Section 7164 - Vehicle Purchase(a) A motor vehicle shall be purchased for an individual only when all of the following conditions exist: (1) The individual for whom the vehicle will be purchased meets all of the following conditions: (A) Is physically unable to use non-adapted or alternate forms of transportation.(B) Has competitive integrated employment as a vocational goal and one of the following conditions exist. The individual: 1. Is ready for or participating in vocational training.3. Has been offered a job.4. Is already employed in suitable employment.(C) Has the financial ability to operate, maintain and replace the vehicle as determined pursuant to section 7164.2.(2) All other modes of transportation, as well as permanent relocation, have been explored and documented and a determination has been made that vehicle purchase is the cost effective means of obtaining transportation necessary to meet the individual's specialized vocational needs.(3) The individual has been evaluated by the Department or by a Department-approved mobility evaluation program in accordance with section 7164.4, or has obtained a waiver of the mobility evaluation in accordance with section 7164.6 and one of the following conditions exist:(A) The individual has a driver's license and has obtained a waiver of the mobility evaluation.(B) The mobility evaluation program has determined that the individual has a driver's license or has the potential for obtaining a driver's license and agrees that: 1. All driving instruction recommended by a mobility evaluation program shall be mandatory even if the individual has a current driver's license.2. Until the unlicensed individual receives a driver's license, a licensed driver who has been approved by the Counselor and who has been provided instructions regarding any modifications added to the vehicle shall be utilized at all times.(C) The individual does not have the potential to obtain a driver's license, but both of the following conditions exist:1. A determination has been made through the mobility evaluation program or waiver process that the individual meets the passenger criteria.2. The individual agrees that a licensed driver who has been approved by the Counselor and who has obtained instructions regarding any modifications added to the vehicle shall be utilized at all times.(4) The individual has signed the Issuance of Vehicle form (DR 290A dated February, 1991) promising to abide by the following conditions while his or her case remains open:(A) If the individual does not possess a driver's license, only the person(s) specified in (a)(3)(B)2. or (C)2. shall operate the vehicle.(B) Manufacturers guidelines or General Service Administration's instructions contained in STD 271 (revised 8-78), which is incorporated by reference herein, regarding vehicle maintenance shall be followed.(C) A record of both vehicle and modification maintenance shall be maintained in STD 271 and shall be reviewed annually by the Rehabilitation Counselor.(D) The individual shall provide proof of insurance in an amount at least equal to the State's legally prescribed minimum level for the vehicle being purchased.(E) Until the case is closed, the Department shall be the legal owner of the vehicle. If the case is closed for a reason other than "rehabilitated", the vehicle shall be returned to the Department, unless the individual purchases the vehicle from the Department at fair market value as determined in accordance with section 7194(c). In no instance shall any individual financial participation obligation paid by the individual be refunded.(F) The individual shall make no alterations to the vehicle or its adaptive equipment without the prior written approval of the Rehabilitation Counselor.(G) The individual shall obtain any recommended driver instruction and not drive the vehicle independently until all instructions recommended by the Mobility Evaluation program are completed.(H) If the individual is the driver, the individual shall maintain a valid California driver's license and shall notify the Rehabilitation Counselor if his or her license is no longer valid.(I) The individual shall notify the Rehabilitation Counselor if the vehicle is involved in an accident.(J) The individual shall notify the Rehabilitation Counselor of any reason which prevents him or her from carrying out his or her IPE.(b) The least expensive vehicle which meets the individual's specialized vocational needs shall be purchased.(c) The vehicle shall be inspected and approved by the Fleet Administration Division of the Department of General Services.Cal. Code Regs. Tit. 9, § 7164
1. New section and heading filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
2. Amendment of subsection (a)(1)(B) and NOTE filed 8-20-92; operative 9-21-92 (Register 92, No. 34).
3. Change without regulatory effect repealing subsection (b) and relettering following subsections filed 10-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 41).
4. Editorial correction of HISTORY 3 (Register 95, No. 11).
5. Repealer of subsection (a)(3), subsection renumbering, amendment of newly designated subsections (a)(4)-(a)(4)(A), (a)(4)(C), (a)(4)(F) and (a)(4)(H)-(J) and amendment of NOTE filed 5-31-2016; operative 7-1-2016 (Register 2016, No. 23).
6. Amendment of section and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7). Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150(a)(12), Welfare and Institutions Code; and 34 CFR Sections 361.48.
1. New section and heading filed 7-18-91; operative 8-17-91 (Register 91, No. 45).
2. Amendment of subsection (a)(1)(B) and Note filed 8-20-92; operative 9-21-92 (Register 92, No. 34).
3. Change without regulatory effect repealing subsection (b) and relettering following subsections filed 10-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 41).
4. Editorial correction of History 3 (Register 95, No. 11).
5. Repealer of subsection (a)(3), subsection renumbering, amendment of newly designated subsections (a)(4)-(a)(4)(A), (a)(4)(C), (a)(4)(F) and (a)(4)(H)-(J) and amendment of Note filed 5-31-2016; operative 7/1/2016 (Register 2016, No. 23).
6. Amendment of section and NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).