Page 1 540 CMR 4.00:ANNUAL SAFETY AND COMBINED SAFETY AND EMISSIONS INSPECTION OF ALL MOTOR VEHICLES, TRAILERS, SEMI-T RAILERS AND CONVE RTER DOLLIES

540 CMR 4.01. Scope and Applicability 540 CMR 4.02. Special Definitions 540 CMR 4.03. Requirements for Initial and Subsequent Staggered Annual Inspection 540 CMR 4.04 Procedures for Inspections of Non-Commercial Motor Vehicles 540 CMR 4.05. Procedures for Inspections of Commercial Motor Vehicles 540 CMR 4.06. Procedures for Inspection of Motorcycles

540 CMR 4.07. Issuance of Certif icates of Inspection, Reject ion, and Waiver Procedure 540 CMR 4.08. Licensure of Inspection Stations 540 CMR 4.09 . Licensure of Inspectors

4.01: Scope and Applicability

540 CMR 4.00 is adopted by the Registrar of Moto r Vehicles pursuant to the authority of M.G.L. c. 90, § 31. 540 CMR 4.00 establishes Rules and Regulati ons for the Safety and Combined Safety and Emissions Inspections of all motor vehicles register ed in the Commonwealth of Massachusetts under the authority of M.G.L. c. 90, § 7A. 540 CMR 4.00 also es tablishes regulations for the issuance of various inspection certificates pursuant to M.G.L. c. 90, § 7V, (a)(b)(c), and Regulations for the licensing of stations and inspectors pursuant to M.G.L. c. 90, § 7W. The failure of a motor vehicle to meet the requirements of the Safety and Combined Safety and Emissions Inspections will result in the suspension of the vehicle's certificate of regist ration pursuant of M.G.L. c. 90, § 20.

4.02: Special Definitions

In addition to the definitions set forth in M.G.L. c 90, § 1. the following specia l definitions shall also apply:

Antique Motor Car shall mean any motor vehicle which has been assigned an antique registration plate.

ALARS shall mean the Automated Licensing and Regist ration Systems used by the Registry of Motor

Vehicles.

Certificate of Inspection shall mean a serially numbered, adhesi ve sticker, device, document or symbol, as may be prescribed by the Registrar, indicating a motor vehicle or motorcycle has met the inspection requirements established by the Registrar. The Registra r may prescribe the use of one or more categories

of said Certificates.

Certificate of Rejection shall mean a serially numbered, adhesive sticker, device, document or symbol, as may be prescribed by the Registrar, indicating a motor vehicle or motorcycle has failed to meet the Safety and Combined Safety and Emissions Inspection requirements.

Certificate of Waiver shall mean a serially numbered device or symbol, as may be prescribed by the Registrar, indicating that the requ irement of passing the Emissions portion of the Combined Safety and Emissions Inspection has been waived for a vehicle pursuant to 540 CMR 4.00.Page 2 Class A License shall mean the license issu ed to a Public or Fleet in spection station conducting noncommercial light duty gas and diesel inspections of vehicl es 10,000 lbs (GVWR) or less.

Class B License shall mean the license issued to a Pub lic or Fleet inspectio n station conducting commercial and non-commercial light and medium duty gas and diesel inspections of vehicles 26,000 lbs. (GVWR) or less including light -duty pole or pull trailers only.

Class C License shall mean the license issued to a Public or Fleet inspection station conducting all commercial medium and heavy duty inspections of vehicles over 10,000 lbs. (GVWR) including all trailers, semi-trailers and converter dollies.

Class D License shall mean the license issu ed to a Public or Fleet in spection station conducting all commercial and non-commercial light, medium and heavy duty inspections of all vehicles including all trailers, semi-trailers and converter dollies.

Class E License shall mean the license issued to a Public or Fleet inspection st ation conducting heavy duty commercial inspection of vehicles over 26,000 lbs. (GVWR) including all tra ilers, semi-trailers and

converter dollies.

Class F License shall mean the license issued to an indivi dual or corporation pe rforming inspections on commercial vehicles or school pupil transport vehicl es of all fuel types and weights, including all trailers, semi-trailers and converter dollies, owned or leased by a fl eet, using mobile equipment for the performance of such vehicle inspections. The perform ance of commercial vehicle inspections at multiple repair and maintenance facilities owned by the fl eet shall be subject to the following conditions:

(a) The repair facility shall consis t of a building on-site with a di scernible address for the purposes

of fleet administration. Said fleet is contracting the inspection of existing commercial vehicles with gross vehicle weight ratings of 10,001 pounds or more, including all tr ailers, semi-trailers

and converter dollies to the Class F Li censee at the same physical location. (b) Vehicles owned or leased by said fleet and regi stered as "noncommercial" motor vehicles shall not be eligible for inspection by Class F Licensees. (c) Noncommercial motor vehicles furnished for regu lar use by individual empl oyees of said fleet shall not be eligible for in spection by Class F Licensees. (d) All Class F Licensees utilizing mobile equipment for the testing of such commercial vehicles, trailers, semi-trailers or converter dollies owned or leased by said fleet shall have on-site OBD, opacity or any other emissions equipped work station capable of perf orming such emissions inspections as required by 310 CMR 60.02. (e) The annual number of commercia lly registered vehicles, traile rs, semi-trailers or converter dollies inspected by Class F Licensees with gro ss vehicle weight ratings of less than 10,001 lbs

shall not exceed the annual number of commercia lly registered vehicles with gross vehicle weight ratings of more than 10,001 lbs. (GVWR)

Class M License shall mean the license i ssued to a Public or Fleet Inspection Station conducting motorcycle inspections.

Commercial Motor Vehicle Inspector shall mean an individual license d by the Registrar as properlyPage 3 qualified under 540 CMR 4.08(1)(h).

Commercial Motor Vehicle shall mean any motor vehicle whic h is not a private passenger motor vehicle, antique motor car, motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, or school pupil transport vehicle. A comme rcial motor vehicle shall include the following

vehicles:

(a) The vehicle has a gross vehicle weight ratin g or gross combination weight rating of 10,001 or more pounds; or (b) The vehicle is designed to transport mo re than 15 passengers, including the driver; or (c) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding in accordance with the Hazardous Ma terials Regulations of the United States Department of Transportation. A ny commercial motor vehicle that singularly has a gross vehicle weight rating of 10,001 pounds or le ss and is designed to meet emissions standards, shall be submitted for an emissions inspection in addition to all applicable safety inspection requirements;

or (d) A single, full or semi-trailer, used in comme rce, with a manufacturer 's gross vehicle weight rating over 3,000 lbs; or (e) Any vehicle which has a vehicle weight, or curb weight, of more than six thousand pounds, as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle; or (f) Any vehicle which has five or more wheels on the ground.

Commissioner shall mean the Commissioner of the Depart ment of Environmental Protection for the

Commonwealth.

DEP shall mean Department of Environmental Protection.

Dynamometer shall mean 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, secure pos ition to simulate actual driving

conditions.

Exempt Vehicles From Emission Standards shall mean any motor vehicle exempted under 310 CMR 60.02 and in accordance with M.G.L. c. 111, § 142M.

Federal Motor Carrier Safety Regulations shall mean the most current published edition of Title 49 U.S.C. Parts 390 to 397 including appendix G as identified by USDOT/FHWA/OMC.

Fleet Inspection Station shall mean a business which owns or ma intains a fleet of at least 15 motor vehicles and maintains a garage fo r the repair and maintenance of t hose vehicles and is licensed by the Registrar to perform the Safety or Combined Safety and Emissions Inspection on its motor vehicles or motor vehicles owned by other fleets th at are in the same vehicle class.

Fleet Inspection Station for Commercial Motor Vehicles shall mean an Inspec tion Station licensed by the Registrar to perform Safety or Combined Sa fety and Emissions Inspections on Commercial Motor

Vehicles.

General Registration Holder shall mean any manufacturer, de aler, repairman, owner-contractor,Page 4 transporter, farmer, dealer in recrea tional vehicles, trailers, boat traile rs, or forester, all as defined in M.G.L. c. 90, § 1 and regulated by 540 CMR 18.00, w ho has been issued a general registration plate pursuant to M.G.L. c. 90, § 5.

Inspection Station Agreement shall mean the contract between the Network Contractor and the Inspection Stations which sets forth thei r respective respons ibilities and duties.

Licensed Inspector shall mean an individual licensed by the Registrar in accordance with 540 CMR 4.00 as properly trained to perform a Massachusetts Mo tor Vehicle Safety and/or Emissions Inspection.

Licensee shall mean a holder of an Insp ection Station License of any Cla ss issued in accordance with

540 CMR 4.00.

Mobile Commercial Motor Vehicle Inspector shall mean an individual, certified and licensed, who meets the requirements of 540 CMR 4.00 who may insp ect commercial motor ve hicles or school pupil transport vehicles at a repair faci lity of any commercial motor vehicl e operation that meets the minimum requirements for inspections prescribed for Commerci al Vehicle Inspection Faci lities by the Registrar.

Network Contractor shall mean the private entity which cont racts with the DEP and RMV to develop, manage and implement the enhanced emissions and safety inspection program on accordance with St. 1997, c. 240.

New Car Endorsement shall mean an endorsement to a class A, B or D license which permits class 1 automobile dealers to inspect new vehicles unde r 10,000 GVWR prior to delivery to a customer in accordance with 310 CMR 6.02 “Initial Inspection of Ne w Motor Vehicles” and in accordance with all regulations, policies and procedur es promulgated by the Registrar

Out of Service Criteria shall mean the most current "Out of Serv ice Criteria" as prescribed in the North

American Uniform Out-of-Service Criteria published by the Commercial Vehicle Safety Alliance(CVSA).

Referee Station shall mean a location which may be designated by the Registrar to verify the accuracy of inspections performed by License d Inspection stations and to gr ant certificates of waiver.

Registrar shall mean the Registrar of Motor Vehicles.

Semi-Trailer shall mean a trailer designed and used in comb ination with a tractor so that some part of the weight of the trailer and that of its load rests upon, and is carried by, the tractor.

Trailer shall mean any vehicle or object on wheels and having no motor power of its own, but is drawn by, or used in combination with, a motor vehicle.

Turnaway Document shall mean a document created by a Workst ation and provided to an operator by an inspection station explaining the reason(s) a particular vehicle ca n not be tested.

Windshield Replacement Certificate shall mean a serially numbered ad hesive sticker, device or symbol as prescribed by the Registrar to be used in conjunction with any legi ble valid Certificate of Inspection, irrespective of any void displayed, re moved due to the replacement of a windshield and displayed on the newly installed windshield on the same vehicle. Such Ce rtificate shall be issued in accordance with allPage 5 regulations, policies and procedures promulgated by the Registrar.

Workstation shall mean the complete set of inspecti on equipment approved by the Department and required by the Registrar for an inspection station.

7D Endorsement shall mean an endorsement to a class A, B or D license which permits the Licensee to inspect 7D (pupil transport) vehicles in accordan ce with M.G.L. chapter 90, section 7D, 540 CMR 21.00 and policies and procedures pr omulgated by the Registrar.

