Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 4.00 - Annual safety and combined safety and emissions inspection of all motor vehicles, trailers, semi-trailers and converter dollies
Section 4.08 - Licensure of Inspection Stations
Universal Citation: 540 MA Code of Regs 540.4
Current through Register 1518, March 29, 2024
(1) General Provisions: Licensing Requirements.
(a)
Applications.
Application for a license to operate a Class A, B, C, D, E, F and M inspection
station, with any endorsements as appropriate, or other inspection license as
may be issued by the Registrar may be filed with the Registrar by a person
engaged in the business of servicing, maintaining or repairing motor vehicles
or their components.
1. An applicant for a
Class M inspection station license must be a Motorcycle Dealer licensed
pursuant to M.G.L. c. 140, § 58 or a motorcycle repairman who possesses a
license required by law to carry on a repair business and who has received
factory training or equivalent training as required by the Registrar.
2. An applicant for a Class B, C, D or E
inspection station license must be a dealer, or in the repair business, of
medium and/or heavy duty vehicles.
3.
Selection
Criteria. Once the Inspection Station Network is at capacity, as
determined by the Registrar, stations wishing to become licensed shall be
placed on a waiting list established and maintained by the Registrar.
Applicants shall be selected for licensure from any such list as established by
the Registrar as Inspection Station Network capacity warrants. Applicants shall
first be selected from the list for licensure in accordance with a
determination of geographic need as determined by the Registrar in the exercise
of the Registrar's sole discretion. Inspection Station Network geographic need
shall be evaluated on the basis of criteria including, but not limited to,
factors such as the density of the population of motor vehicle owners in a
geographic area and the distance between existing Licensed Inspection Stations
as measured by either or both miles and travel time. If Inspection Station
Network geographic needs are determined to be adequately met by the Registrar,
then Inspection Station Licenses shall be issued in accordance with placement
on a waiting list of applicants for Inspection Station Licenses compiled in
chronological order by date of submission of application for
licensure.
(b)
Information Required. Each application for licensure
shall contain such information as the Registrar shall require on the
application form and be accompanied by a business certificate issued to the
applicant by the city or town in which the premises is located and any other
documents so determined by the Registrar.
(c)
Application and License
Fees. A nonrefundable application fee of $50.00 made payable by
cash, certified check or money order to the Registry of Motor Vehicles shall
accompany each application. When an application is approved by the Registrar,
and upon the payment of an additional fee of $100.00, the applicant shall be
granted a license which shall be valid for a period of one year from the date
of issuance. The annual renewal fee shall be determined by the Secretary of
Administration and Finance. An applicant applying for a license at more than
one location will be required to file a separate application for each
location.
(d)
Transactions.
1.
Change of Location. A licensee may request a change of
business location and such change may be authorized, provided it complies with
all rules, regulations and policies of the Registrar. All change of location
requests shall be approved at the discretion of the Registrar.
2.
Ownership/Interest Change -
Licenses Are Not Transferable. A licensee may request to change
the ownership or interest of his or her current license, provided that the
licensed business remain in its current location or is relocated to an
underserviced area and complies with all rules, regulations and policies of the
Registrar. All ownership/interests change requests shall be approved at the
discretion of the Registrar.
3.
Name Change. A licensee may request a change in name,
provided there is no change in corporate structure and provided it complies
with all rules, regulations and policies of the Registrar. All name changes
shall be approved at the discretion of the Registrar.
4.
Inspection Bay
Change. A licensee may request an inspection bay change or
alteration of an existing inspection bay, provided the new or altered bay
complies with all rules, regulations and policies of the Registrar. All
inspection bay changes or alterations shall be approved at the discretion of
the Registrar.
5.
License Class Change. A licensee may request a license
class change, provided the licensee complies with all rules, regulations and
policies of the Registrar for the class of license to which the station is
applying. All license class changes shall be approved at the discretion of the
Registrar.
To request a change to any portion or function of the current approved licensed business which may include, but is not limited to, a change of location, change of ownership or interest in the business, change of name, or change in facility including the inspection bay(s), an application must be filed. The Registrar must be notified immediately by the licensee in the event that arrangements are made for the transfer of the business to another person. Upon the transfer of ownership or termination of the business, the station license, all unused Certificates of Inspection, Rejection, and records required to be kept in accordance with the provisions of 540 CMR 4.00 shall be surrendered and returned to the Registry of Motor Vehicles forthwith. Unused Certificates of Inspection will be rebated.
