Current through Register 1531, September 27, 2024
(1)
Introduction.
(a)
Authority. 310
CMR 60.02 is promulgated by the Commissioner of the Department of Environmental
Protection pursuant to M.G.L. c. 111, § 142M and c. 21A, §§
2(28) and 16.
(b) Headings are for
convenience only and do not affect the substance of 310 CMR 60.02.
(c)
Purpose. 310 CMR
60.02 establishes a program to inspect the emissions of motor vehicles and to
ensure that a vehicle that fails an emissions inspection is repaired properly
in a reasonable time period, the motorist obtains a waiver for the vehicle, or
the vehicle's registration is suspended in accordance with
540 CMR 4.00: Annual
Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
Trailers, Semi-trailers and Converter Dollies.
(d)
Severability.
Each subsection of 310 CMR 60.02 shall be deemed severable, and in the event
that any subsection of 310 CMR 60.02 is held invalid, the remainder shall
continue in full force and effect.
(2)
Definitions. The
following words and phrases when used in
310 CMR 60.00, except as
otherwise required by the context, have the following meanings.
All Wheel Drive Vehicle means a motor
vehicle in which all four wheels are constantly and automatically connected to
the drive train.
Assembled Vehicle means a unique
vehicle constructed from parts of other motor vehicles.
Certified Configuration means the
constituent parts of a motor vehicle necessary to maintain the vehicle in
conformance with any approval or order issued by the U.S. Environmental
Protection Agency or the California Air Resources Board certifying the vehicle
as meeting applicable emissions standards.
Commissioner means the commissioner of
the Department of Environmental Protection or his or her designee.
Custom Vehicle means a motor vehicle
for which the year of manufacture is after 1948, for which the model year is at
least 25 years old and that has been altered from the manufacturer's original
design or has a body constructed, in whole or in part, from non-original
materials.
Cutpoint means the motor vehicle
emissions level above which a vehicle fails an emissions inspection and at or
below which a vehicle passes an emissions inspection.
Data Link Connector means the
connector where diagnostic scan tools interface with the vehicle's on-board
diagnostic system.
Department means the Massachusetts
Department of Environmental Protection.
Diagnostic Trouble Code means a code
stored in the On-board Diagnostics (OBD) system indicating the reason the
malfunction indicator light is (or was) illuminated.
Diesel Engine means an engine using a
compression ignition thermodynamic cycle.
Diesel Vehicle means a vehicle powered
by a diesel engine.
Dynamometer means a device which
applies a load to a vehicle's drive wheels during an emissions inspection while
the vehicle is being operated in a stationary and secure position to simulate
actual driving conditions.
Emission Control System means any
device or combination of parts designed by the manufacturer to control the
emissions of a motor vehicle.
Emissions Certification Category means
the category of vehicles certified to the same emissions standard within a
vehicle class.
Emissions Inspection or
Inspection means the procedures specified by the
Department that determine whether a vehicle meets emissions inspection
standards provided in 310 CMR 60.02(12).
Emission Repair means repair of a
motor vehicle for the purpose of such vehicle passing or attempting to pass an
emissions inspection.
Glider Kit means a vehicle body,
including cab, which is placed upon the chassis with its original drive train,
of a vehicle with a Gross Vehicle Weight Rating (GVWR) of more than 10,000
pounds that changes the function or capacity of the original chassis, and which
creates a need for a change to the Vehicle Identification Number (VIN) because
the cab has been replaced. Modifications to the original chassis may be
necessary to allow installation of the glider kit.
Gross Vehicle Weight Rating (GVWR)
means the maximum loaded weight for which the vehicle is designed, as specified
by the vehicle manufacturer.
Heavy Duty Diesel Vehicle means a
motor vehicle with a GVWR greater than 14,000 pounds, equipped with a diesel
engine, and operating on any fuel or combination of fuels.
Heavy Duty Nondiesel Vehicle means a
motor vehicle with a GVWR greater than 14,000 pounds, not equipped with a
diesel engine, and operating on any fuel or combination of fuels.
Initial Inspection means the first
inspection of a vehicle under 310 CMR 60.02 or any subsequent inspection where
the vehicle passed the previous inspection, received a waiver, or received an
economic hardship failure repair extension.
Inspection
See
definition for emissions inspection.
Inspection Certificate means a written
statement indicating:
(a) that the
required inspection for a motor vehicle has been performed and the motor
vehicle inspected has passed or failed said inspection; or
(b) that the motor vehicle is exempt from the
inspection.
Said certificate shall be in a form prescribed by the Registrar
and the Commissioner.
Inspection Fee means the fee
established by the Commonwealth and paid by the motorist for a motor vehicle
inspection pursuant M.G.L. c. 7, § 3B.
Inspection Station means a facility
that is licensed by the Registry to conduct motor vehicle safety and emissions
inspections.
Inspector means any properly trained
person with a valid certification from the Department and licensed by the
Registry to perform motor vehicle safety and emissions inspections.
Kit Vehicle means a
specially-constructed vehicle or a replica vehicle, the production volume of
which is less than 500 vehicles per year.
Light-duty Diesel Vehicle means a
vehicle with a GVWR of 8,500 pounds or less, equipped with a diesel engine, and
operating on any fuel or combination of fuels.
Light-duty Nondiesel Vehicle means a
vehicle with a GVWR of 8,500 pounds or less, not equipped with a diesel engine,
and operating on any fuel or combination of fuels.
Malfunction Indicator Light means the
instrument panel light used by the OBD system to notify the vehicle operator of
an emissions related problem.
Medium-duty Diesel Vehicle means a
vehicle with a GVWR greater than 8,500 and less than or equal to 14,000 pounds,
equipped with a diesel engine, and operating on any fuel or combination of
fuels.
