3304-6-14 Used vehicles and transferred equipment.

[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.]

This rule shall pertain to the modification of used vehicles and the transfer of used equipment previously paid for with OOD funds.

(A) Used vehicles. When OOD is paying either wholly or in part for modifications to a used vehicle, one of the following requirements shall apply:

(1) For any vehicle in which the only modification is installing standard manual (mechanical) hand/foot controls or revising existing manual (mechanical) hand/foot controls, left foot accelerator, wheelchair hoists, and wheelchair carriers there shall be no age or mileage limitations.

(2) Other modifications.

(a) For vehicles not covered under a manufacturer's warranty, OOD may authorize modifications on unmodified vehicles and additional modifications for previously modified vehicles after receipt of a written inspection report from a certified mechanic verifying that the vehicle is in sound condition or will be after repairs are completed.

(b) When a vehicle is older than seven years or has more than seventy thousand miles on the odometer, OOD may authorize modifications on unmodified vehicles and additional modifications for previously modified vehicles when the previous and new modifications are relatively minor and the vehicle is in excellent condition, as inspected and reported by a certified mechanic. The following modifications are considered to be relatively minor:

(i) Those items covered in paragraph (A)(1) of this rule (manual hand/foot controls), spinner knobs, and simple extension modifications of secondary controls described in rule 3304-6-06 of the Administrative Code including shift lever, park brake, turn signals, hazard lights, washer/wiper, ignition, lights, dimmer, seat adjustment, HVAC controls, and door locks.

(ii) Pedal extensions, left-foot accelerators, mirrors, and remote switches.

(iii) Other similar items will be considered by OOD on a case-by-case basis.

(iv) Unoccupied wheelchair/scooter handling devices, as defined in rule 3304-6-08 of the Administrative Code, the installation of which are subject to prior vehicle inspection as required by paragraph (K) of rule 3304-6-04 of the Administrative Code.

(c) When a vehicle has been previously modified, OOD may authorize additional modifications when all aspects of both the previous and new modifications can be brought into compliance with rules 3304-6-01 to 3304-6-15 of the Administrative Code. When a previously modified vehicle has a raised roof or lowered floor, it shall be inspected by an OOD representative/designee to verify that it complies with or can be modified to comply with the standards in these rules. All other adaptive equipment on a used vehicle purchased by a consumer that is not in compliance with these standards shall be removed and replaced with new adaptive equipment as specified in the evaluation.

(3) Used lowered-floor minivans (L-FMs). OOD may authorize modifications to L-FMs in accordance with paragraphs (A)(1) and (A)(2) of this rule provided that, when the L-FM was converted, it was in accordance with the requirements of rule 3304-6-15 of the Administrative Code, and that no structural changes have subsequently been made that would render the L-FM non-compliant with rule 3304-6-15 of the Administrative Code.

(B) Transferred equipment. When a consumer purchases a replacement vehicle and needs to have equipment that was previously purchased with OOD funds removed, adjusted, lubricated, and re-installed in the replacement vehicle, the following requirements shall apply:

(1) The primary controls, except for low effort and maximum effort steering modification, will be considered acceptable for transfer by a retail dealer who is qualified to install the equivalent new equipment if the controls are visually and functionally inspected by an OOD representative/designee and found to be satisfactory.

(2) An assessment of the subsystem, which may require disassembly, shall be done on each of the following subsystems to determine if it is in a satisfactory state of repair or condition to be reinstalled into a vehicle for further prolonged use:

(a) Secondary controls.

(b) Access devices.

(c) Wheelchair/scooter handling devices.

(d) Occupant protection and restraint systems; inflatable restraint systems shall not be transferred.

(e) High tech integrated driving systems.

(3) The following shall not be transferred:

(a) Structural modifications.

(b) Fuel delivery system modifications.

(c) Electrical modifications.

(4) The transfer of the modifications from the old vehicle to the replacement vehicle shall be considered a new modification with respect to replacement even though the equipment that is installed on the replacement vehicle was previously purchased with OOD funds.

(C) Purchase of used equipment. OOD shall not purchase used adaptive driving equipment.

Effective: 09/08/2014
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: 05/10/1995, 08/02/1999, 06/03/2002, 08/04/2008