(e)
Certificate of License and
Display Requirements. The licensee shall conspicuously display the
numbered Class license issued by the Registrar in an area that is reserved for
inspection purposes. In case of loss, mutilation or destruction of the license,
the Registrar shall issue a duplicate license upon proper proof thereof and
payment of a fee of $25.00.
(f)
Requirements to Purchase and Security of Certificates of
Inspection. Each licensee shall maintain adequate security,
acceptable to the Registrar, which will prevent the misappropriation of
Certificates of Inspection or Rejection. Missing or stolen Certificates of
Inspection or Rejection must be reported forthwith to the Registry of Motor
Vehicles and local law enforcement.
(g)
Supplies. Each
licensee shall maintain, if required, an adequate supply of Certificates of
Inspection, test authorizations, if required, and sticker stock to assure that
motorists will not be denied inspections, or unnecessarily inconvenienced. Said
documents shall be purchased from the Registry of Motor Vehicles or its
designated agent in accordance with the applicable policies established by the
Registrar and may not be sold or transferred from one station to
another.
(h)
Requirements for Personnel Who Administer Inspections.
Inspections must be performed by the licensee or permanent employees of the
licensee who are in possession of a valid motor vehicle operator license. A
person who performs vehicle inspections shall be licensed by the Registrar.
That license shall be renewed annually. A permanent employee shall, for
purposes of
540 CMR 4.00, be defined as a
person regularly employed by the licensed inspection station. Persons
performing inspections must be able to demonstrate their proficiency in
inspecting motor vehicles and in operating, calibrating, and maintaining items
or equipment required for the inspection of motor vehicles, to personnel
authorized by the Registrar, the Massachusetts Commissioner of the Department
of Environmental Protection assigned to program administration and enforcement
and the Network Contractor. Any person conducting a Class M inspection must
provide proof that he has received factory training and training approved by
the Registrar. The inspector must have a valid motorcycle license.
(i)
Requirements for Personnel
Who Administer Noncommercial Motor Vehicle Inspections. It shall
be the licensed vehicle inspection station's or the mobile commercial motor
vehicle inspector's responsibility to ensure that the individual(s) performing
an annual inspection as contained herein are qualified as follows:
1. Has successfully completed a state
certified training program approved by the Registrar;
2. Understands the inspection criteria set
forth in
540 CMR 4.00 and can identify
defective components;
3. Is
knowledgeable of and has mastered the methods, procedures, tools and equipment
used when performing an inspection; and
4. All Motor Vehicle Inspectors shall
participate in training and be subject to testing as determined by the
Registrar. The license shall be renewed annually.
(j)
Requirements for Personnel
Who Administer Commercial Motor Vehicle Inspections. It shall be
the licensed commercial motor vehicle inspection station's or the mobile
Commercial Motor Vehicle Inspector's responsibility to ensure that the
individual(s) performing an annual inspection as contained herein are qualified
as follows:
1. Has successfully completed a
state certified training program approved by the Registrar;
2. Understands the inspection criteria set
forth in
540 CMR 4.00, 49 CFR Part 393
and Appendix G to Part 396 and can identify defective components;
3. Is knowledgeable of and has mastered the
methods, procedures, tools and equipment used when performing an inspection;
and
4. Is capable of performing an
inspection by reason of experience, training, or both as follows:
a. Successfully completed a State or Federal
sponsored training program or has a certificate from a State or Canadian
Province which qualifies the person to perform commercial motor vehicle safety
inspections, or
b. Have a
combination of training and/or experience totaling at least one year. Such
training and/or experience may consist of:
i.
Participation in a truck manufacturer-sponsored training program or similar
commercial training program designed to train students in truck operation and
maintenance;
ii. Experience as a
mechanic or inspector in a motor carrier commercial motor vehicle maintenance
program;
iii. Experience as a
mechanic or inspector in commercial motor vehicle maintenance at a commercial
garage, fleet leasing company or similar facility; or
iv. Experience as a Commercial Vehicle
Inspector for a State, Provincial or Federal Government
agency.
5. All
Commercial Motor Vehicle Inspectors shall participate in training and subject
to testing as determined by the Registrar. The license shall be renewed
annually.
6.
