shall close the doors in four to ten seconds and shall meet the following additional specifications:

(1) Complete closing. Door operators shall permit complete closing of the door so the doors fit within the vehicle body in the full-powered, closed position at least equivalent to the manufacturer’s original installations.

(2) Door latching. OEM door latches must be retained except as indicated in the exemption provided in FMVSS 206.S4(c) as follows: “doors that are equipped with the wheelchair lifts and that are linked to an alarm system consisting of either a flashing visible signal located in the driver’s compartment or an alarm audible to the driver that is activated when the door is open, need not conform to this standard.”

(3) Emergency exit. Door operators shall have an interior, emergency, quick-release manual mechanism that shall permit the opening of the doors to ensure the consumer’s exit if power fails.

(4) Lift-door operation. Door operators shall be designed and installed so that the doors can close only when the lift is fully folded.

(5) Automatic lighting. Automatic lighting shall be installed in conjunction with automatic power doors to illuminate the lowest lift platform position when the automatic doors are opened. Automatic interior lights shall go on when the door is opened and shut off when the door is closed.

(E) Ramps. Ramps permit an occupant in a wheelchair to roll or be pushed into and out of a vehicle. These devices may be permanently installed in the sill of a vehicle door or on it, or they may be detachable and stored at some location in the vehicle or on it when the ramps are not in use. Ramps may be mechanically deployed or may be placed in position by an attendant. Tracks or channels that perform the function of a ramp are included.

(1) Any ramp shall incorporate rails to prevent the wheelchair from rolling or falling off the side of the ramp. These rails shall be three inches high measured from the upper surface of the ramp.

(2) The ramp surface shall be finished or covered with a nonskid surface material.

(3) The ramp shall support a total weight of six hundred twenty pounds without permanent deformation.

(F) Steps. Steps are either folding or fixed to be used by ambulatory persons to gain access to a vehicle or exit from it. OEM steps or running boards are excluded from the provision of this paragraph. Steps shall have a nonskid surface. They will be affixed to the vehicle in a manner sufficient to sustain the weight of the intended user without permanent deformation or separation from the vehicle. Steps shall conform to the Ohio Revised Code “Ohio motor vehicle laws” in reference to the maximum width of a vehicle.

(G) Assist handles. Assist handles are hand grips provided for the purpose of transferring from one location to another during entering or leaving a vehicle, moving around inside a vehicle, or other similar maneuvers. OEM assist handles are excluded from consideration under this paragraph. Handle dimensions shall afford a grip clearance of at least one and seven-eighths inches by four and three-eights inches (inside dimensions) with at least a one inch diameter grip. Covers of handles shall be rounded and shall be padded to prevent injury. The grip surface shall be covered or equipped with a soft rubber material to afford maximum hand grip. Handles shall be installed so that they can support the load to be applied by the intended user without permanent deformation or separation from the vehicle.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002

Wheelchair/scooter handling devices are devices for retaining a wheelchair/scooter on a vehicle, or in it. 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.

(A) Carriers. Wheelchair/scooter carriers include any mechanism for loading or unloading a wheelchair/scooter into and out of a closed container specially designed for the purpose and permanently mounted on the vehicle. Carriers mounted on the vehicle bumper or a towing hitch shall not be approved.

(1) Performance requirements. Carriers shall incorporate an enclosure or cover to protect the wheelchair/scooter 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. Any car top carrier that exceeds the overall vehicle length and/or width dimensions may be approved on a case-by-case basis by RSC.

(a) The wheelchair/scooter 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/scooter user to sharp edges or abraison during any point in the operation of wheelchair/scooter containment.

(c) Hooks or other devices for retaining the chair during loading or unloading shall incorporate provisions for avoiding accidental release.

(d) Wheelchair/scooter containers or covers shall be designed to fulfill their function without damage to the chair through excessive contact, sharp edges, vibration damage, moisture, or deformation of the chair.

(e) Wheelchair/scooter containers or covers shall be designed so that in case of mechanical or electrical failure a manual override is available to allow the wheelchair/scooter to be removed from the device.

(2) Installation. The carrier with intended wheelchair/scooter 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 (B) to (B)(2) of rule 3304-6-07 of the Administrative Code, as applicable. Wheelchair/scooter carrier controls shall be located so as to allow the wheelchair user to operate the carrier unassisted during all phases of the loading, stowing, and unloading operation.