Medium-duty Nondiesel Vehicle means a
vehicle with a GVWR greater than 8,500 and less than or equal to 14,000 pounds,
not equipped with a diesel engine, and operating on any fuel or combination of
fuels.
Model-year means the vehicle
manufacturer's annual production period for each engine family which includes
January 1st of a calendar year or, if the
manufacturer has no annual production period for the engine family, the year in
which the vehicle was manufactured. If a motor vehicle is manufactured in two
or more states, the model-year shall be determined by the date on which the
chassis is completed.
Motor Vehicle or
Vehicle means any equipment or mechanical device
propelled primarily on land by power other than muscular power, including
passenger vehicles and trucks operating on any fuel type. "Motor vehicle" or
"vehicle" does not mean railroad or railway engines or cars, vehicles operated
by the system known as trolley motor or trackless trolley, vehicles used
primarily for off roadway use such as construction and farm equipment, or
devices used for domestic purposes such as a lawnmower or snowblower.
Motor Vehicle Inspection and Maintenance
Program means the program for the inspection and repair of motor
vehicles conducted in accordance with the combined emissions and safety
regulations established by the Department and the Registry pursuant to 310 CMR
60.02 and
540 CMR 4.00: Annual
Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
Trailers, Semi-trailers and Converter Dollies, respectively.
Motorist means the person in control
of a vehicle subject to the motor vehicle inspection and maintenance
program.
New Vehicle means a motor vehicle to
which the equitable or legal title has never been transferred to an ultimate
purchaser.
Non-manufacturer means a person
constructing or assembling a specially-constructed vehicle or a replica vehicle
for personal use and not for resale.
On-board Diagnostics System (OBD
System) means a system, as installed and programmed by the
original equipment manufacturer or its designee, or by a vendor recognized or
authorized by the U.S. Environmental Protection Agency or the California Air
Resources Board or the original equipment manufacturer to install or program
such system according to the requirements of the U.S. Environmental Protection
Agency or the California Air Resources Board of vehicle components and
condition monitors and sensors controlled by an on-board computer running
software designed to signal the motorist when a problem is detected with an
emissions control system or component, or with the on-board diagnostic
system.
On-board Diagnostics Test (OBD Test)
means an assessment of the condition of a vehicle's emissions control system,
including the vehicle's OBD system, pursuant to Department inspection
procedures established pursuant to 310 CMR 60.02, including workstation
software prompts.
Opacity Test means an emissions test
of a diesel vehicle's exhaust performed by measuring the density of the smoke
that the vehicle emits. Such test may be performed while the vehicle is under
load on a dynamometer according to Department-approved inspection
procedures.
Original Equipment Manufacturer means
the entity that originally manufactured the motor vehicle or motor vehicle
engine prior to sale to the ultimate purchaser.
Person means an individual, agency or
other government entity, corporation, partnership, association, or similar
entity.
Readiness Codes means the codes stored
by a vehicle's OBD system that indicate whether a vehicle's OBD system has been
able to complete its checks for proper functioning of the vehicle's
emissions-related components and systems.
Registered Repair Technician means any
person registered with the Department who meets the Department's standards for
registration.
Registrant means the person to whom a
certification of registration is issued pursuant to
540 CMR
2.00: Motor Vehicle
Regulations.
Registrar means the Registrar of the
Registry of Motor Vehicles.
Registry means the Registry of Motor
Vehicles.
Reinspection means any emissions
inspection performed on a motor vehicle after it has failed an emissions
inspection and repair has been attempted.
Repair Form means the form provided by
the inspector to the motorist whose vehicle has failed the emissions inspection
to record the type and cost of emissions repairs performed on the
vehicle.
Replica Vehicle means a motor vehicle
constructed or assembled by a non-manufacturer from new or used parts that,
when assembled, replicates an earlier year, make and model vehicle.
SAE JI667 Opacity Test means
The Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicle, 1996-02, issued by the Society of Automotive
Engineers (SAE), as modified by the Department.
Specially Constructed Vehicle means a
motor vehicle reconstructed or assembled by a non-manufacturer from new or used
parts, the exterior of which does not replicate or resemble any other
manufactured vehicle.
Street Rod means a motor vehicle for
which the year of manufacture is prior to 1949, and which has been altered from
the manufacturer's original design or has a body constructed from non-original
materials.
Tampering means the act of a person to
remove or render inoperative any device or element of design installed on or in
a motor vehicle in compliance with regulations under § 203(a) of the
federal Clean Air Act, or to cause a vehicle to operate using a fuel which the
vehicle is not certified to use, or to operate on a fuel not approved or
certified by the U.S. Environmental Protection Agency or the California Air
Resources Board.
Transient Loaded-mode Test means the
portion of the emissions inspection administered while the vehicle is operating
on a dynamometer.
Two-speed Idle Test means an emissions
measurement taken while a vehicle is operating first at idle, then while the
engine is operating at 2500 revolutions per minute with the transmission in
neutral, and a final time when the vehicle is again operating at idle.
Ultimate Purchaser means, with respect
to a motor vehicle or motor vehicle engine, the first person who in good faith
purchases or leases the motor vehicle or motor vehicle engine for purposes
other than resale.
Used Motor Vehicle means a motor
vehicle owned or leased by any person other than the ultimate purchaser for
purposes other than resale.
Vehicle Class means a category to
which a vehicle is assigned by the U.S. Environmental Protection Agency or the
California Air Resources Board pursuant to their requirements for certifying
the vehicle as meeting applicable emissions standards.
Vehicle Identification Number or
VIN means a unique number assigned to each vehicle by
the vehicle manufacturer or the Registry.
Workstation means the complete set of
inspection equipment approved by the Department and required by the Registrar
by or pursuant to
540 CMR 4.00: Annual
Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
Trailers, Semi-trailers and Converter Dollies for an inspection
station.
(3)
Applicability.