4.03: Requirements for Initial a nd Subsequent Annual Inspection

(1) General Provisions . Every owner or person in control of a Massachusetts registered motor vehicle shall submit the vehicle for insp ection under the following rules:

(a) Inspection Upon Registration . Every owner or person in control of a motor vehicle which is newly acquired in the Commonwealth shall submit such motor vehicle for a required inspection within seven days of the date on which the moto r vehicle is registered to said owner in the

Commonwealth. (b) Subsequent Inspection . Every owner or person in control of a Massachusetts registered motor vehicle shall submit the vehicle for the required inspection annually, no late r than the date of expiration on the previously issued Certificate of Inspection or as notified in a manner prescribed by the registrar. Early renewals are permitted. (c) Validity of Cer tificates of Inspection . Certificates of Inspection displaying void(s) due to a windshield replacement, which are also disp laying a duly issued Windshield Replacement Certificate, shall be valid until the expiration of th e Certificate of Inspection or when ownership of the vehicle is transferred, or as notified in a manner prescribed by the Registrar, whichever occurs

first. (d) General Registration Holders . Every motor vehicle owned by a General Registration holder, except for motor vehicles held for sale and demons tration by a dealer, shall be inspected pursuant to

540 CMR 4.00. (e) Farm Tractor . Any tractor or other self propelled vehi cle used exclusively for agricultural or farming purposes, except automobiles and trucks, th e use of which is declared by the owner or person in control thereof to be restricted to the pe riod from a half hour before sunrise to a half hour after sunset and which is operate d in or upon any way during such pe riod shall be inspected and shall be equipped with one stop light a nd with brakes as manufactured, including a stationary brake with ratchet and pawl. (f) Temporary Registration Plates . Motor vehicles bearing temporar y registration plates shall be inspected in accordance with the 540 CMR 4.00. (g) Out of State Registration . Motor vehicles submitted for inspection that are registered in any other state or jurisdiction shall be inspected in accordance with the applicable provisions of 540 CMR 4.00 and the policies and procedur es established by the Registrar. (h) Inspection Upon Return to Commonwealth . A motor vehicle which is not garaged or operated within the Commonwealth during its assigned inspection period may be operated for 15 days after its

return to the Commonwealth if the motor vehicle b ears satisfactory proof of adequate Emissions or Safety and Emissions Inspection from another juri sdiction. The owner or person in control of the vehicle shall submit the vehicle for required inspec tion within said 15 days. A motor vehicle which is not garaged or operated with in the Commonwealth during its as signed inspection period may be operated for 3 days after its return to the Co mmonwealth if the motor vehicle does not bear satisfactory proof of inspection from another juri sdiction. The owner or person in control of thePage 6 vehicle shall submit the vehicle for required inspec tion within said 3 days. All vehicles actively registered which are either not garaged or operate d, within the Commonwealth or temporarily off the road and unable to be inspected during their assigned inspection pe riod must notify the registrar no later than the date of expirati on on the previously issued Certif icate of Inspection in a manner prescribed by the registrar. (i) Common Carrier Motor Vehicles. The mandat ory inspection requirement s of 540 CMR 4.00 are not a substitute for any inspection which may be required by the Department of Public Utilities pursuant to M.G.L. c. 159A.

4.04: Procedures for Inspection of Non-Commercial Motor Vehicles

(1) Prior to beginning insp ection, a visual check of the vehicle sh all be made to determine that ice and snow accumulation or the condition of the susp ension system will not impede or interfere with the proper aiming of headlamps, or that any space sa ver temporary spare tire is mounted on any axle. (a) The Certificate of Registrati on shall be inspected and the information contained thereon, including license plate, vehicle description, and vehicle identification number, shall be verified by observation of the subject vehicle. The in formation contained on the Certificate of Registration shall also be matched with the ve hicle information accessible to the workstation. The data appearing on the Registration Certificat e, the data accessible on the Workstation, the data appearing on the vehi cle license plate, and the vehicle id entification number and description must match in order for the inspection to procee d. No fee shall be assessed for an inspection which does not proceed due to a data match failure. (b) A Turnaway Document must be given to th e operator of any vehicle refused for inspection

due to an incorrect vehicle iden tification number, registration nu mber, or for any reason a vehicle is otherwise refused for inspection. (c) No certificate of registration need be pr oduced for a vehicle havi ng a general registration issued in accordance with the pr ovisions of M.G.L. c. 90, § 5. E ither a photocopy of the original certificate of registration or the original certificate of registra tion may be produced for all other

motor vehicles. (d) A licensed inspector may refu se to conduct an inspection if th e motor vehicle's registration is

determined to be invalid.

(2) Inspection of the Vehicle . All inspections must be performed in accordance with the applicable provisions of 540 CMR 4.00 and 310 CM R 60.02 by licensed inspectors in the inspection bay or area approved for inspections by the Registrar. (a) Inspectors must first collect the proper fee for the inspection. (b) License plate(s), shall be undamaged, secu rely mounted, clean and clearly visible. No bumper, trailer hitch or other accessory may interf ere with a clear view of the license plates. The license plate must be mounted in the proper location on the rear of the vehicle if the vehicle has been issued one plate. Both license plates must be mounted in the proper location on the rear and front of the vehicle, if the vehicle has been i ssued two plates. Any deco rative license plate or license plate replica not issued by the Registry of Motor Vehi cles on which any jurisdiction name appears must be removed from the vehicle. (c) General Registration Holders, every motor vehicle in possession of a general registration shall be checked for the proper display of the compliance decal issued pursuant to 540 CMR 18.03. The Vehicle Identification Number (V.I.N.) and Registration Number indicated on the decal shall correspond with such numbers as obse rved by the inspector on the vehicle inspected. This requirement does not apply to motor vehi cles owned and displaying a dealer plate. (d) Upon the successful completion of the inspec tion and a determination by the inspector thatPage 7 the vehicle meets all inspection requirements, the inspector shall remove the old Certificate of Inspection from the windshield and affix the ne w Certificate of Insp ection and provide the motorist with all inspection documenta tion and program literature as required. (e) A vehicle which is determined not to meet all inspection requirements shall be issued a Certificate of Rejection.

(3) Perform Emissions Testi ng Requirements and Procedures

. (a) Exemptions . The following motor vehicles are exempt from emissions testing: Any vehicle exempted pursuant to 310 CMR 60.02(3)(b) and in accordance with M.G.L. c. 111, § 142M. (b) Conformance with Environmental Standards . All Emissions Inspections shall be performed in accordance with the applicable provisi ons of 310 CMR 60.02 a nd 540 CMR 4.00, and any written policies or procedur es provided by the Regist rar or the Commissioner.

(4) Brakes. (Non Commercial Vehicles)

(a) The inspector shall operate the vehicle to test the parking and servic e brake. The parking brake on all vehicles will be tested by accel erating the motor to approximately 1,200 to 1,300 RPMs with the vehicle in the lowest forward gear against the brake in the applied position. The vehicle will be rejected if the parking brake will not hold. The service brakes will be tested at a speed of between four and eight MPH. Service brak es must be reasonably equalized so that the vehicle does not pull noticeably to either side when applied. A test with the brake meter shall be made at a speed of 15 to 25 MPH in all questionable cases. (b) Brakes shall be adequate to stop the vehicle from a speed of 20 MPH in not more than the following distances:

Service (foot) Brake Pleasure Vehicles 30 feet

Trucks and Buses 40 feet Parking (hand) Brake All Vehicles 80 feet

(c) Additional Requirements For Types of Brake Systems. 1. Hydraulic Brake Systems . While the vehicle is stoppe d, apply approximately 125 pounds foot-force to the brake pedal a nd hold for ten seconds. Reject the vehicle if the brake pedal height cannot be maintained or if less than 20% of the total available brake pedal travel remains or if the brake failure warning li ght on vehicles so equipped illuminates. 2. Power Brake Systems . Stop the vehicle engine and depre ss the brake pedal several times to eliminate all vacuum in the system. Depress pe dal with a light force, approximately 25 pounds foot-force and while maintaining this force on pe dal, start the vehicle engine and observe if pedal moves slightly with engine running. The vehicle will be rejected if the pedal does not move slightly as the engine is started while pressure on the brake pedal is maintained. During the inspection of the vehicle, the condition of visible hydraulic components should be checked. The vehicle shall be rejected if evidence of fluid leaks or chafing, cracking, swelling, restriction or other damage exists on hydraulic tubing or hoses or if they are not securely fastened or improperly retained.

(5) Muffler and Exhaust System . Accelerate motor to test for pr evention of unnecessary noise and emission of any unreasonable amount of smoke. The exhaust system, exhaust manifold(s), exhaust pipe(s), muffler(s), and tailpipe(s), if designed to be so equipped, sh all be tight and free of leaks. System components shall be securely fastened with fasteners in place and undamaged. All motor vehicle exhaust systems shall discharge the exhaust beyond oper ator, passenger, and/or trunkPage 8 compartment. Unnecessary noise is herein defined as any noise which is louder than that emitted by the vehicle when equipped with the original manufact urer's equipment. A gas or diesel vehicle will be rejected if, at normal operating te mperature, when at idle or a ny constant speed, visible black or

blue exhaust emissions are evident.

(6) Steering and Suspension

. (a) Check for free steering by turning the steeri ng wheel through a full right and left turn. Reject a vehicle if binding or interference occurs during the procedure. W ith the front wheels in the straight ahead position (and the engine runn ing on vehicles equipped with power steering) measure lash or lost movement at the steering wheel rim. (b) Lash or lost movement on passenger cars and station wagons, as measured at the steering wheel rim, should not exceed two inches if the ve hicle is equipped with manual steering. Lash or lost movement on antique motor vehicles will be measured by steering wheel diameter in accordance with the following schedule:

Steering Wheel Diameter Lash (shall not exceed)

16" 2"

18" 2 1/4"

20" 2 1/2"

22" 2 3/4" Antique Motor Vehicles Over 1/8 turn

(c) The front end (each side) of all vehicles wi ll be raised by jacking and visually examined. Vehicles equipped with ball joints will be raised and checked in accordance with the applicable manufacturer’s specifications. (d) Reject a vehicle with excessive wear or play in any part of the st eering mechanism or of

the vehicle that would affect proper steering. (e) Reject a vehicle with broken, bent or missing shock absorbers or suspension springs.

(7) Horn . Sound horn to test for adequate signal. The horn mu st be securely fastened to the vehicle.

(8) Glazing, Mirrors and Windshield Wiper(s).

(a) All glazing originally equipped on the vehicle must be in place. (b) Windshield Critical Viewing Area is the area covered by the sweep of the wiper(s)

exclusive of the outer two inches within the perimeter of the wiper(s ) sweep, provided by the

vehicle manufacturer. (c) Windshields having any of the following defects will be rejected: 1. Any broken glass with sharp or jagged edges inside or outside. 2. Any stone bruise, star break, or bulls eye, damage in excess of one inch in diameter 3. Single line cracks which extend more than th ree inches into the critical viewing area. 4. Multiple cracks, having one or more which extends into the critical viewing area. 5. Wiper scrape(s) in exce ss of 1/4 inch wide within the critical viewing area. 6. Clouding extending more than three inches within the perimeter of the exposed glass. 7. No poster, sticker decal or any other item sh all be attached to the windshield in such a manner so as to obstruct the vision of the operator. 8. Any tinting or reflective ma terial applied by brush, spray, or adhesive which is below the uppermost six inches of the windshield or which may encroach upon the drivers direct forward viewing area. (All such tinting provided by the original manufacturer in compliance with applicable Federal Motor Vehicle Safety Standards is acceptable.)Page 9 (d) Rear Windows . Rear windows, if originally equippe d, must allow an unobstructed view to the rear, unless the vehicle is equippe d with two outside rear view mirrors. (e) Windshield Wiper(s). Test for proper operation. Winds hield wipers must work as originally designed. If the ve hicle was equipped with two wipers, as furnished by the manufacturer, both must be maintained in good work ing order. Wiper blades must properly contact the windshield and, be of the same length as thos e furnished as original equipment. The rubber elements shall be free from damage or tears. (f) Windshield Cleaner . If the vehicle was equipped with windshield cleaner equipment as furnished by the manufacturer, units must be maintained in good working order. (g) Window Tinting . Aftermarket tinting or alterations th at do not change the transparency beyond that of the standards set forth in 49 CFR Part 571.205 is acceptable on windows immediately adjacent to the operator and front pa ssenger seat, the windows immediately to the rear of the operator and front passenger seat and the rear window. If the rear window has any aftermarket tinting or alterations, the vehicle must be equipped with two outside rear view mirrors. The windshield may only be tinted down to the AS -1 line usually located in the uppermost six inches of the windshield. 540 CMR 4.04(8 )(g) shall not apply to the following: 1. All window tinting as provided by the original manufacturer that is in compliance with applicable Federal Motor Ve hicle Safety Standards. 2. Authorized vehicles used to transport K-9 teams. 3. Vehicles registered out of state. 4. Vehicles for which a medical exemption has b een issued by the Registry of Motor Vehicles. 5. All windows to the rear of the operator's seat on vehicles used for public livery, except taxicabs. 6. Any vehicle registered to the federal, state or local law enforcement agencies. 7. Vehicles registered to watch guard or patrol agencies licensed under the provisions of section 20 of Chapter 147 or section 63 of Chapter 122.

