QAP Rules - NMEDA

QAP Rules

01. QAP LOGO PNG

Quality Assurance Program (QAP) Rules

QAP-101 (2024) — Updated January 1, 2024

Below are the Quality Assurance Program Rules, essentially the “instruction manual” for our members. In conjunction with the QAP Guidelines, these documents are the foundation for the program.

To search the QAP Rules for a specific topic or term, press Ctrl + F to open your browser’s “find” feature.

You can download a PDF version of the QAP Rules here.

I. Purpose

The Quality Assurance Program (QAP) is the only nationally recognized accreditation program for the adaptive mobility equipment industry. The purpose of the program is to ensure the products and services provided by Quality Assurance Program (QAP) accredited locations meet or exceed customer needs and current government safety requirements. It is based on the principle that in order to satisfy customers consistently, companies must have a systematic and documented approach to quality. The program was developed to elevate the level of performance to reliably meet consumers’ personal transportation needs in the safest manner possible.

The QAP designation is indicative of enhanced vehicle modification and adaptive equipment installation consistent with the highest standards available in the industry. Accredited locations that install, sell, and service adaptive mobility equipment are required to follow these rules and guidelines written in accordance with motor vehicle safety standards, a professionally managed dynamic and static testing program and proven quality control practices that advocate the highest level of performance and safety.

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II. Scope

The QAP Rules apply to all personal use and commercial vehicle modifications made for persons with a disability, including pass-through vehicle sales, made by QAP Accredited dealers or NMEDA members performing dealer activities.

Some rules and guidelines do not apply to non-personal use, commercial vehicle modifications. These sections will be indicated as “not applicable to commercial vehicles” or similar.

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III. QAP Requirements Summary

All accredited locations in the QAP are held to extremely high standards for consumer safety and product quality. They are required to:

  • Maintain a NMEDA approved Quality Control Manual that defines processes affecting quality and focuses on customer satisfaction and compliance to applicable industry and regulatory standards while fostering continuous improvement opportunities on product and services offered.
  • Maintain Product, and Completed Operations, and Garage Keepers insurance for liability purposes and to protect the consumer and accredited location.
  • Have certified welders for all welding to assure modifications meet or exceed industry standards.
  • Have technicians who are certified for the equipment they sell, install and service.
  • Maintain detailed records of all adaptive work for at least seven years that are specific to a customer/vehicle for traceability and future reference.
  • Undergo an audit at least annually by an independent Audit Firm to ensure compliance to the QAP Rules, NMEDA Guidelines, certain aspects of the Americans with Disabilities Act (ADA), the National Highway Traffic Safety Administration’s (NHTSA) Federal Motor Vehicle Safety Standards (FMVSS) and “Make Inoperative” mandates as required. In Canada, accredited locations are required to meet applicable building code, and Canada Motor Vehicle Safety Standards (CMVSS).
  • Abide by the Mediation Committee’s decisions whenever a complaint is lodged.
  • Have a dedicated phone number manned by qualified service personnel and provide 24/7 emergency service or support assistance to their customers at home or on the road.
  • Meet NMEDA shop facility and equipment requirements to assure ADA guidelines (or Canadian equivalent) are met or exceeded and customers are comfortable during fittings and on-site inspections.
  • Perform weight analysis using calibrated four-corner scales to assure customer safety, that completed product complies with all applicable motor vehicle safety standards, and load carrying capacity requirements are maintained.
  • Maintain calibration on measurement equipment to assure data accuracy and manufacturer installation instructions are followed.
  • Use the Out of Area Service Agreement when offering products outside of the standard service area to assure the product or service will be performed by another accredited QAP location where possible.

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IV. Program Participation

All NMEDA member entities and individuals, regardless of member type, are required to abide by all QAP/MQAP Rules and Guidelines for any relevant activity in which the member engages.

All NMEDA members who engage in the retail sale of adapted vehicles and/or the installation of adaptive equipment for consumers are required to achieve and maintain the QAP Accreditation.

QAP Accreditation is available to vehicle retailers and adaptive equipment installers, regardless of NMEDA membership status. This Accreditation requires adherence to all applicable QAP rules and an annual third-party audit.