(a)
The following motor vehicles are subject to emissions inspection except as
otherwise provided at 310 CMR 60.02(3)(b):
1.
all motor vehicles registered in Massachusetts;
2. any motor vehicle owned or operated by a
federal agency in Massachusetts (regardless of whether such vehicles are
registered in Massachusetts); and
3. diesel vehicles with a GVWR greater than
10,000 pounds operating on Commonwealth roads but not registered in
Massachusetts.
(b) The
following motor vehicles are exempt from the emissions inspection:
1. any diesel vehicle with a model year
earlier than 1984;
2. any light
duty diesel vehicle with a model year earlier than 1997 or 15 or more model
years old;
3. any medium duty
diesel vehicle with a GVWR of not more than 10,000 pounds and with a model year
earlier than 2007 or 15 or more model years old;
4. any light duty nondiesel vehicle with a
model year earlier than 1996 or 15 or more model years old;
5. any medium duty nondiesel vehicle with a
model year earlier than 2008 or 15 or more model years old;
6. any heavy duty nondiesel vehicle not
equipped with an OBD system or 15 or more model years old;
7. any new vehicle registered first in
Massachusetts for the motor vehicle inspection upon its initial registration to
the ultimate purchaser, except a kit vehicle;
8. tactical military vehicles;
9. any motor vehicle or class of motor
vehicles determined by the Department to present prohibitive emissions
inspection problems or to be inappropriate for emissions inspection;
10. any motor vehicle operated exclusively by
electric power;
11. any vehicle
that has been granted a waiver or exemption by the U.S. Environmental
Protection Agency or the California Air Resources Board from emissions
standards or equipment requirements to the extent of said waiver or
exemption;
12. any motorcycle or
moped;
13. any vehicle registered
with the Registry on or before April 30, 2012, as a replica vehicle or as a
specially-constructed vehicle pursuant to M.G.L. c. 90, § 2H;
and
14. any vehicle registered with
the Registry as a street rod or custom vehicle pursuant to M.G.L. c. 90, §
2H.
(4)
Scheduling of Emissions Inspections Prior to October 1,
2008 (Reserved).
(5)
Scheduling of Emissions Inspections.
(a)
Motor Vehicles Registered in
Massachusetts. The registrant of each motor vehicle shall obtain
an emissions inspection every time the vehicle is submitted for a motor vehicle
inspection in accordance with 310 CMR 60.02. Registrants shall submit their
vehicles for inspection no later than the last day of the month and year of
expiration on the previously issued inspection certificate.
(b)
Initial Inspection of New Kit
Vehicles. When any kit vehicle is first registered in
Massachusetts, including upon sale or lease to the ultimate purchaser or
completion of assembly, the registrant shall obtain a visual inspection in
accordance with 310 CMR 60.02(12)(c). If the certified configuration installed
in the kit vehicle is from a model year vehicle subject to an OBD test, the kit
vehicle shall also receive an OBD test for the model year of the certified
configuration installed in the kit vehicle.
(c)
Initial Registration of Motor
Vehicles. A motorist shall obtain an emissions inspection as part
of the motor vehicle inspection for the vehicle within seven days from the date
the vehicle is first registered in Massachusetts unless exempt under 310 CMR
60.02(3)(b).
(d)
Inspections upon Transfer. For any used motor vehicle,
the motorist shall obtain an emissions inspection as part of his or her motor
vehicle inspection for the vehicle within seven days of the date on which the
motor vehicle is registered in Massachusetts to the new owner unless exempt in
accordance with 310 CMR 60.02(3)(b).
(e)
Massachusetts Vehicles not
Located in State. For any motor vehicle which is not garaged or
operated in Massachusetts at the time that vehicle's emissions inspection was
due, a motorist may operate the vehicle for 15 days after the vehicle's return
to Massachusetts, provided said motor vehicle bears proof satisfactory to the
Department of an adequate emissions inspection from another jurisdiction. The
motorist shall obtain the vehicle's initial emissions inspection within said 15
days.
(f)
Diesel
Vehicles with a GVWR Greater Than 10,000 Pounds. Diesel vehicles
with a GVWR greater than 10,000 pounds registered in Massachusetts are subject
to 310 CMR 60.02(5)(a) through (e), (g) and (h). In addition, all diesel
vehicles with a GVWR greater than 10,000 pounds operating on Massachusetts
roads are subject to emissions testing during roadside inspections, and
emissions inspection standards are applicable to emissions testing conducted
during roadside inspections.
(g)
Inspections for Program Evaluation. The Department may
require a registrant to have his or her vehicle inspected upon notice from the
Department for program evaluation. If the vehicle fails such inspection, the
registrant may choose not to have the vehicle repaired and present the vehicle
for inspection as provided at 310 CMR 60.02(5)(a).
(h) A motorist may obtain an initial
inspection at any time prior to the month and year of expiration on the
inspection certificate previously issued where the vehicle passed the previous
inspection, received a waiver, or received an economic hardship failure repair
extension.
(6)
Motorist Requirements.
(a)
Inspection
Documents. When presenting a motor vehicle for an inspection, a
motorist shall provide the following documents to the inspector to identify the
vehicle by make, model-year, vehicle identification number, and license plate
number:
1. a valid certificate of
registration; and
2. if the
inspection is a reinspection, a valid and completed emissions repair
form.
(b)
Inspection Fee. The motorist shall pay the inspection
fee when presenting a motor vehicle for an inspection. No fee is required for
an inspection that is not completed.
(c)
Inspection
Failure. If a vehicle fails an initial inspection, the motorist
either shall repair the vehicle such that it passes a reinspection, or shall
obtain a waiver or an economic hardship repair extension within 60
days.
(d)
Referrals. The motorist shall present the vehicle to a
location as instructed by the Registry, the Department, or via printed
instructions from a workstation, for purposes related to emissions
inspection.