(3) Inspection. Before a carrier can be funded by RSC, the consumer’s vehicle must be inspected as required by rule 3304-6-04(J) of the Administrative Code.

(B) 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 the bed of a pickup which does not fit the description of a wheelchair lift or a wheelchair/scooter carrier. These devices pull a chair 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. Wheelchair/scooter hoists mounted on the vehicle bumper or a towing hitch shall not be approved.

(1) Performance requirements. Hoist devices may be levers, arms, or may incorporate cables and chains. Such 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 chair during loading or unloading shall incorporate provision 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) Installation. 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) 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) Inspection. Before a hoist can be funded by RSC, the consumer’s vehicle must be inspected as required by rule 3304-6-04(J) of the Administrative Code.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002

(A) Restraints for driver/passenger not seated in a wheelchair.

(1) Performance requirements. Passenger and driver restraints installed as part of an adaptive equipment modification to a vehicle shall meet the requirements of FMVSS 209 “Seat Belt Assemblies” and FMVSS 210 “Seat Belt Assembly Anchorages,” as applicable to the design of the belt system that is installed and shall be installed in the manner prescribed by the system’s manufacturer. Restraints shall meet these design and installation requirements regardless of the design of the seat or other accommodation that may be provided for the driver or passenger. Passenger- and driver-restraint systems installed as a part of an adaptive modification to a vehicle shall provide an upper torso restraint through the use of a shoulder belt or harness regardless of the riding position in the vehicle. The upper torso restraint anchorage points shall meet the design requirements of SAE J388 “Motor Seat Belt Anchorages.” Chest straps or other devices to be used in conjunction with a shoulder belt shall be provided if necessary for the consumer’s upper torso stability. All passenger-and driver-restraint systems modifications shall be situated so that the person with a disability is facing forwards.

(2) Usability by driver. Driver restraints installed as part of an adaptive equipment modification to a vehicle shall be suitable for independent operation by the driver for whom it is supplied.

(B) Restraints for driver/passenger seated in a wheelchair. The wheelchair tie-down and occupant-restraint system (WTORS) intended for use by the person seated in a wheelchair includes a system or device for wheelchair tie-down as well as a separate and complimentary system for occupant restraint.

(1) Performance requirements. WTORS shall meet the following specifications:

(a) Attachment to the vehicle. WTORS shall be installed according to the manufacturer’s instructions, and shall be through-bolted with minimum grade 5 bolts into a structural member or sheet metal of at least sixteen-gauge that has been through-bolted or welded to the remainder of the body.

(b) Manufacturer’s requirements. The manufacturer of the WTORS to be installed shall certify that the system meets the following requirements:

(i) For use in conjunction with a safety belt system, the system shall keep the wheelchair and occupant securely restrained in a thirty mile per hour frontal collision into an immovable barrier. The deceleration level at the floor of the vehicle during the collision shall be defined as twenty G’s (G=32.2 feet/secondý). The manufacturer shall provide documentation that the tie-down meets this criteria when fully tested dynamically and under identical conditions on an impact sled simulator equal to the sled facility at the highway safety research institute, university of Michigan.

(ii) The system shall not be attached to van doors and shall not depend on friction.

(iii) The system shall not be attached to the wheels of the wheelchair.

(iv) The system shall not be attached to any wheelchair part that is designed for easy removal, for example, footrests or armrests.

(v) The system shall allow the consumer, when he or she is the driver, to independently maneuver the wheelchair into and out of the driving position and to independently engage the tie-down, and chest straps or other devices necessary for upper torso stability.

(vi) The power-operated wheelchair tie-down shall be wired so that the release of the tie-down can only be affected when the ignition switch is off or so that an audible alarm sounds whenever the ignition is turned on and the wheelchair is not engaged in the lockdown mechanism.

(2) Innovative designs. RSC recognizes that innovative designs for wheelchair tie-down and occupant-restraint systems may use approaches not envisioned under the requirements of this rule, and thus the criteria identified in paragraphs (B) to (B)(1)(b)(iv) of this rule may not be applicable in part or as a whole. The burden of proof is upon the manufacturer or supplier of such a restraint system based on engineering analysis and test results, that the intent of this rule has been satisfied.