NMEDA member QAP accreditation fees are included in the annual membership dues. Non-member QAP accreditation fees are established by the NMEDA board of directors and are currently $1,595 USD annually. Annual audit fees are in addition to accreditation fees.

Member and Non-Member Entities with Multiple Locations:

NMEDA member and non-member entities with multiple locations must have all locations QAP accredited for the type(s) of work performed at the location.

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V. Categories of QAP Accreditation

The QAP accreditation categories are established by the type(s) of modifications that are performed with respect to the adaptive equipment industry.

QAP locations can earn accreditation in any or all of the following four categories.

NOTE:  A location must be accredited for all of the types of work that it performs.

Type 1 – Mobility Equipment Installer:

This is an accreditation to install low technology mobility equipment including, but not limited to:

    • Trunk lifts for wheelchairs and scooters
    • Portable ramps
    • Power and manual wheelchair tie-downs
    • Simple non-driver devices
    • Manual hand controls
    • Steering devices
    • Left foot accelerator
    • Pedal extensions
    • Roof-top carriers
    • Driver and passenger power and manual transfer seats
    • Wheelchair lifts
    • Secondary driving aids (non-electrical)
    • Driver trainer brakes
    • Power seat bases

Type 2 – Structural Vehicle Modifier:

This is an accreditation to perform structural modifications to certain vehicles based on designs accepted by CRP including, but not limited to:

    • Conversion kits
    • Lowered floors
    • Power pans
    • Raised roofs
    • Raised doors
    • Support cages

NOTES:

A. A company that subcontracts structural modifications in their entirety will not be considered a Structural Modifier and cannot be accredited as such. All structural subcontracting must be made to currently accredited QAP Structural Modifiers.

B. A company performing structural modifications that subcontracts only their welding to certified welders will be considered a Structural Modifier.  The Structural Modifier must have a copy of the subcontractor’s welding certificates on file.

C. A company that subcontracts structural modifications cannot be advertised as if such modifications are performed there, nor can this be implied.

Type 3 – High-Tech Driving System Installer:

This is an accreditation to install high-tech primary driving systems including, but not limited to:

    • Low and zero effort steering systems with backup
    • Low and zero effort braking systems with backup
    • Electronic and pneumatic gas/brake
    • Horizontal, joystick, hydraulic, and electronic steering systems
    • Touch pads/secondary controls (requiring electrical)

Type 4 – Off-Site Installer:

This is an accreditation to perform installations and servicing off-site. An Off-Site Installer must still have a permanent shop location and a dedicated vehicle for this purpose. Off-Site installations are limited to specific (low tech) equipment such as hitch mounted equipment and other equipment that can be performed at a client’s home where ambient environmental and working conditions allow for safe and proper installations. All of the requirements for Off-Site installation and servicing are found in the NMEDA Guidelines.

Note: Additional insurance may be required to cover work performed off-site. Consult your insurance carrier for more information.

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VI. NMEDA QAP Accreditation and On-going Membership Process

The QAP accreditation process is detailed in this section. There is additional information and links to electronic forms provided on the NMEDA website at www.nmeda.org/documentcenter.

A.  Complete a NMEDA Member or QAP Non-Member Application

Request the member (or QAP Non-member) application directly from NMEDA or visit the NMEDA website.

B.  Submit required documentation to NMEDA

  1. Certificates of Training: Furnish copies of certificates of training from all manufacturers listed on your application form. Some manufacturers may not offer factory training and/or certificates. A letter stating authorization to sell and/or install their product must be furnished in lieu of a certificate.
  1. Welding: US applicants must submit a welders’ certification to AWS D1.1 or AWS D1.3 if structural modifications are made. If welding is contracted out, a copy of that welder’s certificate must be included with the application. Test welds for certification must be done in accordance with AWS D1.3 sheet metal welding code or AWS D1.1 structural welding code.

Canadian applicants must submit a welders’ certification to the Canadian Welding Bureau Group (CWB Group) to CSA W47.1 Fusion Welding of Steel standard.

Note: All welding for any accreditation type shall be performed by certified welders in accordance with Guidelines Section 3. While only applicants seeking accreditation as Structural Modifiers need to submit their welding certifications during the application process, all welders for other accreditation types (when necessary) are expected to have certification on file and make this certification available upon request.