(7)
Emission Test Applicability Prior to October 1, 2008
(Reserved).
(8)
Emission Test Applicability.
(a)
On-board Diagnostics
Test. Unless exempt pursuant to 310 CMR 60.02(3)(c), the following
motor vehicles are subject to the on-board diagnostic test in accordance with
Department-approved inspection procedures:
1.
all light-duty nondiesel motor vehicles model year 1996 or newer;
2. all light-duty diesel motor vehicles model
year 1997 or newer;
3. all
medium-duty diesel motor vehicles model year 2007 or newer;
4. all medium-duty nondiesel motor vehicles
model year 2008 or newer; and
5.
all heavy-duty diesel and nondiesel motor vehicles equipped with OBD
systems.
(b)
SAE J16671
Opacity Test. Unless exempt pursuant to 310 CMR
60.02(3)(b), diesel vehicles with a GVWR greater than 10,000 pounds and not
otherwise subject to an OBD test are subject to the SAE J1667 opacity test. The
Department may exempt from roadside emissions inspection such vehicles if the
vehicle has been tested in another state or jurisdiction.
(c)
Engine
Switching. A motor vehicle with an exchanged or replaced engine
shall be subject to the engine switching requirements in 310 CMR
60.02(12)(d).
(d)
Assembled Vehicles. An assembled or reconstructed
vehicle, including a vehicle with a prefabricated body, is subject to the
emissions inspection applicable to the fuel type, model year, and type of
vehicle chassis indicated on the vehicle's certificate of
registration.
(e)
Kit
Vehicles. Unless exempt pursuant to 310 CMR 60.02(3)(b), kit
vehicles are subject to an emissions test based on the year of the certified
configuration installed in the kit vehicle:
1.
if the certified configuration installed in the kit vehicle is from a model
year vehicle subject to an OBD test, then the kit vehicle shall be subject to
the kit vehicle visual test upon initial registration and to annual OBD testing
requirements for the model year of the certified configuration installed in the
kit vehicle, including any exclusions or exemptions otherwise granted to that
certified configuration; or
2. if
the certified configuration installed in the kit vehicle is from a model year
vehicle not subject to an OBD test, then the kit vehicle shall be subject to
the kit vehicle visual test upon initial registration and transfer of
ownership.
(f)
Glider Kits. Vehicles with glider kits are subject to
an emissions test based on the year of the chassis on which the glider kit is
installed:
1. if the chassis is subject to an
OBD test, then the vehicle shall be subject to a visual inspection upon initial
registration to verify that the OBD system is properly installed and to OBD
testing requirements for the model year of the chassis, or
2. if the chassis is not subject to an OBD
test, then the vehicle shall be subject to an opacity test if the year of the
chassis and fuel type of the engine are subject to an opacity test.
(9)
Advisory Scan of New Motor Vehicles. For any vehicle
required to be equipped with an OBD system and registered first in
Massachusetts after sale or lease to the ultimate purchaser, except a kit
vehicle, the registrant shall obtain an advisory scan of the vehicle's OBD
system. The advisory scan is not an emissions inspection. The scan may be
performed as part of the pre-delivery motor vehicle inspection performed by the
seller if the seller is so authorized by the Registry. The items or
characteristics to be scanned and the properties that constitute a problem
shall be established by the Department. The items or characteristics to be
scanned and the properties that constitute a problem shall be based on: the
type of vehicle, the vehicle fuel type(s), the model year of the vehicle,
vehicle certification requirements of the U.S. Environmental Protection Agency
or the California Air Resources Board, and the vehicle's OBD system design. A
list of the items or characteristics to be scanned and the properties that
constitute a problem shall be published by the Department on the web site for
the Enhanced Emissions and Safety Test Program. Upon completion of the advisory
scan of a new motor vehicle, the inspector, or a person authorized by the
Registry if the seller is authorized to perform the advisory scan as part of
the pre-delivery motor vehicle inspection, shall provide to the motorist a
printed report of the vehicle's advisory scan results in the format required by
the Department.
(10)
Inspector Procedures.
(a) The inspector shall perform emissions
inspections in accordance with 310 CMR 60.02 and all Department-approved
inspection procedures, including all workstation software prompts, at
inspection stations licensed by the Registry.
(b) The inspector shall perform emissions
inspections using Department-approved equipment and shall perform all
Department-required quality control and maintenance procedures on the equipment
and adhere to all safety procedures as provided in the Department-approved
inspection procedures.
(c) The
inspector shall record the information identified as provided in the
Department's emissions inspection procedures and the workstation software
prompts.
(d) Once initiated, the
inspector shall complete an emissions inspection. The inspector shall terminate
the inspection if an unsafe condition or workstation error or inspector error
arises during the inspection process.
(e) The inspector shall refuse to perform an
emissions inspection on a motor vehicle if:
1.
the motorist fails to present the documentation specified at 310 CMR
60.02(6)(a)1.;
2. the vehicle is
carrying explosives or other materials considered to be a safety hazard by the
inspector;
3. fuel, oil, or other
leaks are observed by the inspector that are considered a safety hazard by the
inspector; or
4. the inspector
observes any other hazard that would compromise the safe conduct of the
inspection.
(f) Upon
completion of the emissions inspection, the inspector shall provide to the
motorist a printed inspection report of the vehicle's inspection results in the
format required by the Department.
(g) Upon completion of the motor vehicle
inspection, the inspector shall affix an inspection certificate to the
windshield of the vehicle inspected indicating the proper results of the
inspection.
(11)
Emissions Inspection Standards Prior to October 1,
2008. (Reserved)
(12)
Emissions Inspection Standards. A motor vehicle shall
fail the emissions inspection if it does not meet the applicable standards
established in 310 CMR 60.02(12).
(a)
Opacity Standards for Diesel Vehicles. Any vehicle
subject to an opacity test shall have emissions opacity no greater than the
cutpoints in Table A as indicated for that vehicle's class and model year.
