Cal. Code Regs. Tit. 9, § 7164.6 - Mobility Evaluation - Waivers

(a) A client who will be the driver of the vehicle shall have the mobility evaluation waived only if all of the following conditions exist:

(1) The client has driven a modified car and possesses a current and valid driver's license which has been issued after the onset of the client's disability. The client shall present his or her driver's license as verification.

(2) The new car has similar options, such as power steering, power brakes, etc. as the client's former car and / or the modifications to be purchased have the same generic classifications, such as hand control, spinner knob, etc., as the modifications the client has been using and the modifications will cost $750 or less.

(3) The client, within the three prior years, has had no moving violations or record of an accident while operating a vehicle as verified through a printout of the client's driving record from the Department of Motor Vehicles, driver instructor's reports or similar documents.

(4) Supporting medical evidence is presented by the client which indicates that the client's medical condition is, or can be expected to remain, stable and that the client has no perceptual problems. In addition, there shall be confirmation from a Medical Consultant that the supporting medical evidence is accurate and consistent with the client's medical information maintained by the Department.

(5) There is verification that the new vehicle and / or modifications to be purchased is consistent with that recommended by an occupational or physical therapist.

(6) Approval of the Program Supervisor has been obtained. The Program Supervisor's decision shall be based upon whether or not there is verification:

(A) Of the criteria specified in (1) through (5).

(B) That the requirements of section 7164(b) and 7164.2 have been met.

(b) A client who will be transported as a passenger in the vehicle shall have the mobility evaluation waived only if all of the following conditions exist:

(1) The client will be transported in a standard, full-sized van.

(2) The measured height of the client from the floor to the top of his or her head while sitting upright is less than 51 inches.

(3) The client, without tipping the wheelchair, can temporarily bend over in his or her wheelchair so that the distance from the floor to the top of his or her head or the highest point on the wheelchair is less than 48 inches.

(4) The distance from the back of the rear wheel to the tip of the toe or end of foot plate, whichever is longer, is less than:

(A) 45 inches if the chair is equipped with anti-tip rollers.

(B) 48 inches if the chair is not equipped with anti-tip rollers.

(5) The client has no respiratory or other special equipment which must be attached to the van.

(6) The client does not anticipate the need or ability to be an independent driver in the next five years.

(7) The client has a standard noncustomized wheelchair. Recliner wheelchairs are permissible only with a doctor's permission for repeated use.

(8) The Counselor and / or the client foresee no equipment needs other than any of the following:

(A) A wheelchair lift operable by an attendant and located according to client needs and preference.

(B) Lift switches located such that the client's attendant can see the lift through its whole cycle of operation.

(C) A light near the lift for night use.

(D) The floor of the van leveled.

(E) A manual (non powered) wheelchair tiedown at the standard passenger position between and just behind the two front seats.

(F) A seat belt attached to the van at the passenger position.

(G) Buckle or velcro closure trunk supports attached to the client's wheelchair for trunk stability while stopping or cornering.

(9) The approval of the Program Supervisor has been obtained. The Program Supervisor's decision shall be based upon whether or not there is documentation of the criteria specified in (1) through (7).

Notes

Cal. Code Regs. Tit. 9, § 7164.6

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150(a)(11), Welfare and Institutions Code; and 34 CFR Sections 361.5, 361.42 and 361.48.

1. New section filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
2. Editorial correction of subsection (b)(6) (Register 95, No. 43).
3. Change without regulatory effect amending subsections (a)(1)-(2), (a)(5), (b)(2)-(3) and (b)(8) and amending Note filed 5-12-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20).