(C) Unoccupied wheelchair/scooter restraints. Wheelchair/scooter restraints for securing a wheelchair/scooter after its user has transferred into a vehicle seat include devices for retention of a folded wheelchair as well as devices for retention of a wheelchair in its unfolded state. Vehicles equipped with transfer seats shall have restraints to secure the unoccupied wheelchair/scooter and shall be placed in such a position to allow the consumer to transfer satisfactorily. Such restraints need not meet the criteria described in paragraphs (B) to (B)(1)(b)(iv) of this rule.

(D) Inflatable restraint system. The inflatable restraint system consists of sensor(s), diagnostics, inflator(s), and module(s) which inflate a bag in certain vehicle crashes to assist the occupant(s) from impacting the interior portion of the vehicle. In some cases, it is necessary to remove the steering column in order to place the consumer in the best position to operate the types of steering controls covered in rule 3304-6-13 of the Administrative Code. In other cases, where air bag on-off switches do not exist, drivers using adaptive devices may not be able to be positioned far enough away from the air bag to avoid injury. In such cases, NHTSA has granted permission in the federal regulations at 49 C.F.R. 598 for permanent deactivation of the air bag. However, when additional vehicle modifications due to disability are not required. NHTSA does not grant permission for air bag deactivation under the exemption to the make inoperative prohibition. In these situations, the consumer must complete a request for removal of an air bag form, and submit for approval to NHTSA (or comply with current NHTSA regulations regarding air bag removal/deactivation). Once such a waiver is obtained from NHTSA, copies shall be kept by the retail dealer and the consumer. If removal of the steering column is not implicit in the vehicle modification prescription, and the evaluation does not explicitly indicate the need for permanent air bag deactivation due to positioning, then removal/deactivation of an air bag is strictly the prerogative and responsibility of the consumer, to be pursued by the consumer through the procedures made available by NHTSA. 3304-6-09 Date

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002

(A) Wheelchair flooring. Wheelchair flooring is a covering on the floor of the vehicle which promotes ease of use and safety in mobility of a wheelchair user.

(1) Performance requirements.

(a) On ribbed vehicle floors, wheelchair flooring shall be constructed either of exterior grade or better plywood with a minimum thickness of three-eighths inch or of sheet steel at least twenty gauge. On flat floors, wheelchair flooring shall be constructed either of exterior grade or better plywood with a minimum thickness of one-fourth inch or of sheet steel at least twenty-four gauge. Other materials may be acceptable as equivalent in structure to plywood or sheet steel, but their use shall be reviewed and approved by RSC. Wheelchair flooring shall not perceptively sag under load into depressions in the vehicle floor.

(b) Floor covering. The floor covering shall be commercial-grade carpet, indoor/outdoor carpet, or nonskid material such as RCA rubber. Carpet shall be unpadded, low-pile, fire-resistant, and attached all across the floor, not by perimeter tack strips.

(2) Installation. Installation of wheelchair flooring shall be designed to be permanent. The method of fastening may be bolts, rivets, spot welding, bonding, or other methods. However as part of the final inspection, RSC may partially remove the flooring in order to verify compliance to this rule. If the work was performed according to specifications and RSC removed it for inspection, RSC will pay for reinstallation of the flooring. If RSC removes the flooring and the work was not performed according to specifications, the vendor shall absorb the cost of reinstallation.

(B) Dropped floor. A dropped floor is a recessed area which allows a wheelchair to be lower relative to the windows than is possible without the dropped floor. This lowering is necessary to achieve a safe eye-height for a driver who is driving from a wheelchair. Dropped floors are considered radical modifications and as such should be used only in cases where the driver is unable to transfer from a wheelchair into a suitable driver’s seat. In passenger applications, dropped floors should be considered only as an exception when a less radical raised-top modification can not assist in obtaining sufficient head height clearance for the passenger in a wheelchair.

(1) Performance requirements. When a dropped floor is necessary on a full-size van, it shall be done only on vehicles with an independent frame. No part of the body shall be attached to the frame except in a manner consistent with the concept and design of the original attachment; the longitudinal frame member shall not be modified. There shall be no frame cutting or drilling of holes in the frame and no body-to-frame welding.

(2) Additional requirements. All requirements described in paragraphs (A) to (A)(2) of this rule shall apply to a dropped floor.