TABLE A
Opacity Test Cutpoints
|
Percent Opacity
|
|
Diesel trucks greater than 10,000 pounds GVWR
|
|
1984 - 1990 model years
|
40%
|
|
1991 - 1996 model years
|
30%
|
|
1997 and newer model years
|
20%
|
|
Diesel buses greater than 10,000 pounds GVWR
|
|
1984 - 1987 model years
|
40%
|
|
1988 - 1993 model years
|
30%
|
|
1994 and newer model years
|
20%
|
(b)
On-board Diagnostics Test. A vehicle shall fail the
on-board diagnostics test if:
1. the data link
connector is missing, has been tampered with, or malfunctions, or the OBD
system has been altered in such a way as to make OBD system testing
impossible;
2. the malfunction
indicator light is commanded by the OBD system to be illuminated;
3. the malfunction indicator light does not
illuminate properly when commanded on by the OBD system;
4. the vehicle's OBD system reveals
insufficient readiness codes, for light-duty nondiesel vehicles as prescribed
in
40 CFR
85.2222 or as otherwise determined by the
Department in consultation with the U.S. Environmental Protection Agency, and
as determined by the Department for all other vehicles, are set for the
components of the OBD system except as provided for reinspections at 310 CMR
60.02(14)(b); or
5. the vehicle's
OBD system reveals other OBD system malfunctions or conditions as identified by
the Department.
(c)
Kit Vehicle Visual Test. A kit vehicle shall be
registered with the Registry as a replica vehicle or a specially-constructed
vehicle and subject to a visual test to verify compliance with the following
emissions requirements; and kit vehicle registrants shall supply any
documentation required by the inspector, the Department, or the Registry:
1. The engine installed in the kit vehicle
shall meet one of the following requirements. For purposes of this subdivision,
"used" means the component has been in a vehicle that has been titled to an
ultimate purchaser, a "rebuilt component" means a used component which has been
refurbished with new or other used parts, and a "new engine" means an engine
that has not been previously installed in a vehicle.
a. The engine block and cylinder head(s)
shall be used; other components of the engine may be new.
b. The engine may be a new engine of the same
or newer model year of a vehicle that has been permanently retired and its
engine destroyed, provided the following criteria are met:
i. the vehicle shall be permanently retired
and the engine of that vehicle destroyed solely for the purpose of compliance
with
310 CMR 60.00;
ii. both the destroyed engine and the new
engine are of the same fuel type and made for either a passenger car or light
duty truck;
iii. the permanently
retired vehicle has been registered in Massachusetts for at least one year
within five years of the year in which the kit vehicle is first registered in
Massachusetts; and
iv. the
displacement of the new engine is in the same or smaller Nominal Displacement
Group as the destroyed engine, as specified in 310 CMR 60.02(12)(c)1.a.iv.:
Table B:
|
TABLE B
Nominal Displacement Groups
|
|
Destroyed and New Engine Number of
Cylinders
|
Nominal Displacement
Group
|
|
3- or 4-cylinder
|
up to 3.0 liters
|
|
5- or 6-cylinder
|
3.0- 5.0 liters (up to 302 cu in)
|
|
8-cylinder
|
Small - 4.0-5.4 liters (up to 327)
|
|
8-cylinder
|
Medium - 5.5-6.7 liters (up to 409)
|
|
8-cylinder
|
Large - 6.8 liters or more (over 409)
|
|
The destroyed engine or the new engine may have more
than 8 cylinders provided both engines are in the same 8-cylinder nominal
displacement group.
|
c. The engine may be a new engine if it is
part of a certified configuration that is certified by the California Air
Resources Board, the model year of which is no more than one model year older
than the year in which the kit vehicle is first registered.
2. If the certified configuration
installed in the kit vehicle is for a model year vehicle subject to the OBD
test, then the transmission installed in the vehicle shall be monitored by the
OBD system consistent with the OBD system for the certified
configuration;
3. All
emissions-related components and settings shall conform in all material
respects to those of the certified configuration applicable to the engine model
year (i.e., all emissions-related components shall match or be
traceable to only one certified configuration);
4. All catalytic converters, oxygen sensors,
and charcoal canisters shall be new, original equipment parts, or replacement
parts equivalent to the original equipment parts;
5. If the originally certified configuration
required unleaded fuel, then the vehicles shall have fuel filler neck
restrictors which meet the requirements of
40 CFR
80.24;
6. The vehicle weight of the kit
configuration can be no more than 500 pounds greater than the weight of the
originally certified configuration; and
7. Each vehicle's accompanying documentation
shall also include the make, model year, chassis year, engine year, engine
family, subfamily, and tune-up specifications for the certified configuration
applicable to the engine model year.
(d)
Engine Switching
Requirements. A motor vehicle with an exchanged or replaced engine
shall be subject to the following requirements:
1. the vehicle configuration following the
engine switch shall be a certified configuration;
2. the certified configuration shall be of
the same emissions certification category, as established by the U.S.
Environmental Protection Agency or the California Air Resources
Board;
3. engine switching between
vehicle California-certified and federally-certified vehicles is
prohibited;
4. engine switching
between vehicle classes is prohibited; and
5. for heavy-duty vehicles, the engine
switched into a heavy duty truck shall be of a certified configuration of the
same model year or newer as the year of the engine originally installed in the
vehicle.
(13)
Reinspections Prior to October 1, 2008.
(Reserved)
(14)
Reinspections.
(a)
The inspector shall inspect every vehicle presented for reinspection in
accordance with the emissions inspection requirements of 310 CMR 60.02,
Department-approved inspection procedures, and workstation software
prompts.