  1. NHTSA Modifier Registration: Applicants are required to register as a modifier on the NHTSA website. Registration will be verified at the initial and annual audits.

Canadian applicants must submit a copy of the National Safety Mark from Transport Canada if they do structural modifications.

  1. Insurance Certificate: An insurance certificate that meets the requirements of Section VII “Program Requirements.”
  2. Quality Control Manual: The applicant shall acknowledge they can comply and abide by the NMEDA approved QC Manual (QAP-F08) that is provided as part of the QAP administration software. Dealers who want to use their own version of the QCM can do so by submitting it to NMEDA for approval and then uploading the manual in the QAP administration software location documentation section.

C.  Payment / Annual Audit Fee

Payment for membership dues or non-member accreditation fees and the initial audit fees must be included with the application.

D.  Missing Documentation

If the application does not contain all the required information/documents the applicant will be sent written notice within 10 working days of receipt of the application that documentation is missing. The applicant must supply missing documentation to NMEDA within 30 days. If the missing documentation is not received within the 30 days allowed the application process will be terminated. QAP accreditation fees are non-refundable.

E.  Auditing Firm Notification of Application Approval

Once the application is approved, NMEDA will forward all relevant documents and applicant information to the audit firm. The audit firm will contact the applicant within fourteen (14) days to schedule the initial audit. The initial audit must be completed within six (6) weeks of application approval.

F.  Initial QAP Accreditation

After successful completion of the initial audit, NMEDA will issue the QAP certificate of accreditation. The accredited location may then make use or reference to NMEDA and/or QAP in advertising, electronic media, labels on vehicles, or printed materials.

G.  Subsequent Audits and Billing

Subsequent audits by the audit firm will take place annually, generally within one year from the initial accreditation date or the prior year’s audit; however, more or less time, at the discretion of NMEDA and the audit firm, is acceptable to allow for efficient audit groupings (travel logistics).

The invoicing is made from, and payable directly to NMEDA. Audit fees are not included with membership dues, or with non-member QAP accreditation fees and are billed separately.

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VII. Program Requirements

A. Insurance

    • Garage Keeper’s Liability
    • Product and Completed Operations policy.  This must be specifically named and listed as a separate coverage.  It may be contained in the general liability policy or in the Garage Keepers’ policy but must be identified specifically.  Product and Completed Operations must have limits of $1,000,000 per occurrence.  Minimum limits on these policies must be $1,000,000 aggregate and be listed on the certificate.
    • NMEDA will be named as a Certificate Holder and a copy of the certificate and all renewals must be provided to NMEDA.

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B. QAP Labeling Program

The purpose of the QAP labeling program is to show certification from the accredited location that the modification performed was completed in accordance with the QAP and Guidelines and to track all personal and commercial use mobility vehicles modified and/or sold by QAP accredited locations. The NMEDA QAP label is to be placed on ALL personal and commercial use vehicles modified and/or sold with new and/or used mobility equipment (including pass-through vehicles). NMEDA or their representative will track the sale and use of these labels.

    1. Ordering and Issuance of QAP Labels – The accredited location must purchase labels directly from NMEDA at a cost of $2.00 USD per label. Additional information and FAQs for the labeling policy, including the “QAP Label Decision Tree” can be found on the NMEDA website in the member document center.
      If the accredited location has any outstanding, overdue, or unpaid audit fees, invoices, or membership dues the labels will not be issued or shipped until all of these fees/invoices/dues are paid. The QAP label fee is subject to change periodically.

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C. QAP Online Administration

All accredited QAP locations are required to utilize one of the NMEDA approved QAP online applications for administering QAP and entering all jobs completed within the scope of QAP. This includes Customer File, Training, Calibration, and Insurance requirements as provided herein.

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D. Customer File

The collection of specific job information, forms, and documents is called the ‘customer file’. Each job shall have a QAP Label number assigned that is correlated to the customer file for traceability. Throughout the process, an accredited location must maintain the following records in conjunction with the QAP Program. All records shall be retained for a minimum of seven years (electronic storage is acceptable) and be provided to NMEDA or the audit firm representative upon request.