(9) Rear View Mirrors . Each motor vehicle shall be equipped with at least one mirror so placed and adjusted as to afford the operator a clear, reflected view of the highway to the rear and left side of

the motor vehicle. All mirrors as furnished by the manufacturer must be in place and maintained in good working order. Check mirror(s) and reject if:

(a) Mirror is cracked, broken, tarnished or reflective surface is peeled. (b) Mirror will not hold adjustment or is not m ounted securely to prevent excessive vibration. The mirror contains sharp edges, projections or irregular indents capab le of producing injury.

(10) Lighting Devices

.

(a) Tail Lights . Every motor vehicle, except a two wheeled motorcycle, an antique motor car, and a farm tractor, shall be equipped with two red light s (tail lamps) mounted one at each side of the

rear of the vehicle so as to show two red lights from behind and equi pped with two stop lights (stop lamps) mounted and displayed in a like manner. A single lamp may combine both of the above functions. Every motor vehicle shall be eq uipped with a white light so arranged as to illuminate the rear number plate so that it is plainly visible at 60 feet. (b) Directional . Front and rear directional signals will be operable on every vehicle originally equipped with such signals. Every motor vehi cle registered in the Commonwealth, which was manufactured for the model year 1967 and for subs equent model years, shall be equipped with a device to permit the front and rear dir ectional signals to flash simultaneously. (c) Headlamps . Headlamp aim shall be checked in accordance with the specifications as most recently provided by the Registrar. (d) Lighting Devices and Reflectors . All lighting devices and reflectors required by applicable Federal Motor Vehicle Safety Standards or part 393 of Federal Motor Carrier Safety RegulationsPage 10 for all motor vehicles when the particular vehi cle was originally manufactured and such devices required by Massachusetts General Law or Rules a nd Regulations applicable to the particular vehicle inspected shall be securely attached to the vehicle and capable of performing their design functions. Lenses must be intact, clean, unobstructe d, and free from cracks. The use of adhesive tape to repair lenses is prohibited. (e) Aftermarket Lighting. Any aftermarket lightin g inconsistent with FMVSS 108 or M.G.L c 90

shall be removed or the ve hicle shall be rejected.Page 11 (11) Tires.

(a) A certificate of rejection shall be issued to any vehicle submitted for inspection with a

tire mounted which exhib its any of the following conditions: 1. Fabric break or cut in excess of one inch; bum p or knot evidencing dete rioration of the tire structure; or any ply or cord structure visible.

2. For tires without tread wear indicators: Measurement taken with tread depth gauge reveals that 2/32 inch or less of tread depth is present in any re-cut, re-grooved, sized or original tread

groove. 3. For tires with tread depth indicators: Tire is worn so that any tread wear indicator contacts

the road. 4. Studded tires between May 1 and Novemb er 1 unless approved by the Registrar. 5. Restricted markings indicating usage limited to any condi tion other than permanent highway

use. 6. Radial ply tire(s) on the same axle with non ra dial tire(s); Radial ti re(s) on the front axle with non-radial tire(s) on the re ar axle (Exception: Vehicles equipped with dual rear wheels may have radial and non radial tires on any axle provided they are not intermixed on the same axle).

7. Tire size shall be the same on each side of th e front and/or rear axle. Tire size may be

different between front and rear axles as determined by vehicle manufacturer. (b) Wheels, Wheel Bolts, Nuts or Lugs . A certificate of rejection shall be issued to any vehicle submitted for inspection which exhibits any of the following conditions: 1. Any part of any mounted wh eel is bent, cracked, rewelded , damaged or has elongated bolt holes which may affect safe operation of the vehicle. 2. Wheel bolts, nuts, studs or lugs are loose, missing, damaged or are not compatible for use with wheel design.

(12) Bumpers, Fenders, Extern al Sheet Metal and Fuel Tank. A Certificate of Rejection shall be issued if any of the fo llowing conditions are evident:

(a) Bumpers . Broken or bent bumpers, fenders, exterior sheet metal or moldings, having sharp edges or abnormal protrusions extending beyond nor mal vehicle extremities so as to constitute a danger to pedestrians and other motor vehicle tra ffic. If bumper face plat es are removed, bumper brackets must also be removed. On vehicles equi pped with air bags bumpers may not be removed. The vehicle hood, door(s), luggage compartment lid, and battery or engine compartment doors or lids, if so equipped, must opera te as originally designed. (b) Fenders . Front and rear fenders must be in place on all vehicles manufactured after model year 1949 if such vehicles were design ed and manufactured to be opera ted with front and rear fenders. Every passenger motor vehicle unde r 10,000 lbs. (GVWR) , except f our wheel drive vehicles which are equipped with tires which extend bey ond the fenders or body of such vehicle shall be equipped with flaps or suitable guards to reduce such spray or splash to the rear and side. (c) Floor Pans . Holes or cracks, due to rust or otherwis e, in the floor pans or other body panels which would permit the passage of exhaust gase s into the passenger or trunk compartments. (d) Fuel Tanks . Fuel tanks and all fuel system components including fuel caps which are not securely attached to th e vehicles body or chassi s, or that are leaking. (e) Frame or Unibody. Broken, cracked, modified or rusted st ructural parts of the undercarriage or unibody so as to cause a hazard or structural weakness.Page 12 (13) Altered Vehicle Heights . The original manufacturers specified height of motor vehicles with an original manufacturers gross vehicle weight rating of 10,000 pounds or less shall not be altered by elevating or lowering the chassis or body by more than two inches , except that four-wheel drive motor vehicles with a original manufacturer's gr oss vehicle weight rati ng of 10,000 pounds or less may be altered in accordance with the provisions of 540 CMR 6.00. The Registrar may periodically provide approved altered vehicle heig ht specifications for said fou r-wheel drive vehicles. Any motor vehicle altered, modified, or changed beyond the aforementioned two inches, or the Registrar's approved altered height specifi cations, shall be rejected.

(14) Safety Belts, Lap Be lts and Shoulder Restraints. Safety belts, lap belts and shoulder restraints originally inst alled in motor vehicles manufactured af ter July 1, 1966 shall be inspected to

assure that all are maintained in good order. It shall be the responsibility of the motorist that the safety belts are readily accessible for inspection.

(15) Air Bags . Vehicles so equipped must comply with 49 Code of Federal Regulations, Parts 571 through 595. Effective beginning October 1, 2008, the inspector shall check for proper operation of the airbag malfunction indicato r lamp. If not operating as designe d, or if the lamp indicates a malfunction in the airbag system, or if any airbag originally equipped in the vehicle is deployed or is missing the vehicle sh all be rejected.

(16) Fuel Tank Cap Visual Check . The vehicle shall fail the gas ca p visual check if the cap is missing, defective, or does not properly fit the vehicle.

4.05: Procedures for Inspectio n of Commercial Motor Vehicles

(1) Prior to beginning inspection, a visual check of the vehicle shall be made to determine that ice and snow accumulation or the condition of the susp ension system will not impede or interfere with the proper aiming of headlamps. (a) The Certificate of Registra tion shall be inspected and the information contained thereon, including license plate, vehicle description, and vehicle identification number, shall be verified by observation of the subject vehicle. The in formation contained on the Certificate of Registration shall also be matched with the ve hicle information accessible to the workstation. The data appearing on the Registration Certificat e, the data accessible to the Workstation, the data appearing on the vehi cle license plate, and the vehicle id entification number and description must match in order for the inspection to procee d. No fee shall be assessed for an inspection which does not proceed due to a data match failure. (b) A Turnaway Document must be given to th e operator of any vehicle refused for inspection

due to an incorrect vehicle iden tification number, registration nu mber, or for any reason a vehicle is otherwise refused for inspection. (c) No certificate of registration need be produc ed for any vehicle having a general registration issued in accordance with the pr ovisions of M.G.L. c. 90, § 5. E ither a photocopy of the original certificate of registration or the original certificate of regist ration may be produced for other

motor vehicles. (d) A licensed inspector may refuse to conduct an inspection if the motor vehicle's registration is

determined to be invalid.

(2) Inspection of the Vehicle . All inspections must be performed in accordance with the applicable provisions of 540 CMR 4.00 and 310 CMR 60.02 by licensed inspectors in the inspection bay or area approved for inspections by the Registrar.Page 13 (a) Inspectors must first collect the proper fee. (b) License plate(s), shall be undamaged, securely mounted, clean and clearl y visible. No bumper,

trailer hitch or other acc essory may interfere with a clear view of the license plates. The license plate must be mounted in the proper location on th e rear of the vehicle if the vehicle has been issued one plate. Both license plates must be mounted in the proper loca tion on the rear and front

of the vehicle if the vehicle has been issued tw o plates. Any decorative li cense plate or license plate replica not issued by the Registry of Moto r Vehicles on which any jurisdiction name appears

must be removed from the vehicle. (c) General Registration Holders. Every motor vehicle in posse ssion of a general registration holder shall be checked for the proper display of the compliance decal issued pursuant to 540 CMR 18.03. The Vehicle Identification Number (V.I .N.) and Registration Nu mber indicated on the decal shall correspond with said numbers of the ve hicle inspected. This requirement does not apply to motor vehicles owned and registered by a dealer and displaying a dealer plate. (d) Upon the completion of the inspection, the inspector will re move the old Certificate of Inspection from the windshield, and affix the ne w Certificate of Insp ection and provide the motorist with all inspection documentati on and program literature as required. (e) A vehicle which is determined not to meet all inspection requirements shall be issued a Certificate of Rejection.

(3) Perform Emissions Testing Requirements and Procedures. (a) The following motor vehicles are exempt from emissions testing: Any vehicle exempted pursuant to 310 CMR 60.02(3)(b) and in accordance with M.G.L. c. 111, § 142M.

(4) Reflectors. Every commercial motor vehicle or traile r weighing, with its lo ad, more than 12,000 pounds shall be equipped with a red reflector at the rear.

(5) Chock Blocks. Every bus having a seating capacity of more than seven passengers, every truck weighing, unloaded, more than 4,000 pounds and every tractor, trailer, semi-trailer or combination which is not equipped with positiv e spring loaded, air parking brak es, shall be equipped with one pair of adequate safety chock blocks.

(6) Splash Guards . Every motor vehicle or trailer, ex cept passenger motor vehicles, shall be equipped with suitable guards which will effectively reduce the spray or splash, to the rear, of mud, water, or slush, caused by the rear wheels.

(7) Marker Light . Commercial motor vehicles and trailers, having a registered carrying capacity of three tons or over, shall have an amber light attached to the extreme left of the front of the vehicle, so attached and adjusted as to indicate the extr eme left lateral extension of the vehicle or load.

(8) Horn . Sound horn to test for adequate signal. The horn must be secure ly fastened to the vehicle.

(9) Warning Devices . Every commercial motor vehicle or trai ler that is required to have a backup warning device shall be checked for proper opera tion of said device. Every commercial motor vehicle equipped with a dump body shall be equipped with an adequate audible warning system to alert the operator when the dump body is in an upright and elevated position.

(10) Bumpers . The existence of broken or bent bumpers, fenders, exterior sheet metal or moldings having sharp edges or abnormal protrusions extendi ng beyond normal vehicle ex tremities so as toPage 14 constitute a danger to pedestrian s and other motor vehicle traffic shall be reason for rejection. If bumper face plates are removed, bu mper brackets must also be re moved. On vehicles equipped with air bags the front bumper may not be removed. Th e vehicle hood, door(s), luggage compartment lid, and battery or engine compartment doors or lids, if so equipped, mu st be capable of being firmly

latched.

(11) Fenders . Front and rear fenders must be in place. Every commercial motor vehicle which is equipped with tires which extend beyond the fenders or body of such vehicle shall be equipped with flaps or suitable guards to reduce such sp ray or splash to the rear and side.

(12) Seat Belts . Seat Belts shall be inspected to assure that all are maintained in good order. The Requirements of 49 CFR, Part 393.93 shall apply.