Availability of Premises and Records to Authorized
Personnel. All licensees shall record and retain records
pertaining to the inspection performed in accordance with the policies and
procedures established by the Registrar. Facilities, records, and equipment
shall, during normal business hours (defined as Monday through Friday 9:00 A.M.
through 5:00 P.M. exclusive of holidays), be available at the address recorded
on the Class A, B, C, D, E, F or M license (with any additional endorsements)
to enforcement personnel of the Registry of Motor Vehicles, and/or Department
of Environmental Protection and the Network Contractor.
7. Licensees will follow all applicable laws
and all rules, regulations, policies and procedures of the Registrar. The
Registrar retains the exclusive right to establish and amend all such rules,
regulations, policies and procedures; and Licensees shall follow all applicable
rules, regulations, policies and procedures of the Massachusetts Department of
Revenue (DOR).
8. The Registrar may
deny the application of any person for a license, if, in his/her discretion, he
or she determines that:
a. Such applicant has
made a material false statement or concealed a material fact in connection with
his or her application.
b. Such
applicant, any officer, director, stockholder or partner, or any other person
directly or indirectly having an interest in the business was the former
holder, or was an officer, director, stockholder or partner, in a corporation
or partnership which was the former holder of an inspection station license
which was revoked or suspended by the Registrar.
c. Such applicant has failed to furnish
satisfactory evidence of good character, reputation and fitness.
d. Such applicant is not the true owner of
the inspection facility.
(2) Facility, Equipment, and Inspection Station Requirements.
(a)
Inspector on
Premises. There shall be a licensed inspector on-site during all
posted inspection times that is able to perform all inspections authorized
within the station class.
(b)
Promotions. No licensed inspection facility may
advertise the Massachusetts vehicle safety and emissions inspection program in
conjunction with any offer, promotion or discount of any product, service or
commodity to any Customer. Nothing in the preceding sentence shall prohibit a
licensed inspection facility from including in any advertisement that it is a
licensed inspection facility.
(c)
Hours of Operation. Inspection Stations shall be
available to perform motor vehicle inspections for a minimum of six hours per
day, five days per week. Inspections must be performed on a first come-first
serve basis. Stations that use the approved inspection area for other purposes
must make the area available for inspections within 15 minutes. Requests to
alter posted hours of inspection must be submitted in writing to the Registrar
and is reviewed and approved at the discretion of the Registrar. Inspections
performed by appointment are prohibited during unposted hours of inspection.
Inspection station licenses that have been inactive or locked-out due to an
ownership change, location change, facility alteration or administrative action
shall be granted six months in order to reopen and be available to perform
inspections. At the conclusion of the six months, the inspection station shall
be deemed out-of-business and the station license retired. However, the
Registrar may grant extensions beyond the six months on a case by case basis.
Such requests must be made in writing.
(d)
Signs. The
facilities of public station licensees should be available for the convenience
of the public. Public station licensees shall conspicuously post and display
identification as a "Massachusetts Inspection Station" on a sign not less than
24 inches by 36 inches, including the station's license number and the regular
hours of inspection. Hours of inspection may be posted on a separate sign. All
stations performing Commercial Motor Vehicle Inspections must post their
commercial motor vehicle inspection labor rate. Such signs must be removed or
covered whenever inspections cannot be performed during the posted
hours.
(e)
Facility.
1.
Inspection facilities shall be located in a building appropriate for such
activity, complies with local zoning laws with a suitable customer waiting area
within the inspection business, and meets all relevant guidelines of the
Registrar.
2. Licensees must
maintain complete control of the entire physical location where the inspection
facility is located. Multiple business interests in the same location of a
licensed inspection facility is prohibited.
3. Licensees that lease or own space in a
facility which physically adjoins another legally separate and distinct
business must maintain a complete separation and entrance and be able to secure
the premises from access by any personnel of the adjoining
business.