(b) If a vehicle failed
the on-board diagnostics test during the most recent initial inspection and
does not meet readiness criteria as prescribed by 310 CMR 60.02(12)(b)4. at the
reinspection, the vehicle shall be turned away consistent with
Department-approved inspection procedures. A vehicle not meeting readiness
criteria as prescribed by 310 CMR 60.02(12)(b)4. upon reinspection is not
considered to have received an emissions reinspection.
(c) If the vehicle passes reinspection, the
vehicle shall receive an emissions inspection certificate indicating compliance
with emissions inspection requirements.
(d) Unless a vehicle that has failed an
emissions inspection passes a reinspection within 60 days, obtains a waiver, or
obtains an economic hardship failure repair extension, the vehicle shall not be
operated on a public road and the registration of any such
Massachusetts-registered motor vehicle shall be suspended in accordance with
540 CMR 4.00: Annual
Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
Trailers, Semi-trailers and Converter Dollies.
(15)
Challenge
Inspections.
(a) A motorist may
challenge the results of an emissions inspection or reinspection. To challenge
the results of an emissions inspection or reinspection, a motorist shall notify
the Registry, in a form and manner as specified by the Registry, within two
days (excluding Sundays, Commonwealth and federal holidays) of the inspection
being challenged, and shall submit his or her vehicle for another emissions
inspection or other facility as at an inspection station or other facility as
designated by the Registry or the Department.
(b) If the vehicle fails a challenge
inspection or reinspection, the motorist shall pay the inspection station or
other facility for the cost of the inspection. If the vehicle passes the
challenge inspection, the inspector shall issue the appropriate inspection
certificate and report but shall not charge any inspection fee to the
motorist.
(16)
Waivers Prior to October 1, 2008. (Reserved)
(17)
Waivers.
(a) A motorist may apply for a waiver of
emission inspection standards if the following conditions are met:
1. the vehicle failed a reinspection;
and
2. emissions-related repairs
appropriate for the diagnostic trouble code(s) that caused the malfunction
indicator light to be commanded on by the OBD system were performed on the
vehicle by a registered repair technician.
(b) The motorist shall present the vehicle to
a location designated by the Registry or the Department along with the
following documentation when applying for a waiver:
1. receipts for all emissions-related repairs
completed by a registered repair technician since the vehicle's most recent
initial inspection indicating the problem(s) diagnosed and the problem(s) to
which the repairs are applicable; and
2. any other documents required by the
Department.
(c) An
emissions waiver certificate shall be granted if all of the following
requirements are met:
1. all safety inspection
requirements are met;
2. the
vehicle is registered with the Registry as a private passenger motor vehicle or
auto home pursuant to
540 CMR
2.05: Vehicle Registrations
Requirements;
3. the
emission control system is present and there is no evidence of
tampering;
4. the malfunction
indicator light is not commanded on by the OBD system for any diagnostic
trouble code(s) for misfire, catalytic converter efficiency, particulate filter
efficiency, or for equipment related to energy storage in a hybrid
vehicle;
5. the malfunction
indicator light is functioning properly;
6. repairs were performed that were
appropriate for the diagnostic trouble code(s) that caused the malfunction
indicator light to be commanded on by the OBD system;
7. the motorist has used all relevant
manufacturer warranty coverage including recalls to repair the
vehicle;
8. repair expenditures
exceed the following limits:
a. $750 for
vehicles five model years old or newer;
b. $650 for vehicles over five but not
exceeding ten model years old; and
c. $550 for vehicles over ten model years
old.
Beginning January 1, 2010, the expenditure limits in 310 CMR
60.02(17)(c) shall be subject to automatic annual adjustment. On January 1,
2010, the expenditure limit in 310 CMR 60.02(17)(c)8.a. shall be adjusted by
the percentage, if any, by which the Consumer Price Index ("CPI") for the
preceding calendar year differs from the CPI of 1989 and the adjusted
expenditure limit shall be rounded to the nearest
$5.00.2 The expenditure limit in 310 CMR
60.02(17)(c)8.b. shall then be adjusted by subtracting $100 from the adjusted
expenditure limit in 310 CMR 60.02(17)(c)8.a. The expenditure limit in 310 CMR
60.02(17)(c)8.c. shall then be adjusted by subtracting $200 from the adjusted
expenditure limit in 310 CMR 60.02(17)(c)8.a. The Department will publish these
adjusted expenditure limits on the web site for the Enhanced Emissions and
Safety Test Program.
(d) Costs associated with the following
repairs are not eligible for consideration toward the waiver cost limit:
1. tampering-related repairs to the emissions
control system except where it can be verified that the part in question or one
similar to it is no longer available for sale;
2. repairs to an emissions control system
which has been dismantled or rendered inoperable, except where it can be
verified that the part in question or one similar to it is no longer available
for sale;
3. repairs to a vehicle
to correct an engine switch that does not meet the requirements of 310 CMR
60.02(12)(d);
4. repairs to an OBD
system to correct its failure to communicate with emission inspection
equipment;
5. repairs to an OBD
system to return the malfunction indicator light to proper operation;
6. repairs to an OBD system to meet minimum
test criteria for readiness, except that if it was necessary to replace the
vehicle's powertrain control module to meet minimum test criteria for readiness
and the vehicle failed upon reinspection because the malfunction indicator
light was commanded by the OBD system to be illuminated, then 1/2 of the
cost for such replacement may be combined with the repairs appropriate for the
diagnostic trouble code(s) that caused the malfunction indicator light to be
commanded on by the OBD system to meet the applicable waiver cost
limit;
7. repairs under any
warranty;
8. repairs that are
subject to a manufacturer's recall;
9. repairs unrelated to emissions performance
or inappropriate for the diagnostic trouble code(s) that caused the malfunction
indicator light to be commanded on by the OBD system;
10. repairs performed prior to the most
recent initial inspection failure; and
11. repairs not performed by a registered
repair technician, except where the Department has determined that specialty
repairs not typically performed by a registered repair technician are
necessary.