(13) Air Bags . Vehicles so equipped must comply with 49 CFR, Parts 571 through 595. The inspector shall check for proper operation of the airbag malfuncti on indicator lamp. If not operating as designed, or if the lamp indicat es a malfunction in the airbag system, or if any airbag originally equipped in the vehicle is deployed or is missing the vehicle shall be rejected.

(14) Procedures for Inspecting Cert ain Commercial Motor Vehicles a nd Trailers Pursuant to Federal Regulation . 49 CFR Parts 390 through 397, including Appendi x G to Sub-Chapter B, as appearing or as may be revised in the Code of Federal Regulations, as related to the inspection of Commercial Motor Vehicles or any activity related thereto, are hereby adopted as the Regul ations of the Registry of Motor Vehicles. Said regulations are applicable to trucks with a gross vehicle we ight rating of over 10,000 pounds, buses transporting more than 15 pa ssengers including the driver or any motor vehicle transporting hazardous ma terials in a quantity requiring placarding in accordance with the Hazardous Material Regulations of the United Stat es Department of Transportation, 49 CFR Parts 171 through 180. In the event of any conflict between these regulations and a ny other regulations or

law of the Commonwealth of Massa chusetts, the stricter more st ringent standard shall apply. A Certificate of Rejection shall be issued to any vehicle or trailer submitted for inspection if any of the following conditions exist:

(a) Air Brake Systems

. 1. Leakage Test . Start the vehicle engine and run at fast idle until air pressure on gauge reaches cut-off point. Cut-off must occur at 90 pounds per square inch or more, or manufacturer specifications. Stop engine and observe pressure gauge. With service brakes in released position, if drop in pressure exceeds 2 PSI in one minute for a single vehicle or 3 PSI for a combination vehicle or if audible leakage is evid ent, the vehicle will be rejected. Start engine and allow system to reach maximum pressure. St op engine and apply service brakes, at which time a pressure drop of 5 PSI to 15 PSI will occur and system will be stabilized. With brakes in applied position, if drop in pressure exceeds 3 PSI in one minute for a single vehicle, or 4 PSI per minute for a combination vehicle, or of audi ble leakage is evident, the vehicle will be rejected. 2. Low Pressure Warning Device Test . Apply service brakes repeatedly until the audible and visual low pressure indicator comes on. Reject vehicle if indicator comes on above 70 PSI or

below 50 PSI or if the indicator is inoperable. A gauge indicating pressure is not deemed to be an adequate low pressure indicator. 3. Condition of Air Brake Components. During the inspection of the vehicle, the conditions of visible air brake components should be checked. The vehicle shall be rejected if tubing or hoses are cracked, chafed, or re stricted or are insecurely fa stened or improperly retained. (b) Brake System

.Page 15 1. Service Brakes

.

a. All brake systems are to be inspected in accordance with the manufacturer(s) recommended procedures. Absence of braking ac tion of any axle required to have brakes upon application of the service br akes (such as missing brakes or brake shoe(s) failing to move upon application of a wedge, S-cam, cam, or disc brake). b. Missing or broken mechanical components in cluding shoes, lining, pads, springs, anchor pins, spiders, cam rollers, push r ods, and air chamber mounting bolts. c. Loose brake components including air chamber spiders, and cam shaft support brackets. d. Audible air leak at brake chamber (example-ruptured diaphragm, loose chamber clamp, etc.). e. Re-adjustment limits . The maximum stroke at which brak es should be readjusted is given below. Any brake 1/4" or more past the re -adjustment limit or any two brakes at the readjustment limit on less than 1/4" beyond the re-adjustment limit shall be cause for rejection. Stroke shall be measur ed with the engine off and reservoir pressure of 80 to 90 PSI with brakes fully applied.

BOLT TYPE BRAKE CHAMBER DATA

Type Effective area (sq. in.) Outside dia. (in.) Maximum stroke at

which brakes should be readjusted

A 12 6 15/16 1 3/8

B 24 9 3/16 1 3/4

C 16 8 1/16 1 3/4

D 6 5 1⁄4 1 1/4

E 9 6 3/16 1 3/8

F 36 11 2 1/4

G 30 9 7/8 2

ROTOCHAMBER DATA

Type Effective area (sq. in.) Outside dia. (in.) Maximum stroke at

which brakes should be readjusted

9 9 4 9/32 1 1/2

12 12 4 13/16 1 1/2

16 16 5 13/32 2

20 20 5 13/16 2

24 24 6 13/32 2

30 30 7 1/16 2 1/4

36 36 7 5/8 2 3/4

50 50 8 7/8 3

CLAMP TYPE BRAKE CHAMBER DATA

Type Effective area (sq. in.) Outside dia. (in.) Maximum stroke at

which brakes should be readjustedPage 16 6 6 4 1⁄2 1 1/4

9 9 5 1⁄4 1 3/8

12 12 5 11/16 1 3/8

16 16 6 3/8 1 3⁄4

20 20 6 24/32 1 3⁄4

24 24 7 7/32 1 3⁄4

30 30 8 3/32 2

36 36 9 2 1⁄4

1. (Note: 2” for long stroke design) Wedge Brake Data. Movement of the scribe mark on the lining shall not exceed 1/16

inch. f. Brake linings or pads. i. Lining or pad is not firmly attached to the shoe; ii. Saturated with oil, gr ease, or brake fluid; or iii. Non-steering Axles : Lining with a thickness less than 1/4 inch at the shoe center for air drum brakes, 1/16 inch or less at the shoe center for hydraulic and electric drum brakes, and less than 1/8 in ch for air disc brakes. iv. Steering Axles : Lining with a thickness less than 3/ 16 inch at the shoe center for drum brakes, less than 1/8 inch for air disc brakes and 1/16 inch or less for hydraulic disc and

electric brakes. g. Missing brake on any axle required to have brakes. h. Mismatch across any power unit steering axle of:

i. Air chamber sizes. ii. Slack adjuster length.

2. Parking Brake System. No brakes on the vehi cle or combination are applied upon actuation of the parking brake control, in cluding driveline hand controlled parking brakes. The inspector shall operate the vehicle to test the parking and service brake. The parki ng brake on all vehicles shall be tested by sufficiently accelerating the motor with the vehicle in the lowest forward gear against the brake in the a pplied position. The vehicle will be rejected if the parking brake

will not hold. The service brakes will be tested at a speed of between four and eight MPH. Service brakes must be reasonably equalized so that the vehicle does not pull noticeably to either side when applied. A test with the brak e meter shall be made at a speed of 15 to 25 MPH in all questionable cases. Servi ce and parking brakes sh all be adequate to stop the vehicle from a speed of 20 MPH in not more than the following distances

Service (foot) Brake Pleasure Vehicles 30 feet

Trucks and Buses 40 feet Parking (hand) Brake All Vehicles 80 feet

3. Brake Drums or Rotors

. a. With any external crack or cracks that ope n upon brake application (do not confuse short

hairline heat check cracks with flexural cracks). b. Any portion of the drum or rotor missing or in danger of falling away.

4. Brake Hose. a. Hose with any damage extending th rough the outer reinforcement ply. (Rubber impregnated fabric cover is not a reinforcement ply). (Thermoplastic nylon may have braid reinforcement or color difference between coverPage 17 and inner tube. Exposure of second color is cause for rejection.) b. Bulge or swelling when air pressure is applied. c. Any audible leaks. d. Two hoses improperly joined (such as a splice made by sliding the hose ends over a piece of tubing and clamping the hose to the tube. e. Air hose cracked, broken or crimped. 5. Brake Tubing

. a. Any audible leak. b. Tubing cracked, damaged by heat, broken or crimped. 6. Low Pressure Warning Device . Low pressure warning devi ce missing, inoperative, or does not operate at 55 PSI and below, or 1/2 the governor cut-out pressure, whichever is less.

7. Tractor Protection Valve . Inoperable or missing tractor pr otection valve(s) on power unit. 8. Air Compressor. a. Compressor drive belts in c ondition of impending or probable failure. b. Loose compressor mounting bolts. c. Cracked, broken or loose pulley.

d. Cracked or broken mounti ng brackets, braces or adapters.

9. Electric Brakes

. a. Absence of braking acti on on any wheel required to have brakes. b. Missing or inoperable breakaway braking device. 10.Hydraulic Brakes . (Including Power Assist Over Hydr aulic and Engine Drive Hydraulic Booster). a. Master cylinder less than 1/4 full. b. No pedal reserve with engine running except by pumping pedal. c. Power assist unit fails to operate. d. Seeping or swelling brake hose(s) under application of pressure. e. Missing or inoperative check valve. f. Has any visually observed leaking hydraulic fluid in the brake system. g. Has hydraulic hose(s) abraded (cha fed) through outer cover to fabric layer.

h. Fluid lines or connections le aking, restricted, crim ped, cracked or broken.

i. Brake failure or low fl uid warning light on and/or inoperative. 11. Vacuum Systems . Any vacuum system which: a. Has insufficient vacuum reserve to perm it one full brake appl ication after engine is shut

off. b. Has vacuum hose(s) or line(s) restri cted, abraded (chafed) thr ough outer cover to cord ply, crimped, cracked, broken or has coll apse of vacuum hose(s) when vacuum is applied. c. Lacks an operative low-vacuum warning device as required. (c) Coupling Devices

. 1. Fifth Wheels

. a. Mounting to Frame

. i. Any fasteners missing or ineffective. ii. Any m ovement between mounting components. iii. Any mounting angle iron cracked or broken. b. Mounting Plates and Pivot Brackets

. i. Any fasteners missing or effective. ii. Any welds or parent metal cracked.

iii. More than 3/8 inch hori zontal movement between pivot bracket pin and bracket. iv. Pivot bracket pin missing or not secured.

c. Sliders

.Page 18 i. Any latching fasteners mi ssing or ineffective. ii. Any fore or aft stop missing or not securely attached.

iii. Movement more than 3/8 inch between slider bracket and slider base. iv. Any slider component cracked in parent metal or weld. d. Lower coupler

. i. Horizontal movement between the upper and lower fifth wheel halves exceeds 1⁄2

inch. ii. Operating handle not in closed or locked position. iii. Kingpin not properly engaged. iv. Separation between upper a nd lower coupler allowing light to show through from

side to side. v. Cracks in the fifth wheel plate, excepting cracks in fifth wheel approach ramps and casting shrinkage cracks in the ribs of the body of a cast fifth wheel. vi. Locking mechanism part s missing, broken, or deformed to the extent the kingpin is not securely held.

2. Pintle Hooks

. a. Mounting to Frame

. i. Any missing or ineffective fast eners (a fastener is not cons idered missing if there is an empty hole in th e device but no corresponding hole in the frame or vice versa). ii. Mounting surface cracks extending from point of attachment (e.g. cracks in the frame at mounting bolt holes). iii. Loose mounting. iv. Frame cross member providing pintle hook attachment cracked. b. Integrity

. i. Cracks anywhere in pintle hook assembly. ii. Any welded repair s to the pintle hook. iii. Any part of the horn section reduced by more than 20%.

iv. Latch insecure. 3. Drawbar/Towbar Eye

. a. Mounting

. i. Any cracks in attachment welds. ii. Any missing or ineffective fasteners. b. Integrity

. i. Any cracks. ii. Any part of the ey e reduced by more than 20%. 4. Drawbar/Towbar Tongue

. a. Slider (power or manual). i. Ineffective latching mechanism. ii. Missing or ineffective stop.

iii. Movement of more than 1/4 inch between slider and housing. iv. Any leaking, air or hydraulic cylinders , hoses, or chambers (other than slight oil weeping normal with hydraulic seals). b. Integrity

. i. Any cracks.

ii. Movement of 1/4 inch between subframe and drawbar at point of attachment. 5. Safety Devices

. a. Safety devices missing. b. Unattached or incapable of secure attachment.

c. Chains and Hooks

.Page 19 i. Worn to the extent of a measurable reduction in link cross section. ii. Improper repairs including we lding, wire, small bolts, rope and tape.

d. Cable

. i. Kinked or broken cable strands. ii. Improper clamps or clamping.