(f)
Inspection Area. A specific unobstructed area approved
by the Registrar within which the complete motor vehicle inspection shall be
performed, must be enclosed in a building in the primary service facility of
the licensees' premises. The inspection area of all Classes of inspection
stations except Class M, must be at least 30 feet in length and 12 feet in
width, and said inspection area must exceed by five feet in width the width of
the widest vehicle inspected. The inspection area for Class M inspections shall
be 30 feet or less in length, or as determined by the Registrar. Exceptions to
these standards may be provided by the Registrar or his or her designee in his
or her sole discretion. All inspection stations first licensed on or after
October 1, 2008 shall meet the new inspection bay size requirements. All
inspection stations licensed before October 1, 2008 shall be required to meet
the bay size requirements in effect at the time of licensure. Designated areas
shall be suitably marked or otherwise outlined and include a smooth, level,
substantial floor on which the wheels of the vehicle will stand evenly while
being inspected and must be maintained in a neat manner. The Registrar, in his
or her sole discretion, may also approve an additional specifically designated
area on the licensees' premises convenient to the approved inspection bay to be
used for the inspection of vehicles and/or trailers and converter dollies. Any
modification of the inspection area or approved additional area must be
approved by the Registrar. Any business operating at the same location that is
not owned entirely by the licensee must be securely and permanently separated
from the inspection bay.
(g)
Equipment Required.
1.
General
Requirements. All inspection station licensees must possess the
necessary tools and equipment, and shall maintain same in good working order,
and shall possess facilities necessary for the ordinary repair and adjustment
of motor vehicles or components on which inspection is required. In addition to
the preceding, licensees must be equipped with the following equipment that has
been approved by the Registrar, applicable to the particular Class license as
noted.
a. Headlamp aiming screen or device as
approved by the Registrar for Class A, B, C, D, E, F and M licenses.
b. Dial indicator gauge. All Classes except
Class M.
c. Registry approved brake
meter. All Classes except Class M.
d. Tire tread depth gauge, marked in
32nds of an inch. All Classes.
e. Jack of sufficient capacity to lift the
front axle of the heaviest vehicle inspected. All Classes.
f. Two jack stands; with a minimum rated
capacity capable of holding the vehicle to be inspected. All Classes except
Class M.
g. Inspector workstation
equipment. All Classes.
h.
Registry of Motor Vehicles Inspection Manual. All
Classes.
i. Registry approved
48-inch long headlamp aiming stick, unless approved mechanical headlamp aiming
device is used.
j. Registry
approved tint meter for glass. All Classes except Class M and fleet
stations.
k. Air, power and phone
lines or communication link to operate the inspection equipment
properly.
l. A commercial motor
vehicle inspection station is required to have a current copy of FMCSR Parts
390 to 397 and Appendix G available for inspector use.
2.
Fleet Inspection
Stations. Licensees are limited to the inspection of motor
vehicles owned or maintained by the licensee or other fleets.
3.
Inspection Area.
The licensed fleet inspection station must provide a specific area within which
the complete inspection shall be performed except where additional testing is
required for brakes. The area must be in a building, enclosing an area at least
30 feet in length and 12 feet in width and said inspection area must exceed by
five feet in width the width of the widest vehicle inspected, except as
otherwise approved ore October 1, 2008 shall be required to meet the bay size
requirements in effect at the time of licensure. The designated area shall be
suitably marked or otherwise outlined and include a smooth, substantial level
floor on which all the wheels of the longest vehicle inspected will stand
evenly while being inspected. Additional adequate space must be available
within the building for repairing and maintaining motor vehicles.
4.
Public Commercial Motor
Vehicle Inspection Facility. Class C, D and E and facilities
utilizing services of Class F licensees using mobile equipment. A commercial
motor vehicle inspection station shall have a specific area approved by the
Registrar within which the complete inspection of all commercial motor vehicles
so defined shall be performed. The area shall be a suitably marked, smooth,
level, unobstructed concrete flooring. The dimensions of a public commercial
motor vehicle inspection facility shall at a minimum be: a length ten feet
longer than the longest single or combination commercial motor vehicle to be
inspected, with a minimum of at least 45 feet in length and a minimum of at
least 14 feet in width. All axles of any single or combination commercial motor
vehicle inspected must be on the same flat, level flooring. The area shall be
equipped to provide regulated air supply of sufficient pressure and electrical
power to any non-self powered commercial motor vehicle which in combination
cannot be accommodated in the designated area. The designated area shall be
enclosed in a building having an entrance door of no less than 12 feet in width
and 12 feet in height or as approved by the Registrar. All public commercial
motor vehicle inspection facilities first licensed on or after October 1, 2008
shall meet the new inspection bay size requirements. All inspection stations
licensed before October 1, 2008 shall be required to meet the bay size
requirements in effect at the time of licensure.
(3) Revocation, Suspension or Denial of Licenses.