(e) An
emissions waiver certificate is valid until the vehicle's next emissions
inspection.
(f) An emissions waiver
certificate is not transferable upon the sale of the vehicle or transfer of the
vehicle's registration.
(g) Diesel
vehicles with a GVWR greater than 10,000 pounds are not eligible for a waiver
from opacity standards.
(18)
Diagnostic Waivers Prior to
October 1, 2008. (Reserved)
(19)
Economic Hardship Failure
Repair Extensions.
(a) A motorist
may apply for an economic hardship failure repair extension if the following
conditions are met:
1. the vehicle failed its
most recent reinspection;
2. the
vehicle does not qualify for a waiver pursuant to 310 CMR 60.02(17);
3. the economic hardship failure repair
extension is not for any emissions inspection or reinspection required by 310
CMR 60.02(5)(c) associated with initial registration in Massachusetts or by 310
CMR 60.02(5)(d) associated with a transfer of ownership;
4. documentation of the malfunction(s)
causing the economic hardship failure(s) and an estimate of related repairs is
provided by a registered repair technician;
5. each diagnostic trouble code recorded
during the most recent reinspection qualifies as an economic hardship
failure;
6. the motorist has used
all relevant warranty coverage including recalls to repair the
vehicle.
(b) The
motorist shall present the vehicle to a location designated by the Registry or
the Department along with the following documentation when applying for an
economic hardship repair extension:
1. an
estimate provided by a registered repair technician of the cost of repairs
related to the emissions failure;
2. the vehicle's current registration;
and
3. any other documents required
by the Registry or the Department.
(c) An economic hardship failure repair
extension shall be granted after an OBD emissions inspection failure if all of
the following requirements are met:
1. the
cost of a single component repair or replacement to correct a diagnostic
trouble code for the component is more than 1.5 times the repair expenditure
limit applicable for the model year of the vehicle specified in 310 CMR
60.02(17)(c)8.a., b., or c., including any adjustment for CPI;
2. the vehicle does not qualify for a waiver
pursuant to 310 CMR 60.02(17);
3.
the economic hardship failure repair extension is not for any emissions
inspection or reinspection required by 310 CMR 60.02(5)(c) associated with
initial registration in Massachusetts or by 310 CMR 60.02(5)(d) associated with
a transfer of ownership;
4. the
Department or its designee agrees with the findings of the registered repair
technician regarding the cause of the economic hardship failure, that the
repair estimate is related to repairs appropriate for the economic hardship
failure, and that the repair estimate provided by the registered repair
technician is reasonable;
5. each
diagnostic trouble code recorded during the most recent reinspection qualifies
as an economic hardship failure;
6.
the motorist has used all relevant warranty coverage including recalls to
repair the vehicle;
7. all safety
inspection requirements are met;
8.
the vehicle is registered with the Registry as a private passenger motor
vehicle or auto home pursuant to
540 CMR
2.05;
9. the emission control system is present and
there is no evidence of tampering; and
10. the repair estimate is related to repairs
appropriate for the economic hardship failure.
(d) An economic hardship repair extension is
valid until the vehicle's next emissions inspection.
(e) A vehicle granted an economic hardship
failure repair extension may not be issued a waiver or an economic hardship
failure repair extension in lieu of passing its next emissions
inspection or reinspection.
(20)
Inspector Training and
Certification.
(a) No person
shall perform an emissions inspection unless such persons are certified by the
Department or its designee and licensed by the Registry.
(b) To become an inspector a person shall
receive Department-approved training, be certified by the Department, and
licensed by the Registry to perform inspections.
(c) To meet the certification requirement, a
person shall:
1. pass the Department-approved
exam;
2. demonstrate to the
satisfaction of the Department or its designee, the ability to conduct a proper
inspection, and perform proper quality control and workstation maintenance
procedures; and
3. not have a
pattern of noncompliance with respect to performing motor vehicle
inspections.
(d)
Certification. The Department shall certify a person
who meets the requirements at 310 CMR 60.02(20)(c).
(e) The Department may require inspectors to
obtain additional training and pass additional exams prior to renewing their
certifications if the Department determines that such training and examinations
are appropriate to accommodate changes in the test equipment, changes in test
procedures, or other changes in the motor vehicle inspection and maintenance
program. The Department shall make any such determination in writing. An
emissions inspector certificate shall renew automatically upon renewal of the
emissions inspector license unless the Department makes such determination
prior to the inspector's license renewal.
(21)
Repair Technician
Registration Prior to October 1, 2008. (Reserved)
(22)
Repair Technician
Registration.
(a) To become a
registered repair technician for nondiesel vehicles, an applicant shall
complete any Department-required repair technician training, and meet at least
one of the following requirements:
1. Hold a
currently valid L1 certification from the Institute for Automotive Service
Excellence (ASE);
2. have
equivalent certification from a motor vehicle or engine manufacturer, as
determined by the Department or its designee (registered repair technicians
qualifying under this provision would be registered repair technicians only for
the motor vehicle or engine manufacturer's vehicles to which the equivalent
certification applies), and be employed by a dealership for that manufacturer
or by a repair facility recognized or authorized by the engine manufacturer;
or
3. have equivalent certification
from another certification organization, as determined by the Department or its
designee.
(b) To become
a registered repair technician specializing in the repair of diesel vehicles,
an applicant shall complete the Department-approved repair technician training
module and meet at least one of the following requirements:
1. Hold a currently valid L2 certification
from the Institute for Automotive Service Excellence (ASE); or
2. Hold currently valid L1 and A9
certifications from the Institute for Automotive Service Excellence (ASE);
or
3. have equivalent certification
from a motor vehicle or engine manufacturer, as determined by the Department or
its designee (registered repair technicians qualifying under this provision
would be registered repair technicians only for the motor vehicle or engine
manufacturer's vehicles to which the equivalent certification applies), and be
employed by a dealership for that manufacturer or by a repair facility
recognized or authorized by the engine manufacturer; or
4. have equivalent certification from another
certification organization, as determined by the Department or its
designee.