6. Saddle-Mounts

. a. Method of Attachment

. i. Any missing or ineffective fasteners. ii. Loose mountings. iii. Any cracks or breaks in a stress or load bearing member. iv. Horizontal movement between uppe r and lower saddle-mount halves exceeds 1/4

inch. (d) Exhaust System 1. Any exhaust system determined to be leaki ng at a point forward of or directly below the driver/sleeper compartment. 2. A bus exhaust system leaking or discharging to the atmosphere: a. Gasoline powered. In excess of six inch es forward of the rearmost part of the bus. See

540 CMR 7.00 for school buses. b. Other than gasoline powered. In excess of 15 inches forward of the rear most part of the

bus. See 540 CMR 7.00 for school buses c. Other than gasoline powered fo rward of a door or window designed to be opened, excepting emergency exits. 3. No part of the exhaust system of any motor vehi cle shall be so located as would be likely to result in burning, charring, or damaging th e electrical wiring, the fuel supply, or any combustible part of the motor vehicle. 4. The exhaust system, exhaust manifold(s), exha ust pipe(s), muffler(s), and tailpipe(s), if designed to be so equipped, shal l be tight and free of leaks. System components shall be securely fastened with fasteners in place and undamaged. 5. A gas or diesel vehicle will be rejected if , at normal operating temperature, and at any constant speed over 15 MPH. (approximately 1,000 to 1200 RPM's) visible black or blue

exhaust emissions are evident. (e) Fuel System 1. A fuel system with a visible leak at any point. 2. A fuel tank filler cap missing. 3. A fuel tank not securely attached to the mo tor vehicle by reason of loose, broken or missing mounting bolts or brackets (some fuel tanks use springs or rubber bushings to permit movement). (f) Lighting Devices . All lighting devices and reflectors re quired by Section 393 shall be operable (See Part 393 in Re ference Section). (g) Safe Loading. 1. Part(s) of vehicle or condition of loading such that the spare tire or any part of the load or dunnage can fall into the roadway. 2. Protection Against Shifting Cargo. Any vehicle without a front-e nd structure or equivalent device as required. (h) Steering Mechanism. 1. Steering Wheel Free Play . The engine must be running on vehicles equipped with power steering.

Steering Wheel Diameter Manual Stee ring System Power Steering SystemPage 20 16" 2" 4 1/2"

18" 2 1/4" 4 3/4"

20" 2 1/2" 5 1/4"

22" 2 3/4" 5 3/4"

2. Steering Column

. a. Any absence or looseness of U-bolt(s) or positioning part(s). b. Worn, faulty or obviously repa ir welded universal joint(s). c. Steering wheel not properly secured. 3. Front Axle Beam and All Steering Components Other Th an Steering Column

. a. Any crack(s) in gear box or mounting brackets. b. Any obvious weld or repair(s). 4. Steering Gear Box a. Any mounting bolts lose or missing. b. Any crack(s) in gear box or mounting brackets.

5. Pitman Arm . Any looseness of the pitman arm on the steering gear output shaft. 6. Power Steering. Auxiliary power assi st cylinder loose.

7. Ball and Socket Joints

. a. Any movement under steering load of a stud nut. b. Any motion, other than rota tional between any linkage me mber and its attachment point of more than 1/8 inch. 8. Tie Rods and Drag Links

. a. Loose clamp(s) or clamp bolt( s) on tie rods or drag links. b. Any looseness in any threaded joint.

9. Nuts . Nut(s) loose or missing on tie rods, pitman arm, drag link, steering arm or tie rod arm. 10. Steering System. Any modification or othe r condition that interferes with free movement of any steering component. 11. King Pin. Reject vehicle if measured movement at top or bottom of tire is greater than:

Wheel Size: 16 inches or less 1/4" (6.5mm) 17 to 18 inches 3/8" (9.5mm) Over 18 inches 1/2" (13mm)

KINGPIN PLAY PROCEDURE: Relative to vehicles equipped with Kingpins. MVMA recommended procedures as noted in 540 CMR 4.05(13(h)11.

Be sure wheel bearing movement is eliminat ed by applying servi ce brake during checking procedure.

Procedure : First eliminate all wheel bearing movement by applying service brake.

With front end lifted, as illustrated for inspecting wheel bearings, grasp the tire at the top and bottom and attempt to move in and out to det ect looseness. A pry bar may be necessary on heavy wheels.

Measure the movement at the top or bottom of the tire at the outer circumference. Reject vehicle if measured move ment at top or bottom of tire is greater than the distancesPage 21 described below:

Wheel size: 16 inches or less - 1/4" (6.5mm) 17 to 18 inches - 3/8" (9.5mm) Over 18 inches - 1/2" (13mm)

The registration of the vehicle will be suspended if thrust bearings or kingpin lock or draw keys are missing or if examination of the vehicl e reveals that steering knuckles are excessively

worn or cracked. Measured movement in exce ss of the following amounts will result in the suspension of the vehicle registration: 16 inches or less - 1/2" (13.0 mm) 17 to 18 inches - 3/4" (19.0 mm) Over 18 inches - 1.0" (26.0 mm)

(i) Suspension System 1. Any U-bolt(s), spring hanger(s), or other axle positioning part(s) cracked, broken, loose or missing resulting in shifting of an axle from its normal position. (After a turn, lateral axle displacement is normal with some suspensions. Fo rward or rearward operation in a straight line will cause the axle to return to alignment.) 2. Spring Assembly

. a. Any leaves in a leaf spring assembly broken or missing. b. Any broken main leaf in a leaf spri ng assembly, (include assembly with more than one main spring). c. Coil spring broken. d. Rubber spring missing. e. One or more leaves displaced in a ma nner that could result in co ntact with a tire, rim,

brake drum or frame.

f. Broken torsion bar spring in a torsion bar suspension. g. Deflated air susp ension, i.e., system failure, leak, etc. 3. Torque, Radius, or Tracking Components . Any part of a torque, radius or tracking component assembly or any part used for attaching the same to the vehicle frame or axle that is cracked, loose, broken or missing. (Does not apply to loose bushings in torque or track rods).

4. Shocks : Any broken, bent, missing shock absorbers or suspension springs. (j) Frame

1. Frame Members

.

a. Any cracked, broke n, loose, or sagging frame member. b. Any loose or missing fasteners incl uding fasteners attachi ng functional component such as engine, transmission, st eering gear, suspension, body parts, and fifth wheel.

2. Tire and Wheel Clearance . Any condition, including loading that causes the body or frame

to be in contact with a tire or any part of the wheel assemblies. 3. Adjustable Axle Assemblies (Sliding Subframes). Adjustable axle assembly with locking pins missing or not engaged. (k) Tires. 1. Any tire on any steering axle of a power unit.

a. With less than 4/32 inch tread wh en measured at any point on a major tread groove.

b. Has body ply or belt material exposed through the tread or sidewall. c. Has any tread or sidewall separation.Page 22 d. Has a cut where the ply or belt material is exposed. e. Is labeled "Not For Highway Use" or displaying other marking which would exclude use on steering axle (except for farm vehicles, implements of husbandry, and off-road equipment is used on highway at restricted speeds). f. A tube-type radial ti re without radial tube stem mark ings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word

"radial" molded in rubber stems. g. Mixing bias and radial tires on the same axle h. Tire flap protrudes thr ough valve slot in rim and touches stem. i. Re-grooved tires on buses, trucks and truck tractors, except for trucks and truck tractors equipped with front tires with a load carrying capaci ty of less than that of 8.25 -20 8 ply-rating tires. j. Boot, blowout patch or other ply repair. k. Weight carried exceeds tire load lim it. This includes overloading tire resulting from low air pressure.

l. Tire is flat or has noticeable (e.g., can be heard or felt) leak. m. Any bus equipped with recapped or re-treaded tire(s).

n. So mounted or inflated that it co mes in contact with any part of the vehicle.

o. Tire size shall be the same on each side of the front and/or rear axle. Tire size may be

different between front and rear axles as determined by vehicle manufacturer.

2. All tires other than those found on the steering axle of a power unit: a. Weight carried exc eeds tire load limit. This includes overloaded tire resulting from low

pressure. b. Tire flat or has noticeab le (e.g., can be heard or felt) leak. c. Has body ply or belt material exposed through the tread or sidewall. d. Has any tread or sidewall separation. e. Has a cut where ply or belt material is exposed.

f. So mounted or inflat ed that it comes in contact with any part of the vehicle. (This includes a tire that contacts its mate.) g. Is labeled "Not For Highway Use" or displaying other marking which would exclude use on steering axle (except for farm ve hicles, implements of husbandry, and if off-road equipment is used on highway at restricted speeds).

h. With less than 2/32 inch tread when measured at any point on a major tread groove.

i. Tire size shall be the same on each side of the front and/or rear axle. Tire size may

be different between front and rear axle s as determined by vehicle manufacturer. (l) Wheels and Rims 1. Lock or Side Ring . Bent, broken, cracked, improperly seated, sprung or mismatched ring(s).

2. Wheels and Rims. Cracked or broken or has elongated bolt holes. 3. Fasteners (Both Spoke and Disc Wheels) . Any loose, missing, broke n, cracked, stripped or

otherwise ineffective fasteners.

4. Welds

. a. Any cracks in welds at taching disc wheel disc to rim. b. Any cracks in welds attachi ng tubeless demountable rim to adapter. c. Any welded repair on aluminum wheel(s) on a steering axle. d. Any welded repair other than disc to rim attachment on steel disc wheel(s) mounted on the steering axle.

(m) Windshield Glazing.Page 23 1. Windshield Critical Viewing Area is the area covered by the sw eep of the wiper(s)

exclusive of the outer two inches within the perimeter of the wiper(s ) sweep, provided by the

vehicle manufacturer. 2. Windshields having any of the following defects will be rejected: a. Any broken glass with sh arp or jagged edges inside or outside. b. Any stone bruise, star break, or bulls eye, damage in excess of one inch in diameter within the critical viewing area or la rger than two inches ou tside the critical viewing areas, or multiple such damage. c. Single line cracks which extend more than three inches into the critical viewing area. d. Multiple cracks, having one or more which extends into the critical viewing area. e. Wiper scrape(s) in excess of 1/ 4 inch wide within th e critical viewing area. f. Clouding extending more than three in ches within the perimeter of the exposed glass. g. No poster, sticker decal, etc. shall be atta ched to the windshield in such a manner so as to obstruct the vision of the operator. h. i. Any tinting or reflective material applied by brush, spray, or adhesive which is below the uppermost six inches of the windshield or which may encroach upon the

driver's direct forward vi ewing area. (All such tinti ng provided by the original manufacturer in compliance with applicable Federal Motor Vehicle Safety Standards is acceptable.) ii. Window Tinting . Aftermarket tinting or alterati ons that do not change the transparency beyond that of the standards set forth in 49 CFR Part 571.205 is acceptable on windows immediately ad jacent to the operator and front passenger seat and the windows immediately to th e rear of the operator a nd front passenger seat. The rear window may also be so tinte d provided the vehicle is e quipped with two outside

rear view mirrors. The windshiel d may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield. 3. 540 CMR 4.05(14)(m)2.h. shall not apply to the following: a. All window tinting as provided by the orig inal manufacturer that is in compliance with applicable Federal Motor Vehicle Safety Standards.

b. Authorized vehicles used to transport K-9 teams. c. Vehicles registered out of state. d. Vehicles for which a medical exemp tion has been issued by the Registry of Motor

Vehicles. e. All windows to the rear of the operat or's seat on vehicles used for public livery, except

taxicabs. (n) Windshield Wipers 1. Any power unit that has an inoperative wiper, or missing or damaged pa rts that render it

ineffective. 2. Test for Proper Operation. If the vehicle was eq uipped with two wipers as furnished by the manufacturer, both must be maintained in good working order. Wiper blades must properly contact the windshield, be of th e same length as those furnished as original equipment and the rubber elements must be free from damage or tears. 3. If the vehicle was equipped with windshi eld cleaner equipment as furnished by the manufacturer, units must be maintained in good working order. (o) Fuel Tank Cap Visual Check. The vehicle shall fail the gas cap visual check if the cap is missing, defective or does not pr operly fit the vehicle.