 The customer file information must contain:

a. The QAP Label number assigned to the job.
b. Customer information including full name and address.
c. Vehicle information including make, model, model year, mileage, VIN, and modification information including conversion details.
d. Job details describing the work performed and all adaptive equipment installed including manufacturer name, model number, and mobility equipment category.
e. The names of the technicians who performed, and in the case of an uncertified technician, the name of the person who supervised the work.
f. Completed final inspection checklist for the activities carried out
g. Evidence that the customer was provided instruction on the use and maintenance of the adaptive equipment installed.
h. Completed Vehicle Delivery Confirmation form.
i. Additionally, if applicable and/or required by the Guidelines:

a. For all personal use vehicles and commercial vehicles modified for an individual, family, or specific driver:

b. For all other non-personal use commercial vehicles:

      1. NHTSA Make Inoperative form
      2. Weight analysis (10K lb GVWR and under)
      3. Wiring diagram

NOTE: Documents that may include sensitive information such as a driver’s license and Driver assessment reports are NOT uploaded into the QAP online application; however, these documents must be retained on file with the dealer for at least seven years and be provided to NMEDA or the audit firm representative upon request.

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E.  Evidence of Training

Manufacturer training certificates must be maintained for all individuals who perform (and/or supervise) the work defined in the job details as well as the required NMEDA Certified Technician (NCT) online trainings.

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F. Evidence of Calibration

The accredited location must have a process in place, which ensures that only calibrated equipment/tools (such as torque wrenches, multi-meters, and four-corner scales) are accessible to the technician and that these devices are subject to calibration on a prescribed schedule. All calibrations shall be made by a company or lab certified to ISO 17025 or ANSI/NCSL Z540 and be traceable to NIST (US) or Measurements Canada.

a. Four-Corner Scales: NHTSA requires that load carrying capacity measurements are made using a scale that has an accuracy of one percent (1%) of the scale reading and that the calibration is traceable to NIST (US Scales). For Canada, scales must be traceable to Measurements Canada. The calibration interval shall be one-year (1 yr) maximum. The accredited location shall be able to provide a calibration record that shows the calibration is current and the weight used traceable to NIST or MC.

b. Torque Wrench(s): QAP requires that technicians use calibrated torque wrenches for any installation requiring a specific torque value per the guidelines or the manufacturer/OEM instructions. The calibration interval shall be as-per the manufacturer recommendation or, if not specified by the manufacturer, one-year (1 yr). The accredited location can employ a ‘per-use’ method of counting the number of cycles used, but if using this method, there shall be a documented process that is pre-approved by NMEDA. Evidence of calibration certification is required.

c. Multi-Meter: Multi-meters are not required to be calibrated for purposes of checking grounds or troubleshooting. However, if the installation instructions from the manufacturer or guidelines require the accredited location to document quantitative data for acceptance, any such measurement shall be made with a calibrated multi-meter and the accredited location shall be able to provide evidence of calibration certification.

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G.  Access to Employee and Customer Files

The accredited location agrees to permit NMEDA, or its designated agent, to inspect records pertinent to this program, including customer and employee files during normal business hours in order to verify that technicians have valid certification, and that the labeling policy is being followed.

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H.  Business Changes Requiring Notification

Any changes to the business location must be submitted to NMEDA. Changes to Calibrated Tools or Product Listing are uploaded directly to the QAP Administration Software.

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      I.  Dealer QAP Process Flow

Each accredited location follows a documented process and sequence of events that are necessary to satisfy the needs of the customer. A sample of the process flow is shown in figure 1. Note that the specifics of the docs/form names may differ in the QAP online application.

[figure 1 – process flow]

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J. Structural Vehicle Modifications:

All structural modifications shall comply with any/all applicable Guidelines and be performed using documented work instructions. The accredited location shall be able to provide (upon request) evidence of successful testing and/or engineering analysis certifying compliance to all applicable F/CMVSS.

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K. Mandatory Audits:

All QAP accredited locations are audited annually by the audit firm. The audit process and method are determined in a manner that will sufficiently assess adherence to the QAP program Rules and Guidelines.

At the completion of the audit, the audit results are sent to NMEDA headquarters for final review and disposition. A copy of the audit report is put into the accredited location’s QAP file.  The location’s QAP Contact will be advised by NMEDA of any discrepancies or findings in their audit report and notified of any corrective actions that are required to be completed to maintain QAP accreditation when necessary.