(3) Material. A dropped floor shall be a minimum of eleven-gauge fabricated steel.

(4) Heat shielding. A dropped floor shall have heat shielding over the catalytic converter, exhaust pipe, and the muffler to prevent transmission of excess heat to the floor.

(5) Drop area. The portion of the floor to be dropped shall be determined by the consumer’s needs for safe and convenient entry and exit, and by the consumer’s intended use for the vehicle (that is, whether the consumer will be the driver or a passenger).

(6) Seams. All seams shall be waterproof and treated to prevent corrosion through application of a suitable sealant, primer, and paint. An automotive grade undercoating shall be applied to the exterior surfaces of the dropped floor. Installation shall not leave gaps or holes of any kind between the original floor and the dropped floor.

(7) Engine cover notch. Any engine cover notch shall be sealed to prevent exhaust fumes from entering the van and shall be sufficient for footrest clearance.

(8) Wheel well notch. Notched fender wells for wheelchair footrests shall not restrict the travel of the vehicle’s wheel in any position.

(9) Removable driver’s seat. A quick release removable seat base shall be provided in all vans configured so that an individual can drive from a wheelchair.

(C) Raised body. If the body is raised to gain additional space that the consumer needs, the following specifications shall be met:

(1) Additional body supports, if required, shall be solid steel or other material with comparable characteristics, and no less in diameter than the existing base of the body mount. Any replacement bolts shall be minimum grade 8. Body supports shall be equal in number to the OEM. Locations must be in accordance with the applicable NMEDA lowered floor guidelines manual.

(2) For the radiator and fan shroud to remain in the same relationship to the engine as before modification, both shall be remounted to the vehicle body in a manner that retains the original fan-to-radiator relationship.

(3) To retain the steering column’s original angle, the original entry hole shall be enlarged. If the existing rubber boot or seal will not cover the new opening, it shall be replaced with another boot or with a sheet metal plate conforming to the shape of the column. The plate shall be fastened to the fire wall above the entry point to cover the new opening. The entry point shall be sealed with a flexible sealant to assure that the juncture is watertight.

(D) Raised roofs. Raised roofs are structural modifications to any vehicle that substitutes an after-market roof for the original roof of the vehicle. The after-market roof is installed to increase vertical clearance inside the vehicle to facilitate entering, exiting, and maneuvering inside the vehicle.

(1) Performance requirements. Raised roofs shall be constructed of durable materials, suitably finished to resist the effects of sunlight, moisture, snow, ice, and temperature extremes. Any fixtures mounted in a roof such as windows, ventilators, antennas, etc. shall be designed to be air-and-moisture leak resistant. The exterior of the raised roof shall be painted to match the body color of the van to which it is affixed. The roof interior shall be trimmed in a material and color to harmonize with the vehicle’s interior.

(2) The principal objective of paragraphs (D) to (D)(2)(c) of this rule is to prevent any unreasonable compromise to vehicle structural integrity presented by removal of the original sheet metal roof and reinforcing members and by substituting a raised roof. Thus, any raised roof conversion shall be provided with suitable reinforcement members. These members connect the sides of the vehicle body and preserve interior space in the event of a major collision or rollover. The raised roof shall meet the following specifications:

(a) Structural reinforcement. Any van that has had the factory top removed shall have structural reinforcement added to restore rigidity to the van body. When possible, enough of the original roof shall be retained so that the original front roof support remains in place. The structural reinforcement shall be composed as follows:

(i) If the original front roof support remains in place, three cross-members shall be perpendicular to the sides of the van with one bar in front of the side doors, one to the rear of the side doors, and one in the rear of the van. If the original front roof support is removed, roof reinforcement must be done exactly as described in the NMEDA raised roof and doors guidelines with a total of five cross-members.

(ii) The cross-members shall be connected by three equally spaced bars (longitudinal members) running parallel to the sides of the van at the new roof line.

(iii) All bars shall be one-inch by two inch minimum one-eighth inch steel tubing, and shall be spaced to prevent slap against the top.

(iv) The bars shall be welded together and welded to a one-and-one-half inch by one-and-one-half inch eleven-gauge steel header installed along the top interior sides of the van to which reinforcement is attached.

(v) The horizontal bars shall be gussetted to the side header to prevent front or rear shearing in rollover.

