Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 4.00 - Annual safety and combined safety and emissions inspection of all motor vehicles, trailers, semi-trailers and converter dollies › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
In addition to the definitions set forth in M.G.L. c. 90,
				§ 1, the following definitions shall also apply:
Antique Motor Car
. Any motor vehicle
				which has been assigned an "Antique" registration plate.
Certificate of Inspection
. A serially
				numbered, adhesive 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 Registrar may prescribe the use
				of one or more categories of said Certificates.
Certificate of Rejection
. 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
. A serially
				numbered device or symbol, as may be prescribed by the Registrar, indicating
				that the requirement of passing the Emissions portion of the Combined Safety
				and Emissions Inspection has been waived for a vehicle pursuant to
				540 CMR 4.00.
Class A License
. The license issued to
				a Public or Fleet inspection station conducting non-commercial light duty gas
				and diesel inspections of vehicles 10,000 lbs Gross Vehicle Weight Ratings
				(GVWR) or less.
Class B License
. The license issued to
				a Public or Fleet inspection 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
. 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
. The license issued to
				a Public or Fleet inspection station conducting all commercial and
				noncommercial light, medium and heavy duty inspections of all vehicles
				including all trailers, semi-trailers and converter dollies.
Class E License
. The license issued to
				a Public or Fleet inspection station conducting heavy duty commercial
				inspection of vehicles over 26,000 lbs. (GVWR), including all trailers,
				semi-trailers and converter dollies.
Class F License
. The license issued to
				an individual or corporation performing inspections on commercial vehicles or
				school pupil transport vehicles of all fuel types and weights, including all
				trailers, semi-trailers and converter dollies, owned or leased by a fleet,
				using mobile equipment for the performance of such vehicle inspections. The
				performance of commercial vehicle inspections at multiple repair and
				maintenance facilities owned by the fleet shall be subject to the following
				conditions:
(a) The repair facility shall consist of a building on-site
				with a discernible 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 lbs. or more, including all trailers,
				semi-trailers and converter dollies to the Class F licensee at the same
				physical location.
(b) Vehicles owned or leased by said fleet and registered as
				"noncommercial" motor vehicles shall not be eligible for inspection by Class F
				licensees, except for such "noncommercial" motor vehicles used exclusively as
				rental vehicles.
(c) Noncommercial motor vehicles furnished for regular use by
				individual employees of said fleet shall not be eligible for inspection 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 workstation capable of performing such emissions
				inspections as required by
				310
				CMR 60.02:
Massachusetts Motor
				Vehicle Emissions Inspection and Maintenance Program
.
(e) The annual number of commercially registered vehicles,
				trailers, semi-trailers or converter dollies inspected by Class F licensees
				with gross vehicle weight ratings of less than 10,001 lbs. shall not exceed the
				annual number of commercially registered vehicles with gross vehicle weight
				ratings of more than 10,001 lbs. (GVWR).
Class M License
. The license issued to
				a Public or Fleet inspection station conducting motorcycle inspections.
Commercial Motor Vehicle
. For the
				purposes of Inspections, a commercial motor vehicle shall mean any motor
				vehicle which is not a private passenger motor vehicle, antique motor car,
				motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery
				vehicle, school pupil transport vehicle or off-road equipment. A commercial
				motor vehicle shall include the following vehicles:
(a) The vehicle has a gross vehicle weight rating or gross
				combination weight rating of 10,001 or more lbs., unless such vehicle has a
				body type of a pickup, sport utility vehicle or van meeting the definition of a
				private passenger vehicle; or
(b) The vehicle is designed to transport more 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
				Materials Regulations of the United States Department of Transportation. Any
				commercial motor vehicle that singularly has a gross vehicle weight rating of
				10,001 lbs. or less 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 commerce, with a
				manufacturer's gross vehicle weight rating over 3,000 lbs.
Commercial Motor Vehicle Inspector
. An
				individual licensed by the Registrar as properly qualified under
				540 CMR
				4.08(1)(h).