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L. Facility Specifications and Compliance Policy:

NMEDA QAP accredited locations are required to have shop facilities with the following minimum specifications:

        1. An indoor permanent shop service area, separate from a showroom, which has a minimum of five (5) feet (1.524 meters) of clear floor space around the perimeter of the vehicle (including any fully deployed ramp or lift) to allow the client to safely maneuver around, into, and out of the vehicle;
        2. Have a vehicle entry door of sufficient size to allow safe entry/egress of all vehicles sold and serviced.
        3. To be in compliance with the Americans with Disabilities Act (ADA).

A QAP accredited location, whose facility does not comply with the Shop Facility Specifications will be given time to comply according to the following timetable.

        • Within six months of notification that the location is out of compliance, the location will provide NMEDA with a documented plan to correct the facility according to the standard.
        • The location will then have up to twelve (12) additional months to complete the planned action(s) that will bring the facility into compliance with the standard.
        • Failure to comply with this policy will result in an immediate suspension from QAP until the policy is adhered to by submitting a facility compliance plan to NMEDA and/or correcting the physical building structure.

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M. Equipment Requirements:

NMEDA QAP accredited locations shall have all the equipment and tools necessary to comply with the manufacturer’s installation instructions. The equipment type/model used shall be capable (appropriate range, precision, and unit of measure) of achieving the specification given in the instructions or standard. At a minimum, each accredited location shall have the following equipment:

        • Four-Corner scales (calibrated**)
        • Multi-meter1 (used for continuity and electrical measurements, ohms and volts)
        • Floor jack and jack stands, or vehicle hoist
        • Crimping tools of appropriate type for connectors used in the shop
        • Air compressor and air tools or appropriate corded/cordless tools
        • Torque wrench(s) (calibrated**)

**See “Evidence of Calibration” section for specific requirements
1 – if the multi-meter is used for any quantitative acceptance data, it must be calibrated

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N. 24/7 Emergency Service:

NMEDA QAP accredited locations must have a system in place that allows customers easy access to an after-hours answering service, or service telephone number.  Accredited locations must respond to a service call within 30 minutes and provide emergency assistance as warranted.

The service person responding is expected to:

        1. Respond within 30 minutes to a service call.
        2. Verify that the situation is not life threatening.
        3. Confirm whether the problem is related to the conversion.
        4. Attempt to talk the customer through a corrective action/emergency backup procedure.
        5. Confirm that the customer has completed the necessary corrective action and can safely get home and advise the customer to call again with any other problems.

NOTE: If the customer cannot complete the corrective action, the accredited location is expected to advise the customer that a service person will be dispatched.

If a service person must be dispatched for a road call, the service person is required to:

        1. confirm that the customer is in a safe location, and confirm any directions needed to find the customer.
        2. inform the customer that the emergency service will likely be a temporary repair, intended only to get the customer safely home. Therefore, a subsequent service appointment must be scheduled during normal service hours.
        3. confirm their approximate arrival time.
        4. confirm the approximate cost of the service call (if the service is not covered under warranty).

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O.  Out of Area Service Requirements**:

All vehicles outfitted with new warrantied mobility products for use by individuals with disabilities that are delivered to a customer whose primary residence is out of the seller’s service area must have a service agreement in place. The Out of Area Service Agreement Form (QAP-F33) is completed in one of the following ways:

          • The client agrees to have the service provided by the seller, regardless of the distance to the location (complete Out of Area Service Agreement Part A)
          • The seller makes arrangements with another QAP accredited location in the client’s local area who is certified to perform the service (complete Service Agreement Part B)
          • If there are no qualified QAP accredited locations in the client’s local service area, or no QAP accredited locations in the area willing to perform the service, a waiver of the service requirement is necessary. See section “Customer Waiver of Service Area Requirement” and complete Out of Area Service Agreement Part C.

A service area is defined as an area within 100 miles (160 km) or 2 hours drive time (whichever is shorter in the best judgment of the selling accredited location) from which a location can reasonably service customers to the level of service expected of a QAP compliant location.  The servicing QAP accredited location is required to have technicians certified to service the mobility products installed by the selling accredited location.

