Chapter 3304-6 | Vehicle Modification

Rule 3304-6-01 | Definitions.

• Effective: January 15, 2021
• Promulgated Under: 119.03

The following definitions apply to rules 3304-6-01 to 3304-6-03 of the Administrative Code:

(A) "Access Devices" means the equipment or devices used to allow a driver or passenger to access the interior of the vehicle while either in their wheelchair/scooter (e.g. platform lifts), or lifts the individual into the vehicle after transferring out of the wheelchair/scooter.

(B) "Aftermarket" means components used to modify a motor vehicle after the vehicle is purchased from the OEM.

(C) "Alterer" means someone who takes a completed vehicle out of compliance from the OEM and recertifies it for first retail sale.

(D) "Automotive adaptive equipment" means any device, mechanism, or equipment designed to enable an individual with a disability to operate a passenger car.

(E) "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 for 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, or method of processing.

(F) "Certified driver rehabilitation specialist" (CDRS) means an individual who has obtained the necessary knowledge base and experience in the field of driver rehabilitation to successfully acquire and maintain certification.

(G) "Converter" means a company that is engaged in the process of modifying minivans, to lower the originally manufactured floor of the vehicle.

(H) "Driver rehabilitation specialist" (DRS) means a person certified by the association for driver rehabilitation specialists or its equivalent, and supervised by a CDRS, who measures a person's ability to safely operate a vehicle, teaches that individual to operate the equipment, and prescribes or specifies the automotive adaptive equipment necessary to permit an individual with a disability to drive safely and independently.

(I) "High Tech Integrated Driving Systems" means a system of joystick or multi-axis controls that are used to operate primary controls. High tech driving systems may run parallel or replace conventional accelerator, braking, or steering controls.

(J) "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.

(K) "Left foot accelerator" means a device installed in a motor vehicle to the left of the brake pedal that allows the operation of the accelerator pedal by the left foot of the driver.

(L) "Motor Vehicle Modification" means the adaptation made to a passenger vehicle that permits an individual with a disability to access and use the vehicle as either a driver or passenger with an appropriate prescription or specification.

(M) "Manual Hand/Foot Controls" means a device to operate the accelerator and brake pedals by hand or foot.

(N) "Original equipment manufacturer" (OEM) means the original automotive manufacturer producing the vehicle such as Ford, General Motors, and DaimlerChrysler.

(O) "Pedal Extensions" means devices mounted to the brake pedal and/or accelerator pedal for use by a driver of short stature.

(P) "Pedal Guard" means a device installed in a motor vehicle to prevent access to the accelerator pedal and/or brake pedal.

(Q) "Primary controls" means the fundamental controls of the vehicle which are the acceleration, braking, and steering mechanisms.

(R) "Reduced effort steering system" means a steering system modification to the OEM power steering where the effort to steer the vehicle is reduced.

(S) "Reduced effort braking system" means a braking system modification to the OEM power braking where the effort to brake the vehicle is reduced.

(T) "Remote Switches" means the relocation of controls from the OEM location for ease of operation by a driver with a disability.

(U) "Subsystem" means a combination of parts which perform an operational function within a system and is usually a major subdivision of that system.

(V) "Turn Signal Extension" means a device that attaches to the OEM turn signal lever to allow a different location for activation.

(W) "Vehicle Modification Specification or prescription" is the formal recommendation by a CDRS, or DRS that includes specific recommendations for a vehicle modification.

(X) "Wheelchair Carrier" is a device used to transport a wheelchair for an individual. Carriers may include car top carriers as well as utility trailers used solely for the purpose of transporting the wheelchair.

(Y) "Wheelchair/Scooter Handling Device" is a manual or electrical device used to safely load or unload an unoccupied wheelchair or scooter from the vehicle or trailer.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15, 3304.17
Five Year Review Date: 1/15/2026
Prior Effective Dates: 8/4/2008, 9/8/2014

Rule 3304-6-02 | Motor vehicle modifications, scope and limitations.

• Effective: January 15, 2021
• Promulgated Under: 119.03

(A) OOD may purchase automotive adaptive equipment and motor vehicle modifications in whole or in part, for an individual under the following conditions:

(1) Personal transportation is required to meet the job goals specified on the individualized plan for employment as described in Chapter 3304-2 of the Administrative Code;

(2) Other modes of transportation that would enable the individual to effectively meet the vocational goal as stated in the individualized plan for employment, such as public transporation, are not available;

(3) The vehicle is titled to the individual, spouse, parent, or sibling, or legal guardian; and

(4) OOD does not purchase the vehicle in whole or in part.

(B) Modifications excluded from coverage under these rules are the installation of adaptive equipment or modifications to any vehicle not defined as a passenger car in division (E) of section 4501.01 of the Revised Code and repairs to the standard original equipment manufacturer or adaptive equipment.