4.06: Procedures for Inspection of Motorcycles (1) Prior to Beginning Inspection . A visual check of the motorcycle shall be made to determine thatPage 24 under-inflated tires, condition of suspension and othe r conditions visible to the inspector will not impede or interfere with the pr oper aiming of headlamps. In orde r to proceed with inspection, a properly functioning side sta nd or center stand must be able to support the weight of the motorcycle while wheels, front end and swing arm are examin ed. Passenger foot rests should be put in an upright stored position, if possible, to prevent interference with the inspection. (2) Inspection of the Motorcycle. 540 CMR 4.06 shall apply to two wheeled motorcycles or two wheeled motorcycles with a side car. All inspecti ons must be performed in accordance with the applicable provisions of 540 CMR 4.00 by certified in spectors in the approved inspection area only. Inspectors must first collect the proper fee and secure the proper Certific ate of Registration. The Certificate of Registration shall be inspected and the information c ontained thereon, including license plate, motorcycle descri ption, and vehicle identificatio n number, shall be verified by observation of the subject motorcyc le. The information contained on the Certificate of Registration shall also be matched with the motorcycle info rmation accessible to th e workstation. The data appearing on the Registration Certificate, the da ta accessible on the Workstat ion, the data appearing on the motorcycle license plate, and the vehicle identification number and motorcycle description must match in order for the inspection to proceed. No fee shall be assessed for an inspection which does not proceed due to a data match failure. Th e following inspection shall then be completed:

(a) The number plate must be undamaged, secure ly horizontally mounted on the rear of the motorcycle, clean and clearly visible. No acce ssory mounted on the motorcycle may interfere

with a clear view of the number plate. Any decorative number plate or number plate replica not issued by the Registry of Motor Vehicles for the motorcycle being inspected on which appears any jurisdictional name must be removed from the motorcycle.

(b) A Turnaway Document must be given to the operator of any motorcycle refused for inspection

due to an incorrect vehicle id entification number, registration number, or for any reason a motorcycle is otherwise refused for inspection. (c) Upon the successful completion of the inspection and a determin ation by the inspector that the motorcycle meets all inspection requirements, the inspector shall affix a new Certificate of Inspection to the license plate of the motorcycle and provide the motorist will with all inspection documentation and program literature as required. (d) Certificate of Rejection Document. A motorcycle which is determ ined by the Inspector not to meet all inspection requirements shall be issued a Certificate of Rejection document in accordance with any regulations, policies or procedures of the Registrar. (3) Brakes

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(a) Brakes must be adequate to stop a motorcycle from a speed of 20 m.p.h. in not more than 19 feet. Each motorcycle shall have either a split service brake system or two independently actuated service brake systems which, upon application, ac t on front and rear wheels. Any motorcycle which has a number plate issued under the provisions M.G.L. c. 90, § 6A (Plates for antique motor cars) which was not manufactured with either a split service brake system or two independently actuated service brake systems shal l be required to have one brake system adequate to stop said motorcycle within the aforementioned distances . For more recent model motorcycles observe whether the motorcycle utilizes a brake anti-lock equalizer system which proportionately controls braking pressure to the front and rear wheels. (b) Mechanical Brake System . Inspect the linkage, cables, pivot s and bearings for high friction,

wear and broken or missing parts. Reject motorcycle if: 1. Brake adjustment changes under any steering or loading. 2. Cotter pins are missing. 3. Pins or clevises are worn more than 25% of the original diameter.Page 25 4. The cam operating lever has been repositioned on the shaf t as a means of avoiding replacement of worn cam, shoes or lining. 5. Any cables are frayed (two or more broken strands). 6. Any brake adjustment mechanism which will not maintain an adjusted position or is adjusted to its maximum extent.

7. Front brake cable is routed so as to be pinched between fork and frame. 8. There is any roughness, binding, or jamming in levers or pedals.

9. Less than 1/3 reserve remains in hand or foot brake when brakes are applied. 10. Modifications make the pedal or lever inac cessible for adequate leverage or operation. 11. Any portion of the brake hand lever is broken or missing. (c) Hydraulic Brake System. Visually inspect the condition of the hydraulic system. Note: Do Not Remove Wheels. Reject the motorcycle if: 1. Hoses or tubing leaks or they are cracked, ch afed, flattened, restri cted or are improperly

fastened. 2. Master cylinder leaks or th e reservoir capacity is less than the manufacturer's

recommended safe level if known or less than 1/2 total capacity. 3. There is any leakage in the brake system. 4. The push rod is improperly adjusted. 5. Wheel cylinder or caliper leaks or fails to function. (d) Hydraulic System Tests . Test motorcycle in a standing po sition. The inspecto r should be able

to maintain brake or hand lever reserve under mo derate force (40-60 lbs.) for 15 seconds. Reject the motorcycle if brake reserve cannot be mainta ined for 15 seconds or if there is less than approximately 1/3 of the total av ailable pedal or brake lever travel remains. The brake lever and pedal should exhibit smooth, firm and responsive action. Allow wheels to turn freely when not in the braking mode. Reject the motorcycle if binding occurs and wheels do not turn freely. (e) Visual Inspection of Brake Pads and Discs . Where pads and discs are visible check and reject

if: 1. There is any substantial crack extendi ng to the edge of the disc or pad. 2. There is evidence of mechanical damage other than wear. 3. Friction surface of disc or pad is contam inated with oil, grease or brake fluid. 4. There is excessive roughness to the disc. 5. The disc is warped or bent. 6. Pad is broken, loose or worn beyond replacement indicators. (4) Muffler and Exhaust System

.

(a) The motorcycle shall be equipped with a mu ffler to prevent excessive and unnecessary noise which is in good working order and in consta nt operation. Accelerate motor to half throttle position to test for unnecessary noise and emissi on of any unreasonable amount of smoke. Reject a motorcycle which has a muffler cut-out or by-pass of the baffle plates, screens or other original internal parts have been removed and not replac ed. Unnecessary noise is herein defined as any noise which is louder than that emitted by the moto rcycle with original manufacturers muffler and exhaust system equipment. (b) The exhaust system includes the exhaust mani fold, the piping leading from the flange at

the exhaust manifold to and incl uding the muffler and tail piping. Vi sually and audibly inspect the exhaust system and reject the motorcycle if: 1. Tail pipe end is pi nched or obstructed. 2. System components are not securely fa stened with proper clamps or hangers. 3. The exhaust system is not shielded to prev ent riders from being burnt while riding in normal seated position.Page 26 (5) Steering, Alignment, and Suspension of Front End

.

(a) Wheel Axle Bearings. Place motorcycle on motorcycle accessory lift or center stand and slowly spin the wheels. Reject the motorcycle if: 1. There is noticeable play or roughness when wh eel is rotated or a growl is heard when

wheel is rotated. 2. Wheel bearing seals are cracked, torn, cut or are discolored a reddish-brown color. (b) Wheel Run-Out and Alignment . Inspect front to rear wheel al ignment, front wheel to fork tube alignment and wheel run-out. Reject motorcycle if: 1. Front to rear wheel misalignment exceeds one inch.

2. Front wheel is not vertical a nd parallel to front fork tubes. 3. Front fork tubes are bent or damaged preventin g full travel and free action of front forks. 4. Wheel (rim) run-out is greater than manufact urer's suggested serviceable limit or, if unavailable, greater than .060". (c) Steering Head Bearing or Bushings . With front wheel slightly off the ground, turn handlebars side to side. Reject motorc ycle if front fork binds. (d) Front Fork Tube Suspension . Inspect and reject if: 1. Front fork suspension has be en removed and replace with a solid connection. 2. There is severe leakage (not slight dampness) of front fork tube seal. 3. Dampening effect is diminish ed indicating loss of shock absorber function. (e) Handlebars . Inspect handlebars and reject if: 1. Handlebars or grips are higher than operator's shoulder level when properly seated upon motorcycle. 2. Handlebars are not of sturdy c onstruction or if of lightweight bicycle quality. 3. Handlebars do not provide a minimum of 18 inches between grip ends. 4. Handlebars are not equipped with grips of non-slip design and material. 5. Handlebars prevent front fork from rotating from stop to stop.

6. Handlebars are cracked or deformed. 7. Handlebars are imp roperly aligned with front wheel. 8. Handlebars are not securely fixed, however, rubber mounted handlebars may have slight

movement.
9. Handlebars that have been modified or repaired in an unsafe manner.

(6) Horn . Sound horn and test for adequate signal. Th e horn must be securely fastened to the motorcycle and shall not require removal of the op erator's hand from the handlebar for use. The horn shall be distinctly audible at a distance of 200 feet under normal atmosp heric conditions. The horn shall have a steady, non-oscillating tone which sh all sound only during the time the activating switch is manually applied. The horn shall not be unreasonably loud or harsh.

(7) Windshield or Windscreen . Windshield or windscreen are not requ ired, but if installed, they shall be free of cracks, discoloration or scratches which would create any vision obstruction and they shall have no sharp edges. Only approved plexi-glas s is permitted. No sign, poster, decal, other nontransparent material or mounti ng hardware shall be allowed on a windshield or windscreen which would obstruct the vision of the operator. (8) Tires . Only pneumatic rubber tires shall be permitted. Inspect tires and reject motorcycle if: (a) There is a fabric break or cut, bulge, bum p or knot related to the de terioration of the tire

structure. (b) There is any ply or cord structure visible.

(c) There is less than 2/32" of tread depth-measur ed in a major tread grove nearest the tire center using a tire tread depth gauge.Page 27 (d) Tire is worn so that a tread wear indi cator contacts the road su rface in any two adjacent

grooves. (e) Tire has been repaired w ith a sidewall plug or patch. Tire tube, if known, has been patched. (f) There is any combination of radial ply tire with non-radial tire, unless approved by tire or motorcycle manufacturer. (g) Tires designated as fr ont or rear only are improperly mount ed or tires with directional

arrow indication are mounted with arrow in improper rotating direction. (h) Tire is not type approved by the Department of Transportation and/or does not have a "D.O.T." designation on the sidewall, or is labeled "Not For Highway Use," "For Racing Purposes Only" or displays other similar marking (except for farm ve hicles, implements of hu sbandry, and if off-road equipment is used on highway at restricted speeds). (i) Tire is obviously under or over-inflated. (j) Tire is smaller than manufacturer's specified minimum or a size that caus es tire to contact with the body or chassis. (k) There are rusted or rotted valve stems. (l) A tube type tire is used in a tubeless application.

(9) Wheels . Inspect wheels and reject motorcycle if:

(a) Wheel bolts, nuts or lugs are loose, missing or damaged. (b) Any part of wheel is bent, cracked, welded or damaged so as to affect safe operation of the motorcycle. (c) There is more than one missing, bent or broken spoke on spoke style wheels. (d) Any wheel is not at least the mini mum size recommended by the manufacturer. (e) There is not enough thread engagement fo rk leg clamps or threads are stripped.

(10) Alignment and Suspension of the Rear End.

(a) Swing arm bushing, bearing, or rubber mount . Place motorcycle on motorcycle accessory lift or center stand with rear wheel raised and insp ect for wear and loosen ess. Check for lateral movement of swing arm by applying side to side force against rear wheel. Reject motorcycle if there is more than slight side to side movement of the swing arm or if rubber mounts are cracked,

broken or torn. (b) Shock absorbers . If originally equipped with rear shock absorbers inspect and reject motorcycle if: 1. Shock absorber is missing. 2. Shock absorber mounting bolts or mounts are missing, broken or loose. 3. There is severe leakage of shock absorber or associated hydr aulic hoses if so equipped. 4. Dampening effect is dimini shed indicating loss of shock absorber function.