The definition of this proximity assumes that customers who purchase a vehicle, adaptive equipment, or both, will drive the distance for repairs to a QAP accredited location, and ensures that 24/7 emergency service can be administered on behalf of the customer in a reasonable and timely manner.

Customer Waiver of QAP Service Area Requirement:

        1. If there is no QAP accredited service location within 100 miles (160 km) or 2 hours drive time from the customer’s place of residence, and the customer does not want to have the selling dealer service the vehicle, complete section C (1) of the Out of Area Service Agreement Form.
        2. If there is an accredited location in the service area but they do not have technicians qualified to perform the work, complete section C (2) of the Out of Area Service Agreement Form.
        3. If the selling accredited location has called at least four (4), or all of the lesser number available, of the QAP accredited locations within 100 miles (160 km) or 2 hours drive time from the customers place of residence and none of the locations are willing to service the customer, complete section C (3) of the Out of Area Service Agreement Form.

** This section not applicable to non-personal use commercial vehicle sales, however dealer is expected to have service policy for the commercial customer.

Misrepresentation of Service Availability:

Without first establishing written service agreements, no QAP location shall state or imply to a client or potential customer that following a sale, ANY location can or will provide service to the vehicle or adaptive equipment package.

Final Delivery and Acceptance Requirements:

The accredited location shall provide training, demonstration, and documentation of final delivery as per Guidelines 4.5.3 and 4.5.4.

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P. QAP Contact:

A QAP Contact (Primary) shall be assigned for each accredited location. The QAP Contact shall complete and maintain all required QAP training as defined under Required Training. The QAP Contact must be employed at the location and shall be the main point of contact within the organization that all QAP relevant information flows through (from NMEDA, audit firm, etc.). The QAP Contact’s name, phone number, and email address shall be provided to NMEDA and listed in the accredited location’s NMEDA member portal. It is the accredited location’s responsibility to assure the NMEDA member portal information is accurate and up to date.

The QAP Contact has the responsibility to receive inbound information and disseminate the information, as appropriate, to the accredited location’s internal workforce. The QAP Contact will be the main point of contact for audit scheduling, corrective actions, email notifications, and any other pertinent information. The QAP Contact shall host or be available during all audits. NMEDA shall be notified immediately if there is any change to the QAP Contact.

The accredited location may opt to assign a Secondary QAP Contact in the NMEDA database. The Secondary is a backup to the Primary and is copied on, but not responsible for, all correspondence and actions.

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Q. Final Inspection:

All final inspections performed by the accredited location shall be accomplished by an employee (herein known as the ‘inspector’). The inspector should be a person other than the technician who installed, serviced, or modified the mobility equipment shown in the job details. The inspector, as a minimum, shall have: (a) current certification from the mobility equipment manufacturer(s), or (b) current NMEDA QAP training.

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R. Required Training:

1.  NMEDA Certified Technician (NCT): All accredited locations shall have at least one NMEDA Certified Technician on staff. Recertification is required every two years. Details of the program, its requirements, and how to become certified can be found in the dealer education section of the NMEDA website. In the event that an accredited location’s NCT is no longer employed with the company, the location will be given up to six (6) months from the date of employment termination to certify a new NCT on staff. The NCT requirement does not exempt any Manufacturer or NMEDA required training.

2. QAP Primary Contact Training: The QAP Primary Contact is required to complete QAP training. Recertification is required every two years.

3. Technician Training: Technicians are required to be certified for all mobility equipment they install and service.

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S. Off-Site Installation and Servicing

The Off-Site Installation and Servicing policy applies to all locations in good standing that are accredited as (Type 4) “Off-Site Installer”. Off-Site installations are limited to low-tech category. Off-Site installations exclude primary and secondary driving controls, high-tech, and structural modifications.

Locations accredited as an Off-Site Installer are required to have a permanent shop facility in accordance with Rules Section VII.L and comply with the Off-Site Installation and Servicing policy defined in the NMEDA Guidelines.

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T. Regulatory Compliance:

New Conversions* – The participant shall be in possession of, and be able to produce evidence that NMEDA determines, in its sole discretion, establishes compliance with identified regulatory requirements for all personal-use, new conversions the participant advertises, offers for retail sale or sells at retail.