(C) OOD shall authorize and fund vehicle modifications only on the most cost-effective vehicle necessary for the individual's personal transportation for employment, using the most cost-effective means of modification when the individual complies with the following requirements:

(1) The individual completes a driver evaluation provided by a CDRS or DRS approved by OOD; and

(2) The individual completes driver training prescribed by the CDRS or DRS. Such training shall 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, or equivalent requirements of another state, and who has been approved by OOD; and

(3) The individual obtains a vehicle modification specification or prescription provided by a CDRS or DRS approved by OOD; and

(4) Presents a valid Ohio driver's license with appropriate restrictions as required by section 4507.14 of the Revised Code; and

(5) As it relates to modifications of transport vehicles, i.e., a vehicle for transporting a non-driver individual who uses a wheelchair, the individual participates in a vehicle modification consultation provided by a CDRS or DRS approved by OOD; and

(6) The individual signs a vehicle modification agreement form. The individual shall be solely responsible for providing replacement insurance coverage, any inspections, maintenance, repair, and upkeep to the modificiations as specified in any relevant warranties.

(D) A vehicle modification shall not be performed on a used vehicle or other vehicle than that recommended by a CDRS or DRS, unless:

(1) The individual provides a written inspection report from a certified mechanic verifying the used vehicle is in sound condition or will be after repairs are completed, and any repairs are completed and meet federal motor vehicle safety standards; and

(2) The vehicle can be modified to meet the individual's needs and the individual assumes all costs associated with the modification of the vehicle in excess of the cost of modification of the recommended vehicle, and is acceptable as suitable for a modification by the converter; or

(3) The installation is a minor modification, which includes standard manual hand/foot control, pedal guard, left foot accelerator, mirrors, remote switches, wheelchair/scooter handling device, spinner knob, simple extension modifications of secondary controls that allow an individual to grasp, pull, twist, or activate control functions, wheelchair carriers, pedal extensions, shift levers, park brake, turn signals, hazard lights, washer/wiper, ignition, lights, dimmer, seat adjustment, HVAC controls, and door locks.

(E) An eligible individual shall only receive a replacement vehicle modification provided by OOD after ten years, or after the vehicle accumulates one hundred thousand miles, from the date the retail dealer submits the final invoice for payment to OOD. The replacement modification must be necessary to enable an individual to maintain the employment outcome as defined in the individual's individualized plan for employment. In its discretion, OOD may grant an exception to the time and accumulated miles requirements and fund vehicle modifications in the following situations:

(1) The individual is currently competively employed, as defined in 34 C.F.R. 361.5(b)(11); and

(2) The individual experiences a deterioration of function due to a disability such that the individual is no longer able to safely drive or be transported with the provided level of adaptive driving technology; or

(3) The individual experiences an additional disability, such that the individual is no longer able to safely drive or be transported using the provided modification; or

(4) When the high tech driving system manufacturer recommends a safety upgrade to the driving system and the high tech integrated driving system is out of warranty and the warranty had been maintained through appropriate maintenance.

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

(1) The transfer occurs after ten years, or after the prior vehicle accumulates one hundred thousand miles, from the date the retail dealer submits the final invoice for payment to OOD.

(2) The primary controls, except for reduced effort steering system and reduced effort braking system, 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 a retail dealer and found to be satisfactory.

(3) An assessment of the subsystem, which may require disassembly, shall be done on each of the following subsystems to determine if the equipment 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.

(4) The following shall not be transferred:

(a) Structural modifications.

(b) Fuel delivery system modifications.

(c) Electrical modifications.

(G) The individual shall apply for all applicable mobility rebates. Any mobility rebate received by an individual from an original equipment manufacturer because of modifications made to a vehicle shall be transferred to OOD to defray the costs of the modifications.

(H) This rule is designed to implement the Workforce Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15, 3304.17
Five Year Review Date: 1/15/2026
Prior Effective Dates: 9/8/2014

Rule 3304-6-03 | General requirements.

• Effective: January 15, 2021
• Promulgated Under: 119.03

(A) Required specifications. All retail dealers shall adhere to OOD's vehicle modification manual. OOD 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 vehicle modification specifications. Failure of the retail dealer to comply with this chapter and OOD's vehicle modification manual may result in any or all of the following: revocation of quotation, delayed payment until correction is made, refusal to accept delivery of modifications, suspension from awards, removal as an OOD approved retail dealer, or other actions deemed necessary to protect the individual, the state of Ohio, OOD, and the taxpayer.

(B) Requirements for retail dealers. OOD shall purchase services and equipment only from retail dealers that meet all of the following conditions:

(1) Maintain valid up-to-date accreditation with the national mobility equipment dealers association's (NMEDA) quality assurance program (QAP) and shall provide written proof of same to OOD on an annual basis and as otherwise requested by OOD; written documentation shall include the designated type(s) of accreditation (i.e., mobility equipment installer, structural, and high tech) and the effective dates of accreditation.

(a) Being accredited as NMEDA QAP, the retail dealer is required to install modifications per the NMEDA guidelines and all applicable federal motor vehicle safety standards (FMVSS) referenced therein.

(b) Should the NMEDA QAP program or any of its parts be shown to be in violation of state of Ohio or federal laws and regulations or found to be likely to cause harm to individuals served by OOD if followed, OOD reserves the right to discontinue the use of the NMEDA QAP accreditation program and adopt or create an equivalent program.

