Current through Register 1531, September 27, 2024
(1)
General
Provisions.
(a) A separate and
distinct charge, as established by the Secretary of Administration and Finance,
shall be made for each inspection required in accordance with the provisions of
540 CMR 4.00 and the
provisions of M.G.L. c. 90.
(b) All
certificates of inspection or rejection shall be issued in sequential order
from lowest to highest serial number.
(c) All Certificates of Inspection or
Rejection shall be issued and affixed to the motor vehicle in accordance with
the regulations, policies or procedures established by the Registrar. All
Certificates of Inspection or Rejection for Trailers will be issued in
accordance with the Registrar's regulations, policies or procedures relating
thereto.
(2)
Certificate of Inspection. Any motor vehicle subject
to Safety Inspection only, Combined Safety and Emissions Inspection, or
Commercial Motor Vehicle Safety and Emissions Inspection, which, after
inspection, is found to be in compliance with all Safety or Safety and
Emissions Inspection requirements will be issued a Certificate of Inspection,
valid for a period of time to be determined by the Registrar in accordance with
regulations, policies or procedures established by the Registrar and
Commissioner.
(3)
Certificate of Rejection.
(a) Any motor vehicle submitted for
inspection that fails to meet all applicable inspection requirements shall be
issued a Certificate of Rejection, in accordance with the Registrar and
Commissioner's policy relating thereto.
(b) A Certificate of Rejection authorizes the
operation of a motor vehicle for a period of 60 calendar days after inspection,
20 days for motorcycles, provided that all safety related equipment defect(s)
have been corrected prior to continued operation. Safety related equipment
defects are items of inspection exclusive of emissions inspection items. 7D
vehicles must display a current 7D inspection sticker in order to transport
pupils.
(c) A Certificate of
Rejection shall entitle the owner or operator to one free reinspection,
provided that the vehicle is submitted for reinspection at the same inspection
station which issued the Certificate of Rejection within 60 calendar days for
motor vehicles and 20 days for motorcycles and 7D vehicles after the date of
issue.
(4)
Suspension of Registration. Failure to meet these
requirements or obtain a waiver under
540 CMR 4.00 shall result in
the suspension of the motor vehicle's registration pursuant to the authority
provided in M.G.L. c. 90, § 2 and in accordance with the procedures set
forth in M.G.L. c. 90, § 22.
(a)
Commercial Motor Vehicle Certificate of Rejection
Procedures.
1. Any commercial
motor vehicle submitted for inspection that fails to meet the applicable Safety
and Emissions inspection requirements shall be issued a Certificate of
Rejection provided the safety defects are not identified and listed in the
current North American Uniform Vehicle Out-of-service Criteria as being an out
of service condition or restricted service condition.
2. Upon inspecting a Commercial Motor
Vehicle, if any item is found to not comply with
540 CMR 4.00, the inspector
shall nevertheless complete the inspection of all other required items. The
inspector shall provide a list of the items for which the vehicle is being
rejected and advise the vehicle owner, custodian and/or operator of the
violation(s) noted.
Copies of all rejection slips shall be kept at the place of
inspection and/or stored electronically for one year from the date of
inspection. Copies of all such rejection slips or data shall be made available
for inspection by the Registrar or any of his authorized personnel. The
rejection slip shall contain the following information:
a. Name of inspection station and station
number.
b. Date of inspection and
signature of the inspector.
c.
Vehicle registration number, make, year and vehicle identification
number.
d. Reason for
rejection
3.
Out-of-service Commercial Motor Vehicle. If in the
course of inspection of a Commercial Motor Vehicle or trailer, an inspector
finds an unsafe vehicle that has a safety hazard as defined in the current
North American Uniform Vehicle Out-of-service Criteria, said inspector shall
issue the vehicle inspection report and affix the rejection sticker, "R" to the
windshield and advise the motorist of the defects that were identified. The
vehicle that was rejected by reasons of having safety defects of an
out-of-service nature be notified that the said vehicle shall not be operated
until all necessary repairs have been made. A Commercial Motor Vehicle placed
out-of-service may be operated to the nearest repair facility in so far it is
safe to do so. This operation is restricted to a five day period from the date
of rejection. No commercial motor vehicle may be operated with a rejection
certificate with an out-of-service condition under any circumstances unless it
is being moved for the purpose of repairs. Any person who operates or any owner
or custodian, who permits a commercial motor vehicle to be operated in an
out-of-service condition except for the movement of said vehicle for repairs,
shall be punished by a fine as provided in M.G.L. c. 90, § 20.
4.
Procedure for
Waiver. A motorist may apply for a waiver of emission inspection
standards in accordance with the provisions of
310
CMR
60.02(11).
(5)
Inspection within Seven Days
of Purchase (Lemon Aid Law).
(a)
A Certificate of Rejection must be issued to the new owner of a motor vehicle
within seven days of the date of purchase in order to permit the new owner to
void the sale of said vehicle or to require the seller to make repairs pursuant
to the specified conditions enumerated in M.G.L. c. 90, § 7N.
(b) In order to invoke M.G.L. c. 90, §
7N, owner/operators who have submitted the motor vehicle for inspection within
seven days of the date of purchase shall, upon request, be provided the vehicle
inspection report issued by an authorized agent of the inspection station
stating the reasons why the motor vehicle failed to pass the Safety or Combined
Safety and Emissions Inspection and an estimate of the cost necessary for
repairs in accordance with the provisions of M.G.L. c. 90, §
7N.