Conversions that have been reviewed and accepted by NMEDA’s Compliance Review Program (CRP), and posted to the NMEDA website, meet the requirement above.

For those conversions not posted to the NMEDA website, acceptable forms of evidence include:

        • a NMEDA-specific test report summary from a NMEDA-authorized third-party test lab or NMEDA-authorized engineering firm stating compliance to all applicable regulatory standards; or
        • an acceptance statement from NMEDA CRP, based on CRP’s established, objective criteria.

Absent the ability to meet, or to objectively prove satisfying, the compliance evidence threshold, offering for retail sale or selling at retail a personal-use, new conversion a is a rule violation that may result in the suspension of the participant’s QAP status.

* = for purposes of this subsection, “new conversion” is defined as: a converted vehicle which has not been the subject of a retail sale since the conversion; or, a customer-owned vehicle which the participant offers to convert, or causes to be converted.

** All personal-use conversions are required to be posted, commercial vehicle conversions that are not posted are required to meet all applicable federal, state, and DOT regulations.

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U. Subcontracted Work

If there is any work within the scope of the QAP subcontracted out, the subcontractor must be an accredited QAP location and listed in the job details. This section does not apply to work subcontracted out directly to a manufacturer exclusively for the installation of the manufacturer’s own product(s). A manufacturer doing subcontracted work for a dealer is required to provide the dealer with evidence of insurance adequately protecting the customer’s vehicle while in transit and while in the manufacturer’s possession. The dealer shall retain such evidence of insurance.

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V. Mediation Process

All QAP accredited locations, regardless of membership status, are subject to the provisions of the NMEDA mediation process and shall abide by the decisions thereof.

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VIII. Status of NMEDA QAP Accreditation

A. Application Pending:

Once the application, all required materials, and payment for the initial audit and dues (if applicable) is received by NMEDA, the applicant will be put in pending status.

B. Accredited / Good Standing

The participant will be placed in accredited / good standing status upon successful completion of the initial audit.

C. Suspended

See Section IX.

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IX. Suspension, Termination, and Reinstatement

QAP accreditation may be suspended for noncompliance with: program requirements as defined herein; the NMEDA Bylaws (for NMEDA members); or the Dealer Participation Agreement.

QAP accreditation may also be suspended for providing false information to NMEDA or the audit firm.

Non-Compliance – Audit Findings:

1. Major findings – Corrective action on a major finding must be completed within 14 days of the location’s receipt of notification or the location will be suspended.

2. Minor findings – Corrective action on a minor finding must be completed within 28 days of the location’s receipt of notification or the location will be suspended.

A suspended location that complies with all corrective actions or Mediation’s directive within 120 days of suspension notification will be reinstated.

Failure to comply with all corrective actions or Mediation’s directive within 120 days of suspension notification will result in termination of accreditation. Upon presenting evidence of compliance, the location may reapply for QAP accreditation subject to the fees appropriate for any first-time applicant.

Additionally, a location that applies QAP labels while suspended will be terminated. Twelve months after termination, the location may reapply for QAP accreditation subject to the fees appropriate for any first-time applicant.

Upon receipt of notification of termination from the program the location forfeits all fees and must immediately:

Cease making any reference that indicates QAP and/or NMEDA on modified vehicles, websites, invoices, advertising, publicity, or other releases.

Return all labels to the Administrator. The location also forfeits all funds paid to Administrator for the labels.

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X. Complaint Process

All complaints are handled via the documented Mediation Process.

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XI. Privacy Policy

Information provided by the accredited location including the application, insurance policies, training and welding certifications is confidential and will only be shared with the audit firm as necessary; audit reports are confidential.  NMEDA will only provide forms and documentation to third parties as required by a court of law.

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XII. NMEDA QAP Buy/Sell Regulations and Procedures

A.  An entity acquiring an existing QAP location(s) must submit a “Change in Ownership” Form (QAP-F35) for each location within 30 days of taking ownership. Failure to comply may result in suspension of accreditation.

B.  If the buyer (purchasing entity) currently operates QAP accredited location(s), and is purchasing a QAP location(s) that is in good standing, then the newly acquired location(s), with NMEDA approval, may continue to operate as QAP in good standing, provided all required documentation has been submitted.

