OTO No.

605

Classification

MOT-57

Date of Acceptance

March 2, 2000

Respective Office Receiving Complaint

Cabinet Office (Economic Planning Agency)

Responsible Ministries

Ministry of Land, Infrastructure and Transport (Ministry of Transport)

Related Laws

Road Vehicles Law

Complainant

Domestic firm

Exporting Countries

Germany

Subject

Classification as vehicles for special use of foreign vehicles modified for wheelchair use

Description of Complaint

The vehicles that are approved as special-purpose vehicles for transporting disabled persons (subject to a tax incentive) are mainly large cars that are modified with slopes or lift gates installed to allow disabled persons to board and disembark while remaining in the wheelchair. The modified parts cannot be used for passengers without wheelchairs.

The complainant imported a new German wheelchair and modified a car for disabled persons. But the modified car failed to be approved as the special-purpose vehicle for transporting disabled persons. Since the seat portion can be separated from the foreign wheelchair in question, this wheelchair can be used on a modified mini-vehicle or compact car. The modified car to accommodate the foreign wheelchair is not different from cars approved as the special-purpose vehicles for disabled persons as far as the modification purpose and method are concerned and the modified part cannot be used for passengers without the wheelchair.

"Public comments on revisions to structural requirements for special-purpose vehicles" (in December 1999) anticipate only traditional types of wheelchairs for vehicles for transporting disabled persons and allow only large vehicles to be modified for that purpose. For the above reason, however, the requirements should be revised to allow the modified vehicle for the foreign wheelchair in question to be approved as a special-purpose vehicle for transporting disabled persons.

Details of Measures

1.  The ministry replied as follows:
(1) Under the Road Vehicle Act system, automobiles are classified into "passenger," "cargo" and "special-purpose" vehicles.

(2) The decision as to whether a vehicle is for special purpose must be made based on whether the vehicle has special equipment and whether this equipment makes it possible to use the vehicle for special purposes. This is done by determining whether the inside area used for the special equipment, excluding the driver's seat (including front passenger seats), is greater than the other inside area.

(3) Automobiles classified as "for transporting disabled persons" are deemed vehicles that are designed exclusively for wheelchair users and have lifts for getting on and off and special equipment for fixing wheelchairs.

(4) However, according to the documentation on the wheelchair subject to this complaint, since the area of the vehicle occupied by the special equipment is smaller than the area of the vehicle used for other purposes, the vehicle cannot be classified as a special-purpose vehicle.
(5) The ministry is currently considering the comments and requests made when public comments were solicited in December 1999.

 

2. Later, the complainant agreed to the termination of complaint-processing procedures for the reason that sales will not be affected even if the vehicle in question fails to be classified as the special-purpose one. The ministry is now compiling the results of the above public comments.

Status of Processing

Processed  (January 17, 2001)

Classification of Action

D

Remarks

A written reply was made on March 10, 2000.