(11) Lighting Devi ces and Reflectors

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(a) In General. All lighting devices and reflectors required by applicable Federal Motor Vehicle Safety Standards when the particular mo torcycle was originally manufactured and such devices required by Massachusetts General Law or Rules and Regulations applicable to the particular motorcycle inspected sh all be securely attached to the vehicle and capable of performing their design functions. Lenses must be intact, cl ean, unobstructed and free fr om cracks. All lenses on stop lamps, tail lamps, turn signal lamps and reflectors must be approved by the Society of Automotive Engineers (SAE) and as evidence of su ch approval indicate the symbol "SAE" on the lens. All replacement lighting devices and reflectors shall meet applicable Federal Motor Vehicle Safety Standards at the time they were installe d. No additional lamp, reflective device or other motor vehicle equipment shall be installed that impairs the effectiveness of lighting equipmentPage 28 required under these regulations. Two or more lamp s, reflectors or items of associated equipment may be combined if the requirements for each lamp, reflector or item of associated equipment are

met. (b) Headlamps . Each motorcycle shall be equipped with at least one and not more than two white headlamps whose beam shall be checked in accordance with the specifications provided by the Registrar. The motorcycle headlamp shall be mounted on the front of the motorcycle on the vertical centerline, except that if two headlamps are used, they shall be symmetrically distant from the vertical centerline and equal in height. The height of the headlamps measured from the road surface to the center of the lamp shall be not less than 22 inches nor more than 54 inches. Headlamps on motorcycles manufactured in the y ear 1986 or later shall throw sufficient light ahead to make clearly visible all vehicles, persons or substantial objects upon the roadway within a

distance of 350 feet on a straight highway of uniform grad e under normal atmospheric conditions. Headlamps on motorcycles manufactured before 1986 shall throw sufficient light ahead to make clearly visible all vehicles, persons or substant ial objects upon the roadway within a distance of

115 feet under the same conditions. (c) Tail Lamps and Stop Lamps . Each motorcycle shall be equi pped with at least one red tail light and at least one red stop la mp. The motorcycle tail lamp and stop lamp shall be mounted on the rear of the motorcycle on the vertical centerl ine, except that if two are used, they shall be symmetrically distant from the vertical centerline a nd of equal height. The height of the tail lamps and stop lamps measured from the road surface to the center of the lamp shall be not less than 15 inches nor more than 72 inches. Stop lamps shall be activated with the applic ation of front or rear brakes. Tail lamps shall be activ ated when the headlamps are activated. Tail lamps and stop lamps shall be visible under normal night time conditions at a distance of 500 feet and stop lamps shall be visible in normal sunlight at a distance of 200 feet. (d) Plate Light . Each motorcycle shall be equipped w ith a white light so arranged as to illuminate the rear number plate so that it is plainl y visible at a distance of 60 feet. Such light shall not emit a tailing glare. (e) Reflectors . Each motorcycle shall have at leas t one rear red reflector mounted on the vertical center line except that, if two are use d, they shall be symmetrically distant from the vertical center line and of equal height. The reflector height above the road surface measured to the

center of the reflector shall not be less than 15 in ches, nor more than 60 inches. Note: reflector(s) may be combined with other rear lamps. Mo torcycles manufactured on or after January 1, 1968 shall be equipped with two red si de reflectors mounted on each side at or near the rear of the motorcycle and shall be equipped with two amber si de reflectors mounted on each side at or near the front of the motorcycle. The si de reflector height above the road surface measured to the center

of the reflector shall not be less than 15 inches, nor more than 60 inches. (f) Turn Signals . Each motorcycle manufactured on or after January 1, 1973 shall be equipped with front and rear turn signal lamps. Front turn signal lamps shall be amber mounted at or near the front of the motorcycle on each side of the vertical center line at the same height and shall have a minimum horizontal separation di stance (measured from center of lamps) of 16 inches. Minimum edge to edge se paration distance between turn si gnal lamp and head lamp shall be four inches. Rear turn signals shall be red or amber mounted on each side of the vertical center line at the same height and having a minimum horizontal separation distance (measured from center of lamps) of nine inches. All turn signal lamps sh all be mounted at a height from the road

surface of not less than 15 inches no r more than 83 inches. Turn signal lamps shall flash at a rate of 60 to 120 flashes per minute. The turn signal lamp ac tivating control shall be positioned so as to be operated without removing the hand from the handleb ar and shall properly i ndicate right and left when so switched. Turn signal lamps shall be visible at a distance of 200 feet under normalPage 29 daylight conditions. Every motorcycle shall be eq uipped with a device to permit the front and rear directional signals to flash simultaneously if originally equipped by the manufacturer. (g) Auxiliary Driving Lamps and Fog Lamps. These lamps are not required, however, if so equipped shall be aimed in accordance with speci fications provided by the Registrar. Reject motorcycle if: 1. Auxiliary equipment is placed in front of or obstructs any required lamp or reflector. 2. Fog lamps operate with high beam of headlamp. 3. Auxiliary driving lamps operate with high beam of headlamp or alone. 4. Equipped with more than two fog lamps or more than two aux iliary driving lamps. 5. Auxiliary driving lamps or f og lamps are not mounted at a height above the road surface

between 12 inches and 42 inches.

(12) Body Components

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(a) Fenders. Front and rear fenders shall be mounted over both wheels to adequately protect

rider from road debris and water. All fenders sh all cover the width of th e tire and a minimum of 1/4 of a wheel circumference. Reject the motorcycle if fenders come in contact with tires or if fenders have sharp edges. (b) Exterior Sheet Metal, Moldings and Body Panels . Reject motorcycle if there are sharp edges or abnormal protrusions extending beyond normal vehicle extremities so as to constitute a danger to pedestrians, rider, passenger or other vehicular traffic. Safety ba rs or highway bars without sharp protrusions and which do not exte nd beyond the widest portion of the motorcycle and which are not further than 15 inches from the foot controls are permitted. (c) Seats . Each rider shall have a firmly secure d seating area. Reject motorcycle if: 1. Seats are not properly secured or have springs or parts prot ruding which constitute a

hazard.

2. Foot rests for each de signated seating posi tion are not provided. (d) Chain Driven Motorcycle. Rotate chain to locate tightes t position. Inspect chain under

simulated road conditi on and reject if: 1. Not Adjusted to Manufacturers Specifications . If specifications are unavailable the following shall apply: Rigid frame models: minimum 1/2 inch to maximum one inch total up and down

movement measured on the lower section of the chain midway between the sprockets.

Swing arm models: minimum 1/2 inch to maximum two inches total up and down

movement measured on the lower section of the chain midway between the sprockets. 2. The chain guard or other covering device is missing, broken, cracked or is not the original equipment or equivalent replacement. 3. Chain or sprockets are excessively worn. (e) Side or Center Stand . Inspect and reject if:

1. The side or center stand will not remain in the stored position. 2. The side or center stand is cracked, broken or apparent structural weakness is present

which would not allow the sta nd to support the motorcycle.

(13) Frame. Inspect the frame in all areas which w ould not require the disassembly of any components. Reject the motorcycle if:

(a) Any part of the frame has been removed so as to weaken the original structure. (b) Repairs are made in any temporary manner. (c) Frame components are cracked, rotted, broken or are in deteriorated or dangerous condition. (d) Frame is bent out of alignment causing front to rear wheel misalignment to exceed one inch.Page 30 (e) Front steering stops do not prev ent the front end from contacting the fuel tank and the tire from rubbing against the frame or body panels.

(14) Fuel System. Check fuel system and contro ls and reject motorcycle if: (a) There is fuel leakage at any point in the system. (b) Any part of fuel hoses are not securely fastened or fuel tank is not securely mounted. (c) Fuel tank cap is missing or can not be properly secured.

(d) Throttle does not return to idle position wh en activating force is removed, if so equipped. (e) Fuel hoses are chafed, cracked, split or swollen or are not a fuel resistant type. (f) Fuel hoses are routed in proximity to or in contact with high temp erature engine parts.

(15) Engine . Inspect and reject motorcycle if:

(a) Motor mounts are broken. (b) There is any leakage of oil or other flui ds which create tire traction problems or contaminate brake pads or shoes.

(16) Battery. Check battery and reject motorcycle if not securely fastened or if vent tube is not properly routed or fastened.

(17) Rear View Mirror . Each motorcycle shall be equipped with at least one mirror so placed and adjusted as to afford the operator a clear, reflec ted view of the highway to the rear and left side of the motorcycle. Check mirror(s) and reject if:

(a) Mirror is cracked, broken, tarnished or reflective surface is peeled. (b) Mirror will not hold adjustment or is not mounted securely to prevent excessive vibration. (c) The mirror contains sharp edges, projections or irregular indent s capable of producing injury. (d) Mirror does not provide a minimu m of ten sq. inches of re flective surface for a convex mirror or 12 sq. inches for a flat mirror.

(18) Controls

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(a) Clutch. If equipped with a clutch, reject if a ny portion of the lever is broken or missing (b) Ignition Kill Swi tch. An ignition kill switch shall be m ounted in a secure manner in a readily accessible position, if equipped. (c) Ignition . Each motorcycle shall be equipped with a locking ignition to prevent the motorcycle from being used by unauthorized persons.

(19) Side Car. Check side car and reject motorcycle if:

(a) Side car is not secure ly attached to motorcycle. (b) There is a hole in the floor boa rd larger than 1/2 inch in diamet er or the floor board is rotted, rusted or deteriorated to a degree that cr eates a hazard to the rider or passenger. (c) The side car does not contain a seat which is securely fastened. (d) Side car not equipped with re ar red tail lamp and stop lamp. (e) Side car not equipped with at least one white headlamp on the front of the side car. (f) Side car fitted with brake which does not operate properly. (g) Mudguard not fitt ed over sidecar wheel.Page 31 4.07: Issuance of Certificates of Insp ection, Rejection, a nd Waiver Procedure

(1) General Provisions

. (a) A separate and distinct charge, as es tablished by the Secretary of Administration and

Finance, shall be made for each inspection re quired 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 sh all be issued in sequentia l order from lowest to highest serial number. (c) All Certificates of Inspecti on or Rejection shall be issued a nd affixed to the motor vehicle in accordance with 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 pr ocedures relating thereto.

(2) Certificate of Inspection . Any motor vehicle subject to Safe ty Inspection only, Combined Safety and Emissions Inspection, or Commercial Motor Ve hicle 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 Inspec tion, valid for a period of time to be determined by the Registrar in accordance with regulations, policie s or procedures establis hed by the Registrar and

Commissioner.

(3) Certificate of Rejection

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(a) Any motor vehicle submitted for inspection th at 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 ve hicle for a period of 60 calendar days after inspection, 20 da ys for motorcycles, provided that all safety related equipment defect(s) have been corrected pr ior to continued operation. Safety related equipment defects are items of inspection exclusive of emissions inspection items. 7D ve hicles must display a current 7D inspection sticker in order to transport pupils. (c) A Certificate of Rejection shall entitle the owne r or operator to one free re-inspection, provided that the vehicle is submitted for re-inspec tion at the same inspection station which issued the Certificate of Rejection within 60 cale ndar days for motor vehi cles and 20 days for motorcycles and 7D vehicles after the date of issue.

(4) Suspension of Registration . Failure to meet these requirem ents or obtain a waiver under 540 CMR 4.00 shall result in the suspension of the moto r 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 Ce rtificate of Rejection Procedures

. 1. Any commercial motor vehicle submitted for in spection that fails to meet the applicable Safety and Emissions inspection requirements shall be issued a Certificate of Rejection provided the safety defects are not identifie d and listed in the current North American

Uniform Vehicle Out of Service Criteria as be ing 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 comp lete 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 a nd/or operator of th e violation(s) noted. Copies of all reject ion slips shall be kept at the place of inspection and/or storedPage 32 electronically for one year from the date of in spection. Copies of all su ch rejection slips or

data shall be made availabl e for inspection by the Registra r 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 inspectio n and signature of the inspector. c. Vehicle registration number, make, year and vehicle identification number. d. Reason for rejection e. Any other information th at may be required by the Registrar.

3. Out of Service Commercial Motor Vehicle . If in the course of in spection 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 Unif orm Vehicle Out of Service Criteria, said inspector shall immediately notify the Registry of Motor Vehicles by mailing that same day, the rejection slip noting the out of service violat ions. Said owner or custodian of said vehicle that was rejected by reasons of having safety def ects of an out of service nature 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 if in the opinion of the inspector, it may be safe to do so. This operation is restri cted to a five day pe riod from the date of rejection. Said inspector shall so state on the re jection slip, in the appr opriate space, if the

vehicle is safe to move for the purpose of repairs. No co mmercial motor vehicle may be operated with a rejection certificate with an out of service condition und er any circumstances unless it is being moved for the purpose of repa irs. Any person who operates or any owner or custodian, who permits a commercial motor vehicl e to be operated in an out of service condition except for the movement of said vehicl e 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 th e new owner to void the sa le 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 da te of purchase, shall, upon request, be provided a written statement, issued by an authorized ag ent 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 repair s in accordance with the provisions of M.G.L. c. 90, § 7N.