(a) The
Registrar may, after the applicant, licensee or person licensed by the
Registrar to perform safety inspections has been granted a hearing held at such
time and place as the Registrar may prescribe and duly notice to the licensee,
refuse to issue a license, suspend or revoke a license or refuse to issue the
renewal of a license for any of the following causes:
1. Failure to comply with any of the rules
and regulations or the written policies and procedures of the Registrar or
Commissioner pertaining to license Class A, B, C, D, E, F and M inspection
stations.
2. Failure to inspect
vehicles during posted inspection hours.
3. Failure to have on hand at all times an
adequate supply of Certificates of Inspection.
4. Failure to maintain that portion of
premises utilized as an inspection area in a proper manner.
5. Failure to properly maintain equipment
utilized in inspections procedures.
6. Engaging in fraudulent practices or
conduct during the inspection of motor vehicles or related to the vehicle
inspection license process.
7. The
issuance of a Certificate of Inspection or Certificate of Rejection without
performing the required emissions test, if applicable.
8. For any action deemed by the Registrar or
Commissioner of the Department of Environmental Protection to violate the terms
and public purpose of the vehicle inspection program.
(b) Mailing, by first class mail, postage
prepaid, of a notice of a hearing to the last known address of a licensee or
applicant, 14 days prior to the date of the hearing, shall be deemed proper
notice.
(c) Second, third, and
subsequent infractions shall be infractions committed within the three years
immediately preceding the date of the infraction for which the Registrar orders
another suspension or revocation. The total number of prior infractions, in any
combination, shall determine if a second or subsequent offense
exists.
(d) If the licensee appeals
the Registrar's decision to revoke or suspend a license, the Registrar, upon a
timely request, may allow the suspension or revocation to be stayed pending a
hearing before the Motor Vehicle Board of Appeal on Motor Vehicle Liability,
Policies and Bonds if said suspension is not based upon activity which would
constitute a threat to the public safety.
(e) The Registry shall suspend the license of
an inspector or a station for a minimum of 180 days for intentionally
improperly passing a motor vehicle for the emissions test required pursuant to
310
CMR 60.02. A second or subsequent violation
within three years shall result in a license revocation.
(f) Suspensions or revocations of the license
of any Class A, B, C, D, E, F and M inspection station, in addition to that
identified in 540 CMR 4.08(3)(e), shall be in accordance with the following
chart:
SUSPENSION PERIODS FOR VIOLATIONS OF INSPECTION
PROCEDURE REQUIREMENTS
(Certificates of Inspection, as used herein, includes Certificates of Rejection)
|
Type of Offense |
1st Infraction |
2nd Infraction |
3rd or Subsequent Infraction |
||
|
1. |
Failure to maintain inspection bay in proper manner. |
||||
|
2. |
Failure to maintain adequate supply of Certificates of Inspection or Rejection. |
||||
|
3. |
Failure to maintain adequate security of Certificates of Inspection and test authorizations. |
||||
|
4. |
Failure to properly keep required records or properly enter required data. |
Up to 60 Days |
Up to 120 Days |
Up to 240 Days |
Revoke |
|
5. |
Failure to charge the established inspection fee. |
||||
|
6. |
Failure to comply with any provisions of 540 CMR 4.00 or the Registrar's written policies or procedures relating thereto not otherwise specified herein. |
||||
|
7. |
Unauthorized person performing inspection. |
||||
|
8. |
Failure to adhere to the Registrar's written policies and procedures. |
||||
|
1. |
Failure to apply Certificates of Inspection, or Rejection to vehicle as required. |
||||
|
2. |
Issuing Certificates of Inspection without performing a complete inspection. |
Up to 60 Days |
Up to 120 Days |
Up to 180 Days |
Revoke |
|
3. |
Failure to perform complete inspection in designated inspection bay. |
||||
|
4. |
Failure to have on-hand required equipment in proper working condition. |
||||
|
1. |
Suggesting or requiring that unnecessary repairs or adjustments be made in order for vehicle to pass inspection. |
Up to 280 Days |
Up to 360 Days |
Up to 540 Days |
Revoke |
|
2. |
Falsification or alteration of recorded data pertaining to inspection. |
||||
|
3. |
Fraudulent practices. |
||||
|
1. |
Licensee or employee performing inspections while under the influence of liquor or drugs. |
Revoke |
Revoke |
Revoke |
Revoke |
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