OAR 582-070-0025
Vehicle Purchase/Vehicle Modification
(1)
The following definitions apply to this rule:(a)
“Approved Vendor” means a dealer recognized by OVRS as an approved retailer or installer of specified devices;(b)
“Qualified Mechanic” means; American Standard Automotive or American Standard Engineering certified;(c)
“Qualified Vehicle Modification Evaluation” means an evaluation performed by a licensed occupational therapist;(d)
“Reasonable transportation alternatives” include but are not limited to:(A)
Car repairs to a vehicle already owned;(B)
Use of mass transit or community transportation;(C)
Moving the individual to a new area;(D)
Assistance from family members, volunteers, paid drivers or attendants;(E)
Car pools; or(F)
Accommodations made by individual’s employer.(e)
“Vehicle modifications” are services involving the purchase and installation of adaptations or devices intended to meet the employment-related transportation needs of individuals.(2)
OVRS does not provide funds for individuals to lease or purchase motor vehicles that require a license to operate. The OVRS administrator may grant an exception if no reasonable transportation alternatives are available and the office has made the following determinations:(a)
The exception is not prohibited by state or federal statute, rule or regulation;(b)
The individual is eligible for vocational rehabilitation services and is in plan or post-employment status;(c)
Assessments, evaluations and tests demonstrate the purchase is necessary to remove a transportation related barrier;(d)
The purchase is in support of a specific vocational goal (identified in the individual’s IPE);(e)
At closure the individual will have sufficient income and resources to meet daily living expenses and cost of vehicle operation and replacement;(f)
The individual possesses or can obtain a valid driver’s license; and(g)
The individual can safely operate the vehicle.(3)
OVRS may deny purchase of vehicle modification services if:(a)
The individual fails to cooperate with required evaluations, assessments or tests; or(b)
It is determined the individual is unable to drive safely. OVRS may permit an exception when a qualified driver other than the individual will be operating the vehicle.(4)
When OVRS authorizes payment toward a purchase, the primary lien holder must be the office.(5)
OVRS shall transfer ownership only when required for employment and successful file closure. OVRS must repossess, reassign or otherwise dispose of the vehicle when it has determined transfer to the individual is not justified. Disposal must occur according to department or office property disposition guidelines.(6)
Scope of Vehicle Modifications: OVRS shall only authorize a vehicle modification when the office determines modification is the most cost effective and appropriate means of providing necessary employment-related transportation for the individual. Purchase of a vehicle modification shall be the least costly necessary to accomplish the goal of enabling the individual to enter, maintain or regain employment.(a)
As Rehabilitation Technology, defined as necessary to address vocational barriers confronted by individuals with disabilities in the area of transportation, OVRS may not purchase the following:(A)
Modifications to a van if it would be possible to modify a sedan style automobile to meet the individual’s need for transportation;(B)
Modifications to a vehicle if the individual owns or has use of another vehicle that would meet the individual’s transportation needs; or(C)
Modifications to a vehicle if a qualified vehicle modification evaluation indicates that the individual is not capable of driving due to the individual’s disability. OVRS may permit an exception when a qualified driver other than the individual will be operating the vehicle.(b)
OVRS may provide vehicle modifications if:(A)
The exception is not prohibited by state or federal statute, rule or regulation;(B)
The individual does not own another vehicle which meets the individual’s employment-related transportation needs;(C)
The individual is capable of safely operating a motor vehicle; and(D)
The individual requires the proposed modification, as documented and recommended in by a qualified vehicle modification evaluation.(7)
Vehicle requirements for OVRS participation in the cost of modifications are as follows:(a)
the vehicle to be modified has been judged safe and is in reasonably good condition, as determined by a qualified mechanic;(b)
All proposed modifications are consistent with applicable vehicle safety laws;(c)
OVRS shall preauthorize any payment for a modification in a new or used vehicle acquired by the individual. The individual shall be responsible for the costs of any modification not recommended by a qualified vehicle modification evaluation. The individual is responsible for the costs of any modification-equipment not covered by the office;(d)
Preinstalled modifications in used vehicles. OVRS shall preauthorize any payment for preinstalled modifications in a used vehicle acquired by the individual. The individual shall be responsible for all payment for any modification equipment not recommended by the qualified vehicle modification evaluation and/or any modification equipment costs not covered by the office;(e)
Unmet modification requirements. Where new or used pre-existing vehicle modification equipment is insufficient to meet the individual’s needs, as documented by the qualified vehicle modification evaluation, the office shall direct negotiate or bid out the unmet minimum necessary modification requirements;(f)
OVRS shall not provide such optional equipment as may generally be purchased through an automobile dealer at the time the vehicle is purchased unless such equipment is required as a result of the individual’s disability and is categorized in the Occupational Therapists driver’s evaluation as necessary to the modification of the vehicle;.(8)
OVRS conditions for vendor selection are as follows:(a)
Vehicle modifications shall be purchased from vendors or dealers who are listed and on file with OVRS as an approved vendor of the devices;(b)
Such purchases must be made in accordance with State procurement regulations and OVRS purchase policy and procedures.(9)
OVRS is not obligated to purchase any service negotiated or contracted by the individual or individual’s family. The office shall authorize all vehicle modification services through the standard State and OVRS procurement and purchasing process.(10)
Maintaining a private vehicle is the responsibility of the owner.(11)
OVRS assumes no warranty responsibility.(12)
Second or subsequent modifications are limited to those needed to accommodate changes in the individual’s medical condition.(13)
The individual shall be the primary driver of the modified vehicle. The office may make an exception permitting a qualified driver other than the individual to operate the modified vehicle;(14)
The individual must register or co-register the modified vehicle in the individual’s own name. A minor individual must register the modified vehicle in the name of the individual’s parents or guardian. The office may authorize an exception to register the modified vehicle in a name other than the name of the individual and/or individual’s parent or guardian.
Source:
Rule 582-070-0025 — Vehicle Purchase/Vehicle Modification, https://secure.sos.state.or.us/oard/view.action?ruleNumber=582-070-0025.