(2) Register with national highway traffic safety administration (NHTSA) in accordance with federal regulations as contained in 49 C.F.R. 595.6.

(3) Operate a permanent business location in the state of Ohio, except when the in state purchasing preference does not meet the individual's rehabilitation needs or informed choice requirements.

(4) Maintain, at that location, all of the facilities necessary to install, maintain, repair, and replace those components/assemblies included in any quotation the retail dealer submits to OOD and perform said work at that location, except as noted in paragraph (C) of this rule.

(5) Maintain, at that location, accessible facilities, including restrooms, pursuant to the Americans with Disabilities Act of 1990 (Public Law 101-336) requirements.

(6) Be recognized by the aftermarket manufacturer(s) as an approved installer of the devices and mechanisms identified in rule 3304-6-02 of the Administrative Code.

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

(8) Maintain a current list of those certified employees and provide a copy of this list to OOD on request.

(C) Subcontracting. A retail dealer may subcontract only non-adaptive work, except for work subcontracted to a manufacturer, but shall retain fitting, warranty, and repair responsibility for all subcontracted work. Non-adaptive refers to those items other than 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 3304-6-02 of the Administrative Code. Retail dealers shall warrant in writing their own installation work for at least two years from the date of delivery of the vehicle to the individual. The individual shall comply with all warranty requirements for the warranty to remain in effect.

(E) Liability insurance. Each retail dealer shall maintain "product/completed operations" liability insurance that holds OOD, its agents, employees, and consultants harmless from any claim for damages resulting from the retail dealer's work or the work/products of his/her suppliers, and provides minimum coverage of one million dollars. Each retail dealer shall also maintain "garage-keeper's" liability insurance and "premises" liability insurance. Prior to submitting a quotation, the 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 within thirty days to OOD. The retail dealer shall provide an updated certificate at the time of the policy renewal.

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

(1) A signed statement to OOD certifying that all work complies with rules 3304-6-01 to 3304-6-03 of the Administrative Code and OOD's vehicle modification manual;

(2) Permanently affixed labels adjacent to the original certification label or the alterer certification label:

(a) NMEDA QAP label in accordance with NMEDA QAP accreditation requirements, unless use of the NMEDA QAP has been discontinued by OOD, and

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

(3) A list of modifications including all modifications made to the vehicle and all additional equipment installed. This list shall be provided to the individual. This list shall contain the NMEDA QAP label identification number unless use of the NMEDA QAP has been discontinued by OOD.

(4) 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) A statement based on the vehicle's gross vehicle weight rating, 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) A complete wiring diagram that identifies all added or modified components and subassemblies by name and by wire color and gauge. The wiring diagram shall be given to the individual. If the wiring is custom a wiring diagram must be supplied with the modification.

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

(8) A list of unused parts shall include all items removed from the vehicle. The list and the unused parts will be returned to the individual. The individual 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 individual served by OOD as a result of submitting quotations and/or providing modifications to the individual's vehicle, including the identity of the individual, shall be confidential. The retail dealer shall not reveal any such information without the individual's written consent. Failure to maintain confidentiality shall result in retail dealer noncompliance subject to the provisions in paragraph (A) of this rule.

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

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

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

(3) Projected completion time. OOD 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 3304-6-02 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. Obtaining proof of such coverage shall be the responsibility of the retail dealer and shall be provided to OOD on request. Any quotation containing products which do not meet this provision shall be rejected.

(2) Any product that is a powered mechanism or 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. All OEM powered mechanisms (such as a power steering pump or a brake vacuum booster) that have been modified as part of the vehicle modification shall contain such an engraving or fixed plate.

(J) Request for quotations and awards. Request for quotations shall be required for all vehicle modifications except those involving only items defined to be relatively minor as stated in paragraph (D)(3) of rule 3304-6-02 of the Administrative Code.

(1) Requests for quotation. Requests for quotations shall only be sent to the three qualified retail dealers chosen by the individual from among the current NMEDA QAP retail dealers approved by OOD which are qualified to perform the specific modifications required by the individual's prescription. If fewer than three retail dealers are approved by OOD to perform the CDRS or DRS modification, then all retail dealers shall be sent the request for quotation. No other quotations shall be solicited or accepted. To comply with individual informed choice requirements, retail dealer quotations shall be evaluated based on the primary factor of lowest price, but also secondary factors of shortest distance from the individual's residence, and fastest projected completion time. OOD shall authorize a modification only to a qualified retail dealer that meets these factors. In the event of a tie based on OOD's scoring criteria, the individual may choose from the lowest price quotations.

(2) Relatively minor modifications. For modifications involving only those items defined as "relatively minor" in paragraph (D)(3) of rule 3304-6-02 of the Administrative Code, the retail dealer (i.e., vehicle modification shop) that will perform the modification shall be chosen by the individual from the current list of OOD approved retail dealers. No other retail dealers shall be asked to submit prices or be used to provide vehicle modifications.

Supplemental Information

Authorized By: 3304.15(C)(1)
Amplifies: 3304.15, 3304.17
Five Year Review Date: 1/15/2026
Prior Effective Dates: 9/4/1990