Current through Register 1531, September 27, 2024
(1) The Registrar
will revoke the vehicle registration of any vehicle that has been issued three
or more citations, as indicated in
540 CMR
26.01, for a violation of M.G.L. c. 90,
§ 19K committed during the period of May 15th
of any year and October 15th of that year or any
other year, whether or not the owner was operating the vehicle at the time each
or any of the citations were issued. Once revoked, the registration will not be
reinstated until such time as the Registrar is satisfied, from an examination
of the vehicle, that the vehicle is in compliance with M.G.L. c. 90, § 19K
and with
540 CMR 26.00; the
reinstatement fee has been paid; the vehicle is not otherwise in default on any
unpaid obligations and the vehicle is otherwise safe to operate. Once a
registration is revoked, any attempt to re-register the vehicle with a
different registration number shall be referred for enforcement
action.
(2) If the registration is
revoked and the owner seeks reinstatement prior to October
15th of any year, the owner must present the vehicle
to the Registry's Vehicle Services Section for inspection, at a time and place
to be chosen by the Registrar.
(a) If the
Registrar is satisfied from an examination of the vehicle that the plow has
been removed and the hitching mechanism, if remaining on the vehicle, is in
compliance with the provisions of M.G.L. c. 90, § 19K, and the vehicle
does not otherwise appear unsafe to operate, the Registrar may allow for
reinstatement.
(b) If the Registrar
is satisfied from an examination of the vehicle that the plow has been removed
but is also satisfied that the hitching mechanism, if remaining on the vehicle,
does not comply with the provisions of M.G.L. c. 90, § 19K, the Registrar
shall refuse to reinstate the registration until such time as the hitching
mechanism is removed from the vehicle.
(3) If the registration is revoked and the
owner seeks reinstatement after October 15th of any
year, the owner must present the vehicle to the Registry's Vehicle Services
Section for a visual examination at a time and place to be chosen by the
Registrar.
(a) If the Registrar is satisfied
from an examination of the vehicle, whether or not the plow is attached, that
the hitching mechanism, if remaining on the vehicle, is in compliance with the
provisions of M.G.L. c. 90, § 19K, and the vehicle does not otherwise
appear unsafe to operate, the Registrar may allow for reinstatement on the
conditions noted above.
(b) If the
Registrar is satisfied from an examination of the vehicle, whether or not the
plow is attached, that the hitching mechanism, if remaining on the vehicle,
does not comply with the provisions of M.G.L. c. 90, § 19K, but the owner
asserts that such mechanism is not permanently affixed by welding or other
means and can be removed from the vehicle without damage to the vehicle itself,
and the vehicle does not otherwise appear unsafe to operate, the Registrar may
allow for reinstatement, provided, the vehicle owner enters into a written
agreement, with the Registrar signed by the owner under the penalties of
perjury, agreeing that if the Registrar reinstates the registration, the owner
will remove the hitching mechanism by the following May
15th and the owner further agrees to post a $1000
performance bond with the Registrar prior to any reinstatement, which bond
shall be held to ensure performance of the owner's obligation to remove such
mechanism by the agreed-upon date. The owner also agrees to contact the
Registry's Vehicle Services Section to arrange for an examination of the
vehicle on or around May 15th, at a time and place
to be determined by the Registrar, so that the Registrar can ascertain if the
hitching mechanism has been removed. If the Registrar is satisfied that it has
been removed she shall arrange for the return or cancellation of the bond. The
agreement shall also contain a provision that if the owner fails to remove the
offending hitching mechanism by the following May
15th the Registrar may file a claim against the bond
for the full amount and revoke the vehicle's registration.