AB 492

This bill regulates the installation of "adaptive equipment," which the bill

defines as equipment allowing an individual with a physical disability to safely

operate a motor vehicle. The bill refers to an individual for whom the equipment is

installed as a "client." The bill prohibits a person from installing adaptive equipment

for a client in a manner that alters any original part or equipment in a motor vehicle,

unless the following five requirements are satisfied.

First, the person installing the equipment (installer) must be accredited under

the Quality Assurance Program of the National Mobility Equipment Dealer's

Association. Second, the client must certify to the installer that the client has

received a clinical evaluation performed by an occupational therapist or physician.

The bill defines "clinical evaluation" as an evaluation of a client's range of motion,

strength, sensation, perception, visual and cognitive skills, kinesthetic awareness,

and medical history. Third, the client must certify to the installer that the client has

received a "behind-the-wheel evaluation," which is defined as an evaluation

involving the client's use of adaptive equipment to determine the adaptive

equipment that is appropriate for the client. The behind-the-wheel evaluation must

be performed by an occupational therapist or physician who has an unexpired driver

rehabilitation specialist certification issued by the Association for Driver

Rehabilitation Specialists or a successor organization, or who is training for such

certification under the supervision of a person who has such certification. In

addition, the occupational therapist or physician must also be a qualified driving

instructor. Also, the behind-the-wheel evaluation must be performed in a motor

vehicle that satisfies the requirements of the Wisconsin Department of

Transportation (DOT) for driver training cars.

Fourth, the client must provide the installer with a document, which the bill

refers to as a vehicle modification order, that specifies the adaptive equipment that

is determined to be appropriate for the client. The vehicle modification order must

be made by the occupational therapist or physician who performed the

behind-the-wheel evaluation. Fifth, the installer may only install the adaptive

equipment specified in the vehicle modification order. A person who installs

adaptive equipment in violation of the foregoing requirements is subject to a civil

forfeiture of not more than $200.

The bill also prohibits DOT from issuing a driver's license to a person if DOT

determines that special mechanical controls are required for the person to safely

operate a motor vehicle, unless the person provides DOT with certifications that the

the person received the clinical and behind-the-wheel evaluations described above.

In addition, the person must provide DOT with a certification from the occupational

therapist or physician who performed the behind-the-wheel evaluation that

adaptive equipment was installed as specified in the vehicle modification order made

by the occupational therapist or physician.