[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
for driver/passenger not seated in a wheelchair.
(1) Passenger and driver restraints installed
as part of an adaptive equipment modification to a vehicle shall meet the
requirements of FMVSS 209, seat belt assemblies and FMVSS 210, seat belt
assembly anchorages as applicable to the design of the belt system that is
installed and shall be installed in the manner prescribed by the system's
manufacturer. Restraints shall meet these design and installation requirements
regardless of the design of the seat or other accommodation that may be
provided for the driver or passenger.
Passenger- and driver-restraint systems
installed as a part of an adaptive modification to a vehicle shall provide an
upper torso restraint through the use of a shoulder belt or harness regardless
of the riding position in the vehicle. The upper torso restraint anchorage
points shall meet the design requirements of SAE J383.
Passenger and driver restraints for a
driver/passenger not seated in a wheelchair, as well as the driver restraints
for a driver riding in a removable driver's seat pursuant to paragraph
(B)(1)(d)(x) of rule
of the Administrative Code, shall meet the requirements specified in paragraph
(A)(1) of this rule.
straps or other devices to be used in conjunction with a shoulder belt shall be
provided if necessary for the consumer's upper torso stability.
(c) All passenger- and driver-restraint
systems modifications shall be situated so that the person with a disability is
Driver restraints installed as part of an adaptive equipment modification to a
vehicle shall be suitable for independent operation by the driver for whom it
Restraints for driver/passenger seated in a wheelchair. The wheelchair tie-down
and occupant-restraint system (WTORS) intended for use by the person seated in
a wheelchair includes a system or device for wheelchair tie-down as well as a
separate and complimentary system for occupant restraint.
WTORS shall meet the following
(a) WTORS shall be installed
in accordance with the manufacturer's instructions, and shall be through-bolted
with minimum grade 5 bolts into a structural member or sheet metal of at least
sixteen-gauge or back plating of at least sixteen-gauge sheet metal that is a
minimum of sixteen square inches in size and has been through-bolted or welded
to the vehicle body.
manufacturer of the WTORS to be installed shall certify that the system meets
the following requirements:
(i) For use in
conjunction with a safety belt system, the system shall keep the wheelchair and
occupant securely restrained in a thirty mile per hour frontal collision into
an immovable barrier. The deceleration level at the floor of the vehicle during
the collision shall be defined as twenty G's (G= 32.2 feet/second/second). The
manufacturer shall provide documentation that the tie-down meets this criteria
when fully tested dynamically and under identical conditions on an impact sled
simulator equal to the sled facility at the University of Michigan
Transportation Research Institute (UMTRI), or that the tie-down complies with
(ii) The system shall
not be attached to van doors and shall not depend on friction.
(iii) The system shall not be attached to the
wheels of the wheelchair.
system shall not be attached to any wheelchair part that is designed for easy
removal, for example, footrests or armrests.
(v) The system shall allow the consumer, when
he/she is the driver, to independently maneuver the wheelchair into and out of
the driving position and to independently engage the tie-down and chest straps
or other devices necessary for upper torso stability.
(vi) The power-operated wheelchair tie-down
for a driver shall be wired so that the release of the tie-down can only be
activated when the ignition switch is off or so that an audible alarm sounds
whenever the ignition is turned on and the wheelchair lockdown mechanism is not
wheelchair tie-down for a passenger shall be a belt tie-down using standard or
retractable belts unless a power-operated tie-down has been justified by the
driver rehabilitation specialist and
the RTSU of
has approved it.
(d) A wheelchair tie-down for a passenger may
utilize fabric loops attached to the wheelchair to facilitate reaching a
suitable attachment point on the wheelchair if the loops are obtained from the
same manufacturer as the wheelchair tie-down.
(e) All retail dealer installed lap belts
shall cross the occupant at the "H-Point".
Based on engineering analysis and test
results provided by the manufacturer or supplier, innovative designs for
wheelchair tie-down and occupant restraint systems not envisioned under the
requirements of this rule may be utilized with the approval of
the RTSU of RSC
Unoccupied wheelchair/scooter restraints.
Wheelchair/scooter restraints for securing a wheelchair/scooter after its user
has transferred into a vehicle seat include devices for retention of a folded
wheelchair as well as devices for retention of a wheelchair in its unfolded
state. Vehicles equipped with transfer seats shall have restraints to secure
the unoccupied wheelchair/scooter and shall be placed in such a position to
allow the consumer to transfer satisfactorily.
(1) Such restraints need not meet the
criteria described in paragraphs (B) to (B)(1)(b)(iv) of this rule.
(2) Such restraints often mounted facing
sideways shall be labeled "For Unoccupied Wheelchair Only."
Inflatable restraint system.
The inflatable restraint system consists of sensor(s), diagnostics,
inflator(s), and module(s) which inflate a bag in certain vehicle crashes to
assist the occupant(s) from impacting the interior portion of the vehicle.
Consistent with NHTSA in accordance with
49 C.F.R. 595, an air bag may be permanently deactivated when it is necessary
to remove the steering column in order to place the consumer in the best
position to operate steering controls as described in rule
of the Administrative Code or when air bag on/off switches do not exist and
drivers using adaptive devices are not able to be positioned far enough away
from the air bag to avoid injury.
the steering column/steering wheel is removed as part of the modifications, the
passenger side air bag shall remain in operation unless the vehicle steering
column wiring prevents this. If the consumer wishes the passenger side airbag
to be removed/disabled, he/she shall follow the process described in paragraph
(D)(2) of this rule.
(b) When the
steering column/steering wheel is not removed but the air bag is deactivated, a
retrofit air bag on/off switch, if available, shall be installed to allow
drivers without a disability to use the air bag.
(2) When additional vehicle modifications due
to disability are not required, NHTSA does not grant permission for air bag
deactivation under the exemption to the make inoperative prohibition. In these
situations, the consumer shall complete a request for removal of an air bag
form, and submit for approval to NHTSA (or comply with current NHTSA
regulations regarding air bag removal/deactivation). Once such a waiver is
obtained from NHTSA, copies shall be kept by the retail dealer and the
consumer. If removal of the steering column is not implicit in the vehicle
modification prescription and the evaluation does not explicitly indicate the
need for permanent air bag deactivation due to positioning, such
removal/deactivation of an air bag is strictly the prerogative and
responsibility of the consumer, to be pursued by the consumer through the
procedures made available by NHTSA.
Ohio Admin. Code
119.032 review dates:
Effective Dates: 09/04/1990, 05/10/1995, 08/02/1999, 06/03/2002,