92 Neb. Admin. Code, ch. 72, § 008

Current through September 17, 2024
Section 92-72-008 - Vehicles
008.01 Vehicle Repair
008.01A. Purpose. Vehicle repairs are only completed on a vehicle when essential to enable the recipient to achieve their employment outcome.
008.01B. Repair Requirements. Repairs are limited to a vehicle that:
008.01B1. Will be in good mechanical condition upon completion of the necessary repairs. If necessary this is determined by consultation with a qualified mechanic familiar with the vehicle;
008.01B2. Is licensed and titled in the name of the recipient, his or her spouse, or his or her parent or guardian and for which there is current full liability insurance coverage; and
008.01B3. Whose operator has a current valid driver's license to operate a vehicle in the State of Nebraska.
008.02 Vehicle Modifications
008.02A. Purpose. Vehicle modifications, new or existing on a vehicle being acquired by the recipient, are strictly limited to those limited changes, adaptations, or adjustments to a recipient's vehicle that enable him or her to operate or ride in the vehicle and are essential to achieve the employment outcome of the recipient.
008.02B. Modification Requirements. Modifications are limited to the following vehicles.
008.02B1. A vehicle that is in good working condition, has a reasonable expected life, and is suitable for the adaptations and modifications required by the recipient. If the vehicle age exceeds four (4) years (based on date of original sale), or the vehicle mileage exceeds 50,000 miles, the recipient must provide a statement from a qualified mechanic showing that the vehicle is in good working condition.
008.02B2. A vehicle that is licensed and titled in the name of the recipient, his or her spouse, or his or her parent, and for which there is current full liability insurance coverage.
008.02C. Cost Estimates.
008.02C1. Two (2) documented estimates must be obtained for any modifications costing between $2,000 and $4,999.99. Cost estimates may be obtained by comparison shopping, use of governmental or educational price lists, catalogs, advertisements, internet or by telephone. A cost estimate from a single provider may be used if the modifications are only available from a single source or distributor. Cost estimates must be documented by the program in the case service record.
008.02C2. Written cost estimates must be obtained from at least three (3) providers for any modifications costing $5,000 or more. A cost estimate from a single provider may be used if the modifications are only available from a single source or distributor. Written cost estimates must be retained in the case service record.
008.02C3. In accordance with subsection 008.02A of this Chapter, VR may provide financial assistance for the portion of the cost of the purchase of a used vehicle determined by VR to represent the value of existing vehicle modifications. This assistance may be provided based on a single cost estimate of the current value of the necessary existing modifications from a provider with experience installing such equipment. The estimate should be at a prorated depreciated value based on a five year life cycle for the equipment.
008.02D. Exclusions. Vehicle modifications expressly do not include steering, braking systems, or any other system that replaces stock system provided as original equipment by the manufacturer.
008.02E. Scope. The scope and extent of vehicle modifications is limited to:
008.02E1. Entry and Exit Aids. Entry and exit aids and devices may be provided to enable the recipient to enter and exit the vehicle. These include door openers, grab bars, wheelchair lifts, handling devices, or similar devices.
008.02E2. Riding Aids. Riding aids and devices may be provided to enable the recipient to ride in the vehicle. These include wheelchair locks, tie-downs, safety belts, and similar aids and devices that enable the recipient to ride in the vehicle without significant individual risk.
008.02E3. Driving Aids. Special automotive driving aids may be provided if the recipient will operate the vehicle. These include brake and accelerator controls, dimmer switch controls, left foot accelerator, parking brake controls, right-hand operated turn lever, left-hand operated shift lever, and add-on reduced effort power steering or braking modifications designed for use with the stock systems provided as original equipment by the vehicle manufacturer.
008.02E4. Interior and Structural Adaptations. Limited interior and structural adaptations and modifications may be provided, if necessary, to install essential adaptive equipment and devices. This may include priming and painting of disturbed exterior areas to restore the initial appearance of the vehicle as closely as possible.
008.02E5. Unique Modifications. The following modifications may be provided, only if required, because of the nature of the recipient's impairment or expected use of the vehicle:
008.02E5a. High capacity internal heating and cooling systems,
008.02E5b. Emergency equipment when the recipient will regularly operate the vehicle in isolated areas, and
008.02E5c. Major structural changes including raising the roof or lowering the floor of a vehicle.
008.02F. Repairs. Repairs to any of the aids and devices listed in Sections 008.02E1 to 008.02E5 of this Chapter, which are already installed on a vehicle, may be provided. Program assistance with Rehabilitation Technology Repair cannot exceed the amount in Appendix B. Assistance for the repair of the vehicle on which the aids and devices are installed may be provided. Program assistance with Vehicle Repair cannot exceed the amount in Appendix B.
008.02G. Financial Assistance for New Modifications. The program may provide financial assistance for new modifications to a vehicle up to the amounts in Appendix B for Vehicle Modifications - New.
008.02H. Financial Assistance for Acquiring a Vehicle with Existing Modifications. The program may provide financial assistance, up to the amount in Appendix B for Vehicle Modifications - Existing, to a recipient who is acquiring a new vehicle that has been modified by the manufacturer or a manufacturer approved vendor, or a used vehicle that has been modified by a previous owner.
008.02I. Driving Assessment and Training. The program may provide financial assistance for a driver's assessment to determine if the recipient will be able to safely operate the vehicle and /or driver's training to assist the recipient in learning how to operate the modified vehicle prior to the completion of vehicle modifications. Financial assistance for driver's training cannot exceed the amount in Appendix B, Miscellaneous Training-Assistive Technology Use.
008.03 Vehicle Acquisition
008.03A. Acquisition of Motor Vehicles. The purchase or acquisition of a motor vehicle for a recipient is not allowable except as provided for in Section 009 of this Chapter, when a vehicle is essential to the initial operation of a new business enterprise. Other than for a vehicle purchase or acquisition under Section 009 of this Chapter, the program will not pay for financing fees, sales or use taxes, any down payment, leasing or rental charges. Furthermore, this limitation is not subject to the exception provision described in Section 008.05 of this Chapter.
008.03B. Acquisition of Vehicles as Adaptive Equipment. The program may provide financial assistance for adaptive equipment including All Terrain Vehicles (ATV), Utility Vehicles (UV) and similar devices necessary for personal mobility to compensate for limitations resulting from a physical disability. The program may provide financial assistance to purchase these adaptive devices up to the amount in Appendix B for Assistive Devices - Non-Prescriptive.
008.04 Licensing and Insurance Fees

The program may provide financial assistance for vehicle licensing fees and/or insurance fees for recipient owned vehicles. The insurance coverage must be limited to the minimum legal requirement for liability insurance. Financial assistance for insurance premiums must not exceed six months and the recipient must be able to assume financial responsibility for continued insurance premium payments after the program funded coverage ends.

008.05 Exceptions

Exceptions to the limit on financial assistance may be granted by Program staff designated by the Director to any state imposed regulations found in this section and related fees in Appendix B based on individual circumstances. An exception may be granted if Program staff determines there is no alternative to accomplish the necessary accommodations in a safe manner.

92 Neb. Admin. Code, ch. 72, § 008