[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Incorporation by Reference" section at the end of rule 3304-6-01 of the Administrative Code.]
(A) 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 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. 571 to include the following: 102 to 106, 110, 111, 113, 116, 124, 129, 205, 206, 209, 210, 212, 213, 216, 220, 301 to 303 and shall be compliant with FMVSS 403 and 404.
(2) Installation and/or modifications may make safety features inoperative only as indicated in the federal regulations in sections of 49 C.F.R. 595 listed in this paragraph 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 (S22.214.171.124 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 when the original key-locking system must be modified);
(d) 118 Power-operated window, partition, and roof panel systems (S4(a) 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 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; all S6 in cases in which the disability necessitates raising the roof or door or lowering the floor of the vehicle;
(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) 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 when the modification requires a structural change to or removal of the original steering shaft, and S5.2 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 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 (S126.96.36.199(a)(1), S188.8.131.52(a)(3), S184.108.40.206, S5, S7.1, S7.2, S7.4, and S14 to S27 when type 2 or type 2A seat belts meeting the requirements of FMVSS 209 and 210 are installed in the affected seating position);
(l) 214 Side impact protection (S5 when the affected seating and/or restraint system must be modified to accommodate a person with a disability);
(m) 225 Child restraint anchorage systems when the vehicle contains at least one tether anchorage. If no anchorage remains, the anchorage shall be installed to comply with 49 C.F.R. 571.225, S 6, S 7, and S 8.
(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 QAP unless use of the NMEDA QAP has been discontinued by OOD.
(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 to 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 and safety of operation. OOD may require an adaptive device or modification to be submitted for testing and evaluation by an agency acceptable to OOD before the adaptive device or modification is approved for purchase by OOD. 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.
(1) 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.
(2) Any electronic device shall be certified by the manufacturer to have passed the applicable environmental tests specified in SAE J1211 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, for 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. Size of the lettering on the labels shall comply with MIL-STD 1472F, human engineering design criteria for military systems, equipment and facilities. Under nighttime levels of illumination, certain labels on the dash panel are required to be illuminated as in FMVSS 101, controls and displays. 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, 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. The automotive operational environment and test criteria is defined in SAE J1211.
(1) Selection and installation of hydraulic hose shall conform to the general guidelines of SAE J1273.
(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) The hydraulic system shall be subject to an integrity inspection. Adaptive equipment using hydraulic components shall meet minimum external leakage as defined in SAE J1176 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.
(2) Vacuum hoses and associated fittings shall meet the requirements of SAE J1403. Vacuum hoses connected to adaptive equipment shall be secured by suitable hose clamps.
(3) 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 OOD, shall perform all vehicle modification inspections.
(1) OOD, with the assistance of the consultant, shall determine the number of inspections and the time when each inspection is needed. OOD shall advise the retail dealer of the required number of inspections in the final award notice.
(a) The minimum number of inspections is one 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.
(b) When modifications are made to the roof or floor, except those crash-tested in that configuration as governed by paragraph (B)(1) of rule 3304-6-10 and paragraph (E) of rule 3304-6-15 of the Administrative Code, an interim inspection shall be required.
(2) The retail dealer shall contact the vehicle modification inspector to schedule the necessary inspections.
(a) OOD shall deduct the OOD consultant's invoiced fee from the amount OOD 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: the vehicle is not ready for inspection, or the modifications have not been completed in accordance with this chapter.
(b) The retail dealer shall cancel the appointment at least twenty-four hours in advance in order to avoid the deduction.
(K) Inspection of used vehicles prior to conversion. Vehicles shall be inspected by an OOD representative or designee before authorizing a modification for the installation of a wheelchair or scooter handling device. The OOD representative or designee shall inspect the vehicle to insure the structural integrity of the vehicle and to determine that the design of the vehicle is appropriate for installation of the recommended device. Minivans shall be inspected by an inspector hired by OOD prior to conversion to a lowered-floor minivan, pursuant to paragraph (B) of rule 3304-6-15 of the Administrative Code.
(L) Applicability to other rules. Unless otherwise provided with specific specifications therein, the general design standards contained in this rule shall also apply to all modifications covered in rules 3304-6-05 to 3304-6-15 of the Administrative Code.
R.C. 119.032 review dates: 06/23/2014 and 09/08/2019
Promulgated Under: 119.03
Statutory Authority: 3304.15(C)(1)
Rule Amplifies: 3304.15 , 3304.17
Prior Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002, 08/04/2008