Commissioner
. The Commissioner of the
				Department of Environmental Protection for the Commonwealth.
DEP
. The Department of Environmental
				Protection.
Exempt Vehicles from Emission
				Standards
. Any motor vehicle exempted under
				310
				CMR 60.02 and in accordance with M.G.L. c.
				111, § 142M.
Federal Motor Carrier Safety
				Regulations
. 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
. A business
				which owns, leases or maintains a fleet of at least 15 motor vehicles and/or
				trailers maintains a garage for the repair and maintenance of those 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 that are in the same vehicle class.
General Registration Holder
. Any
				manufacturer, dealer, repairman, owner-contractor, transporter, farmer, dealer
				in recreational vehicles, trailers, boat trailers, or forester, all as defined
				in M.G.L. c. 90, § 1 and regulated by
				540 CMR 18.00:
Minimum Standards for the Issuance and Use of General Registrations and
				General Registration Numbers Plates Issued under the Provisions of M.G.L. c.
				90, § 5
, who has been issued a general registration plate
				pursuant to M.G.L. c. 90, § 5.
Inspection Station Agreement
. The
				contract between the Network Contractor and the Inspection Stations which sets
				forth their respective responsibilities and duties.
Licensed Inspector
. An individual
				licensed by the Registrar in accordance with
				540 CMR 4.00 as properly
				trained to perform a Massachusetts Motor Vehicle Safety and/or Emissions
				Inspection.
Licensee
. A holder of an Inspection
				Station License of any Class issued in accordance with
				540 CMR 4.00.
Mobile Commercial Motor Vehicle
				Inspector
. An individual, certified and licensed, who meets the
				requirements of
				540 CMR 4.00 who may inspect
				commercial motor vehicles, rental fleet vehicles, and school pupil transport
				vehicles at a repair facility of any commercial motor vehicle operation that
				meets the minimum requirements for inspections prescribed for Commercial
				Vehicle Inspection Facilities by the Registrar.
Network Contractor
. The private entity
				which contracts with the DEP and RMV to develop, manage and implement the
				enhanced emissions and safety inspection program.
New Car Endorsement
. An endorsement to
				a Class A, B or D license which permits Class 1 automobile dealers to inspect
				new vehicles under 10,000 GVWR prior to delivery to a customer in accordance
				with
				310 CMR 6.02:
Initial Inspection of New Motor Vehicles
and in accordance
				with all regulations, policies and procedures promulgated by the
				Registrar.
Off-road Equipment
. A piece of
				construction equipment that is used predominantly off-road, but travels on
				public ways to and from a worksite.
Out-of-service Criteria
. The most
				current Out-of-service Criteria as prescribed in the
North American
				Uniform Out-of-service Criteria
published by the Commercial Vehicle
				Safety Alliance (CVSA).
Referee Station
. A location which may
				be designated by the Registrar to verify the accuracy of inspections performed
				by Licensed Inspection stations and to grant certificates of waiver.
Registrar
. The Registrar of Motor
				Vehicles.
Semi-trailer
. A trailer designed and
				used in combination 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
. 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.
Windshield Replacement Certificate
. A
				serially numbered adhesive sticker, device or symbol as prescribed by the
				Registrar to be used in conjunction with any legible valid Certificate of
				Inspection, irrespective of any void displayed, removed due to the replacement
				of a windshield and displayed on the newly installed windshield on the same
				vehicle. Such Certificate shall be issued in accordance with all regulations,
				policies and procedures established by the Registrar.
Workstation
. The complete set of
				inspection equipment approved by the Department and required by the Registrar
				for an inspection station.
7D Endorsement
. An endorsement to a
				Class A, B, D or F license which permits the licensee to inspect 7D (pupil
				transport) vehicles in accordance with M.G.L. c. 90, § 7D and
				540 CMR 21.00:
Semiannual Safety Inspection of School Pupil Transport
				Vehicles
.