C.  If the buyer (purchasing entity) currently operates QAP accredited location(s), and is purchasing a location(s) that is not in good standing, then the newly acquired location(s), with NMEDA’s approval, may be granted, if requested, a “Conditional” QAP accreditation to carry them over until the time the initial audit is completed, provided all required documentation and payment have been submitted.

D.  A buyer who does not have an existing QAP accredited location is considered a new applicant and the new owner must follow the accreditation process described in section VI.

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XIII. QAP Location Change Policies – Other

A.  Facility Relocation – If a store relocates to a different mailing address, that accredited location shall notify the NMEDA office with the new information no later than thirty (30) business days after the move. Notification shall include updated Quality Control Manual.

B.  Name Change – If an accredited location changes its legal business name, that location shall notify the NMEDA office with the new information no later than thirty (30) business days after the name change.

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APPENDIX A – AUDIT FINDINGS AND ACTIONS MATRIX

FINDING / CLASS
NMEDA ACTION
QAP CONTACT ACTION
AUDIT FIRM ACTION
DISPOSITION

Major

CLASS 1

QAP Program Manager will issue a formal Corrective Action Request (CAR) to the primary QAP Contact. The CAR will include a description of the finding, along with a due date for response. Once there is evidence the QAP Contact has been notified their membership status will be changed to “Suspended” until the time the CAR is completed and approved. QAP Contact is required to identify the root cause of the finding and complete the action necessary to prevent the finding from recurring. The QAP Contact completes the CAR through the member portal by the due date or asks for an extension. Verification of the effectiveness of the corrective action will be evaluated during the next scheduled audit. The CAR will be closed when approved by NMEDA and a record of the finding recorded. If the CAR is not approved, NMEDA will reply to the QAP Contact with any further actions. Failure by the QAP Contact to respond to the CAR or perform the steps necessary to close the CAR will result in continued suspension and may lead to termination from the QAP.

Major-OSAR
(out-of -sequence audit required)

CLASS 1

QAP Program Manager will issue a formal Corrective Action Request (CAR) to the primary QAP Contact. The CAR will include a description of the finding, along with a due date for response. Once there is evidence the QAP Contact has been notified their membership status will be changed to “Suspended” until the time the CAR is completed and approved. QAP Contact is required to identify the root cause of the finding and complete the action necessary to prevent the finding from recurring. The QAP Contact completes the CAR through the member portal by the due date or asks for an extension. Once the CAR is closed, NMEDA will notify the Audit Firm to schedule an out of sequence audit. The Audit Firm will complete the audit and provide the results to NMEDA for review. The CAR will be closed when approved by NMEDA and a record of the finding recorded. If the CAR is not approved, NMEDA will reply to the QAP Contact with any further actions. Failure by the QAP Contact to respond to the CAR or perform the steps necessary to close the CAR will result in continued suspension and may lead to termination from the QAP.

Minor

CLASS 2

QAP Program Manager will issue a correspondence to the primary QAP contact notifying them of the action that is necessary to close the Minor finding and the due date to avoid further action or suspension. The facility’s membership status remains in good standing. QAP Contact is required to complete all actions necessary including providing objective evidence to satisfy the QAP Program Manager that the action is completed. Verification of the effectiveness of the action will be evaluated during the next scheduled audit. The Minor finding is closed when the QAP Program Manager issues confirmation back to the QAP Contact. In the event the QAP Contact does not respond to the action(s) by the due date(s) assigned by the QAP Coordinator, the facility’s membership status will be changed to “Suspended” and remain suspended until the issue is resolved.

Opportunity For
Improvement (OFI)

CLASS 3

 

No Action, the information is recorded on the audit report but is not counted as a finding. No Action is formally required by the QAP Contact, but they should consider the opportunity and if it can improve the product or process. Additionally, the QAP Contact should consider its potential consequences for future audits. The auditor will review OFIs recorded from previous audits during pre-audit preparation and observe if the condition is acceptable during the next scheduled audit. None

NOTES:

Two consecutive suspensions demonstrate a lack of commitment and should result in the removal of NMEDA QAP accreditation for a period of not less than six (6) months.

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