(c) The
Department may remove a registered repair technician's registration if:
1. any requirement for qualification as a
registered repairer is not met or maintained;
2. the registered repair technician provides
false documentation to the Department or its designee, the Registry, or a
motorist, of repairs performed on a vehicle;
3. the registered repair technician provides
false documentation to the Department or its designee, the Registry, or the
motorist, of the cost of repairs performed on a vehicle; or
4. the Department, the Registry, or any state
or federal agency or court of competent jurisdiction determines that the
registered repairer has performed or been a party to fraudulent or deceptive
business practices, including, but not limited to: charging motorists for
repairs not performed; or, recommending or performing repairs unrelated to the
cause of an emissions inspection failure and representing those repairs as
related to the cause of an emissions inspection failure, or has violated any
laws, rules, regulations, or other requirements or orders related to the
protection of the environment.
(d) Any automotive repair facility listed by
the Department as employing a registered repair technician may be removed from
the Department's list of such automotive repair facilities if:
1. the listed automotive repair facility no
longer employs a registered repair technician;
2. the listed automotive repair facility
provides false documentation to the Department or its designee, the Registry,
or a motorist of repairs performed on a vehicle;
3. the listed automotive repair facility
provides false documentation to the Department or its designee, the Registry,
or the motorist of the cost of repairs performed on a vehicle; or
4. the Department, the Registry, or any state
or federal agency or court of competent jurisdiction determines that any owner,
operator, or employee of the listed automotive repair facility, while in the
exercise of his or her responsibilities or duties related to the automotive
repair facility, has performed or been a party to fraudulent or deceptive
business practices, including, but not limited to, charging motorists for
repairs not performed, recommending or performing repairs unrelated to the
cause of an emissions inspection failure and representing those repairs as
related to the cause of an emissions inspection failure, or has violated any
laws, rules, regulations, or other requirements or orders related to the
protection of the environment.
(23)
Prohibition Against
Tampering. All persons are prohibited from tampering with any
vehicle emissions control device or system. No person or entity shall take any
action or fail to take any action that causes a motor vehicle to no longer
comply with federal or state law, with standards for the motor vehicle
emissions inspection, or with requirements for motor vehicle registration. 310
CMR 60.02(23) shall not be construed as preventing the temporary alteration of
equipment for the purpose of motor vehicle repair or quality assurance by the
Department, Registry, or their designees.
(24)
Enforcement.
(a) No motorist may operate any vehicle
without a valid inspection certificate.
(b) No motorist may operate any motor vehicle
in violation of 310 CMR 60.02.
(c)
Registration Suspension. A motor vehicle which does
not comply with the applicable emissions inspection requirements shall be
subject to registration suspension pursuant to
540 CMR 4.00: Annual
Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
Trailers, Semi-trailers and Converter Dollies until the vehicle passes
the applicable emissions inspection or obtains a waiver.
(d) No person shall give false information to
an inspection station, an inspector, the Registry, or the Department or its
designee concerning any repairs or associated expenditures to be considered for
determining eligibility for a waiver or economic hardship repair extension
waiver.
(e)
Inspection
Certificates.
1. No person shall
issue an inspection certificate indicating compliance with 310 CMR 60.02 for a
motor vehicle that has not been inspected or reinspected in accordance with, or
is not in compliance with, the standards for the applicable motor vehicle
emissions inspection pursuant to 310 CMR 60.02.
2. An inspector shall issue an inspection
certificate indicating compliance only for a motor vehicle that he or she has
inspected and determined to comply with the applicable standards for motor
vehicle emissions inspections pursuant to 310 CMR 60.02.
3. An inspector shall issue a certificate
indicating failure of the emissions inspection to any motor vehicle that he or
she has inspected and determined does not comply with the applicable standards
for motor vehicle emissions inspection pursuant to 310 CMR 60.02.
4. No person or entity may alter, falsify, or
counterfeit an inspection certificate, waiver certificate, or diagnostic waiver
certificate.
5. No person shall
affix an inspection certificate, waiver certificate, or diagnostic waiver
certificate to a motor vehicle other than the motor vehicle for which the
certificate was issued.
(f)
Penalty
Provisions.
1. The Department
may impose a penalty against an inspection station for any violation of 310 CMR
60.02 at that inspection station. The Department may impose a penalty against
any person for any violation of 310 CMR 60.02.
2. Any person who violates any provision of
M.G.L. c. 111, § 142M or 310 CMR 60.02 shall be subject to a civil or
administrative penalty or fine or imprisonment pursuant to M.G.L. c. 111,
§ 142M and M.G.L. c. 21A, § 16.
3. Each day or portion thereof on which a
violation occurs or continues shall be deemed a separate violation.
4. Whenever the Department seeks to assess a
civil administrative penalty pursuant to M.G.L. c. 21A, § 16, M.G.L. c.
111, § 142M and 310 CMR 60.02, the person who would be assessed the
penalty shall have the right to an adjudicatory hearing. Any request for an
adjudicatory hearing thereon shall be made in accordance with M.G.L. c. 21A,
§ 16, and
310 CMR
5.00: Administrative
Penalty.
1 Copies of SAE J1667 may be
obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth
Drive, Warrendale, PA 15096-0001.
2 The CPI for any calendar year is
the average of the CPI for all-urban consumers published by the Department of
Labor, as of the close of the 12 month period ending August
31st of each calendar year, as prescribed by 40
C.F.R. § 51.360(a)(7)(i). The revision of the CPI that is most consistent
with the CPI for calendar year 1989 shall be used, as prescribed by 40 C.F.R.
§ 51.360(a)(7)(ii).