(b) Water leaks. Neither water leaks under water hose pressure nor water collection points that could develop leaks shall be acceptable.

(c) Height. The height of the roof shall be determined by the consumer’s needs for safe and convenient entry and exit. RSC shall not purchase a raised roof or reinforcement if the only reason for the increased height is to accommodate the addition of carpeting or padding. Further, RSC shall not purchase a roof with vents or windows unless it costs the same or less than a ventless/windowless roof of comparable height. A label identifying the maximum exterior height shall be prominently displayed within the driver’s view.

(E) Modified doors. Any alteration to the OEM vehicle doors that necessitates changes to the door frame constitutes a modified door. These modifications may be accomplished to increase entry height or width to accommodate a raised roof or wheelchair lift installation, or for other special needs.

(1) Performance requirements. Extensions to doors to make them taller or wider shall be accomplished in such a manner as to preserve the original door strength and rigidity. Corresponding alterations to door pillars and frames shall also preserve the structural integrity of the original body member. Raised entry doors and door frames shall meet the following specifications:

(a) Bracing. Extended doors and door frames shall be braced in a manner consistent in strength to the original door and door frame.

(b) Moisture seal. Completed doors shall include rubber molding and shall be moisture-sealed to prevent moisture or water entry in the full-powered closed position so that the seal is at least equivalent to the manufacturer’s original installation.

(c) Latching. When extended doors are not power-operated, all OEM latches shall remain functional.

(2) Finish standards. All body work shall be primed and painted in accordance with accepted standards of automotive practice, and shall be comparable to the original fit and finish. Trim of the interior of the modified door shall be comparable to the original trim of the door. Door modifications shall be free of exposed burrs or sharp metal edges.

(F) Bumper height. The bumper height shall not be altered from the original height.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002

(A) Auxiliary fuel tank. RSC shall pay for removing, but not for relocating, an auxiliary fuel tank only when it is necessary to accommodate a dropped floor.

(B) Replacement fuel tanks. RSC will pay for removal of the OEM midship fuel tank only when it is necessary in order to achieve a dropped floor. RSC will approve the installation of a fuel delivery system only when it is compatible with the OEM’s design specification, meets all applicable FMVSS, and is approved by the OEM and/or RSC. If an OEM approved product exists for a particular application, it shall be used in lieu of any other product.

(C) Fuel filler. If the fuel filler is relocated to the rear quarter, it shall have a cover/door to emulate the OEM appearance.

R.C. 119.032 review dates: 05/24/2007 and 05/24/2012

Promulgated Under: 119.03

Statutory Authority: 3304.16(A)

Rule Amplifies: 3304.16(H)

Prior Effective Dates: 05/10/1995, 08/02/1999, 06/03/2002

(A) Battery and charging system. Any vehicle modification which adds electrically powered equipment not originally designed for that vehicle creates a load on the battery and charging system which may compromise vehicle reliability.

(1) Performance requirements. Any vehicle modification which results in a driver or passenger being dependent upon vehicle battery power for entry to and from the vehicle, shall include a voltmeter to display battery status to the driver to permit him or her to make an informed decision as to whether to continue the trip or exit the vehicle. If any adaptive equipment requires more than one hundred amperes of current to operate under any environmental conditions likely to be encountered in service, then an auxiliary battery to power this equipment and any associated equipment shall be required as indicated by the manufacturer.

(2) Auxiliary batteries. If a second battery is installed, the two batteries shall be electrically separated by a one-hundred twenty-amp diode isolator or, if required by manufacturer, shall be installed according to the manufacturer’s specifications.

(3) Battery installation. The preferred location of the auxiliary battery is under the hood. If lack of space prevents this installation, the battery shall be placed under the floor in a suitable battery carrier. When ground clearance precludes the under floor location, the auxiliary battery may be placed in the passenger compartment but only in an enclosure designed for this purpose that is vented to the outside and totally sealed from the passenger compartment. Any auxiliary battery installation shall be accessible for inspection and maintenance without the removal of major vehicle components, the use of special tools, or the necessity to raise the vehicle.

(B) Other electrical modifications. Other modifications or additions to the vehicle’s electrical system or devices powered by the vehicle’s electrical system not covered by paragraph (E) of rule 3304-6-04 o