4.08: Licensure of Inspection Stations (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 appropr iate, or other inspec tion license as may be issued by the Registrar may be filed with the Registrar by a pe rson engaged in the business of servicing, maintaining or repairing mo tor vehicles or their components. – 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 rece ived factory training or equivalent training asPage 33 required by the Registrar.

1. 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 Re gistrar. Prospective stations shall be selected for licensure from any such list as es tablished by the Registrar as Inspection Station Network capacity warrants. Stations shall fi rst be selected for licensure in accordance with a determination of geographic need as de termined by the Registrar in the exercise of her sole discretion. Network Inspection Stati on geographic need shall be evaluated on the basis of criteria including, but not limited to, factors such as th e density of the population of motor vehicle owners in a geographic area and distance between existing licensed inspection stations as measured by either miles, travel time or both miles a nd travel time. If Inspection Station Network geographic needs are determined to be adequately met by the Registrar, then inspection station licenses sh all be issued in accordance with placement on a waiting list of applicants for inspection station licenses compile d 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 fo rm and be accompanied by a business certificate issued to the applicant by the city or town in which the premises is located. (c) Application and License Fees . A non-refundable 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 applica tion is approved by the Registra r, and upon the payment of an additional fee of $ 100.00, the applican t shall be granted a license whic h shall be valid for a period of one year from the date of issuance. The annua l renewal fee shall be de termined by the Secretary of Administration and Finance. An applicant appl ying for a license at more than one location will be required to file a separate application for each location. A licensee may change his station location upon payment of a $ 50.00 a pplication fee and the approval of the new location. Licenses are not transferable. In the event of any change of ownership or interest in the business, an application for a new license must be filed. Th e Registrar must be notified immediately by the

licensee in the event that arrangements are made for the transf er of the business to another person. Upon the transfer of ownership or termination of the business, the sta tion license, all unused Certificates of Inspection, Reject ion, and records required to be kept in accordance with the provisions of 540 CMR 4.00 shall be surrendered and re turned to the Registry of Motor Vehicles

forthwith. Unused Certificates of Inspection will be rebated. (d) 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 destructio n of the license, the Registrar shall issue a duplicate license upon proper proof thereo f and payment of a fee of $ 25.00. (e) Requirements to Purchase and Secu rity of Certificates of Inspection . Each licensee shall maintain adequate security, acceptable to the Regi strar, which will prevent the misappropriation of Certificates of Inspection or Re jection. Missing or stolen Certific ates of Inspection or Rejection must be reported forthwith to the Registry of Motor Vehicles and local law enforcement.

(f) Supplies. Each Licensee shall maintai n, if required, an adequate supply of Certificates of Inspection, test authorizations, if required, and sticker and sticker stock. to assure that motorists will not be denied inspections, or unnecessari ly 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. (g) Requirements for Personne l Who Administer Inspections . Inspections must be performedPage 34 by the licensee or permanent employees of the li censee who are in possession of a valid motor vehicle operator license. A pers on who performs safety inspec tions 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 pers on regularly employed by the li censed inspection station for a minimum of 20 hours per week. Persons performing in spections must be able to demonstrate their proficiency in inspecting motor vehicles and in operating, calibrating, a nd maintaining items or equipment required for the inspectio n of motor vehicles, to personne l authorized by the Registrar, the Massachusetts Commissioner of the Departme nt of Environmental Protection assigned to program administration and enforcement and th e Network Contractor. Any person conducting a Class M inspection must provide proof that he ha s received either fact ory training, or training approved by the Registrar. The inspector must have a valid motorcycle license. (h) Requirements For Personnel Who Administ er Commercial Motor Vehicle Inspections . It

shall be the licensed commercial motor vehicle in spection 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. Understands the inspection criteria set fort h in 49 CFR Parts 393 a nd Appendix G to Part 396 and can identify defective components; 2. Is knowledgeable of and has mastered the me thods, procedures, tools and equipment used when performing an inspection; and 3. 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 manufacture r-sponsored training program or similar commercial training program designed to train students in truck operation and maintenance; ii. Experience as a mechanic or inspect or in a motor carrier commercial motor vehicle maintenance program; iii. Experience as a mechanic or inspector in commercial motor vehicle maintenance at a

comm ercial garage, fleet leasing co mpany or similar facility; or iv. Experien ce as a commercial vehicle inspector for a State, Provincial or Federal Government agency. 4. All personnel who perform any part of the actu al commercial vehicle inspection shall be in possession of a valid Commercial Driver's License (CDL). a. Written evidence of that individual's qualifications under 540 CMR 4.08(1)(h) shall be retained by the commercial moto r vehicle inspection station for the period during which that individual is performing annual motor vehicle inspections for the commercial motor vehicle inspec tion station and for one year thereafter. b. All Commercial Motor Vehicle Inspector s shall be subject to testing and shall be licensed by the Regist rar. Said license shall be renewed annually. 5. 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. Facili ties, records, and equipment shall, during the licensee's normal business hours, be available at the address recorded on the Class A. B, C, D, E, F, M License (with any additional e ndorsements) to enforcement personnel of the Executive Office of Transportation, Registry of Motor Vehicles, an d/or Department ofPage 35 Environmental Protection a nd the Network Contractor.

(2) Facility, Equipment, and Inspection Station Requirements

(a) Promotions. No licensed inspection facility ma y advertise the Massachusetts vehicle safety and emissions inspection program in conjunc tion with any offer, pr omotion or discount of any product, service or commodity to any Custom er. Nothing in the preceding sentence shall prohibit a licensed inspection facility from incl uding in any advertisement that it is a licensed inspection facility. (b) Signs . The facilities of public station Licensees should be available for the convenience of the public. Public station Li censees shall conspicuously post and display identification as a "Massachusetts Inspection Station" on a sign not less than 24” x 36” , 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 Commerci al 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. (c) Inspection Area . A specific unobstructed area approved by the Registrar within which the complete motor vehicle inspection shall be perf ormed, 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 M, must be at least thirty fe et in length and twelve 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 f eet or less in length, or as determined by the Registrar. Exceptions to these standards may be provided by the Registrar or his designee in his sole discretion. All inspection sta tions first licensed on or after Oc tober 1, 2008 shall meet the new inspection bay size requirements. A ll inspection stations licensed before October 1, 2008 shall be required to meet the bay size requirements in effect at the time of licensu re. Designated areas shall be suitably marked or otherwise outlined and in clude a smooth, level, substantial floor on which the wheels of the vehicle will stand evenly while be ing inspected and must be maintained in a neat manner. The Registrar, in his 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. (d) 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 adjustme nt of motor vehicles or components on which inspection is required. In addition to the pr eceding, Licensees must be equipped with the following equipment that has been approved by th e Registrar, applicable to the particular

class license as noted. a. Headlamp aiming screen or device as approved by the Registrar fo r Class A, B, C, D, E, F, and M licenses. b. Dial indicator gauge. All classes except M . c. Registry approved brake meter. All classes except M.

d. Tire tread depth gauge, marked 32nds of an inch. All classes. e. Jack of sufficient capacity to lift the front axle of the heav iest vehicle inspected. All

classes. f. Two jack stands; with a minimum ra ted capacity capable of holding the vehicle to be inspected. All classes except M. g. Inspector workstation equipment. All classes.Page 36 h. Registry of Motor Vehi cles Inspection Manual. All classes. i. Registry approved 48 inch long h eadlight aiming stick unless approved mechanical headlight aiming device is used. j. Registry approved tint meter for glass. All classes except M and fleet stations. k. Air, power and phone lines or comm unication 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 appe ndix G available for inspector use. 2. Fleet Inspection Stations . Licensees are limited to the in spection of motor vehicles owned or maintained by the licensee or other fleets. Inspection Area . The licensed Fleet Inspection Station must provide a specific area within which the complete inspection shall be performe d except where additional testing is required for brakes. The area must be in a building, encl osing an area at least 30 feet in length and twelve feet in width and said inspection area mu st exceed by five feet in width the width of the widest vehicle inspected except as othe rwise approved by the Registrar. . All fleet inspection stations first licen sed 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 requirement s in effect at the time of licensure

. The designated area shall be suitably marked or otherwise out lined and include a smooth, substantial level floor on which all the wheels of the longest ve hicle inspected will sta nd evenly while being inspected. Additional adequate space must be av ailable within the building for repairing and maintaining motor vehicles. 3. 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 specifi c 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 c oncrete flooring. The dimensions of a public commerci al motor vehicle inspection fac ility 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 a ny 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 en trance door of no less than 12 feet in width and 12 feet in height or as approved by the Registrar. All public commerci al motor vehicle inspection facilities first li censed 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 hear ing held at such time and place as the Registrar may prescribe and duly notice to the licensee, refuse to issue a license, susp end 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 th e written Policies and Procedures of the Registrar or Commissioner pertaining to License Cl ass A,B,C,D,E, F andPage 37 M Inspection Stations. 2. Failure to inspect vehicles during posted inspection hours.

3. Failure to have on hand at all times an ad equate supply of Certif icates 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 conduc t during the inspection of motor vehicles. 7. The issuance of a Certificate of Inspection or Certificate of Rejec tion 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 a pplicant, 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 Regi strar orders another suspension

or revocation. The total numb er of prior infractions, in any combination, shall determine if a second or subsequent offense exists. (d) If the licensee appeals th e Registrar's decision to revoke or suspend a license, the Registrar, upon a timely request, may allo w the suspension or revocation to be stayed pending a hearing

before the Motor Vehicle Bo ard 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 th e license of an inspector or a station for a minimum of 180 days for intentionally improperly passing a motor vehicl e for the emissions test required pursuant to 310 CMR 60.02. A second or subsequent violation within three year s 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 immediately above 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 here in, includes Certificat es of Rejection)

Type of Offense 1 st

Infraction 2 nd

Infraction 3 rd / 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 require d records or properly complete

required entries on Certificate of Inspection 5. Failure to charge the es tablished 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. Up to 60 Days Up to120 Days Up to240 DaysPage 38 1. Failure to apply Certificates of Inspection, or Rejection to

vehicle as required. 2. Issuing Certificates of In spection without performing a

complete inspection. 3. Failure to perform complete in spection in designated inspection

bay. 4. Failure to have on hand requi red equipment in proper working

condition. Up to 60 Days Up to120 Days Up

to180 Days Revok e

1. Suggesting or requiring th at un necessary repairs or

adjustments be made in order for vehicle to pass inspection.

2. Falsification or alteration of recorded data pertaining to inspection. Up to180 Days Up to260 Days Up

to540 Days Revok e

1. Licensee or employee performi ng inspections while under the

influence of liquor or drugs. Revoke Revoke Revoke Revok e

4.09: Licensure of Inspectors - Licen se Application Pro cedures and Fees. (1) To obtain a license to conduct motor vehicle inspec tions from the Registrar, a person must be trained and certified by the Registrar and DEP pursuant to 310 CMR 60.02 and 540 CMR 4.00. (2) The applicant must provide proof of certificati on and a valid driver licen se together with a nonrefundable fee which shall be esta blished by the Secretary of Admini stration and Finance pursuant to M.G.L. c. 90, § 33 and 801 CMR 4.02. (3) The fee is payable to the Registry of Moto r Vehicles and shall accompany each application. (4) When the application is approved by the Registra r, the applicant shall be granted a license which shall be valid for a period of one year from the date of issuance. The license shall be renewable annually

at a fee which shall be establishe d by the Secretary of Administration and Finance pursuant to M.G.L. c. 90, § 33 and 801 CMR 4.02.

REGULATORY AUTHORITY

540 CMR 4.00: M.G.L. c. 90, §§ 2, 7A, 7V(a), (b) and (c), 7W and 31. 310 CMR 60.02: M.G.L. c. 111, § 142M