4.02 Special Definitions
In addition to the definitions set forth in M.G.L. c 90, § 1. the following special 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 Registration Systems used by the Registry of Motor Vehicles.
Certificate of Inspection shall mean a serially numbered, adhesive sticker, device, or symbol, as may be prescribed by the Registrar, indicating a motor vehicle 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 shall mean a serially numbered, adhesive sticker, device or symbol, as may be prescribed by the Registrar, indicating a motor vehicle 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 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 F License shall mean the license issued to a Fleet Inspection Station for Safety or Safety and Emissions Inspections as granted by the Registrar (except motorcycles).
Class FR License shall mean the license issued to a Fleet Inspection Station for Safety or Safety and Emissions Inspections as granted by the Registrar (except motorcycles) using mobile equipment for performing inspections at multiple locations owned by said fleet.
Class H License shall mean the license issued to a Public Inspection Station for Safety and Emissions Inspections of heavy duty vehicles of all fuel types over 10,000 lbs, commercial motor vehicles, trailers, semi-trailers and converter dollies.
Class HD License shall mean the license issued to a public inspection station for safety and emissions inspections of heavy duty diesel vehicles over 10,000 lbs, commercial motor vehicles, trailers, semi-trailers and converter dollies.
Class HG License shall mean the license issued to a public inspection station for safety and emissions inspections of all fuel types except diesel vehicles over 10,000 lbs, commercial motor vehicles, trailers, semi-trailers and converter dollies.
Class LD License shall mean the license issued to a Public Inspection Station for Safety and Emissions Inspections of light duty diesel vehicles under 10,000 lbs (except motorcycles).
Class LG License shall mean the license issued to a Public Inspection Station for Safety and Emissions Inspections of light duty vehicles under 10,000 lbs of all fuel types except diesel (and motorcycles).
Class LGD License shall mean shall mean the license issued to a Public Inspection Station for Safety and Emissions Inspections of light duty vehicles under 10,000 lbs of all fuel types (except motorcycles).
Class M License shall mean the license issued to a Public Inspection Station for Safety Inspections of motorcycles as defined in M.G.L. c. 90, § 1.
Class R License shall mean the license issued to an individual or corporation performing Safety or Safety and Emissions Inspections for commercial vehicles of all fuel types and weights 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 discemible 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 to the Class R 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 R Licensees.
(c) Noncommercial motor vehicles furnished for regular use by individual employees of said fleet shall not be eligible for inspection by Class R Licensees.
(d) Commercially registered vehicles owned or leased by said fleet with gross vehicle weight ratings of less than 8,500 lbs must be vehicle model year 1996 and newer and OBD compatible. Said vehicles must be tested in the manners proscribed by 540 CMR 4.00 and 310 CMR 60.02.
(e) Commercially registered vehicles owned or leased by said fleet with gross vehicle weight ratings of more than 8,500 lbs but less than 10,001 lbs must be OBD compatible or diesel powered. Said vehicles must be tested in the manners proscribed by 540 CMR 4.00 and 310 CMR 60.02.
(f) Commercially registered vehicles owned or leased by said fleet with gross vehicle weight ratings of less than 10,001 lbs and not OBD compatible or powered by diesel fuel may not be tested by Class R Licensees during safety-only inspection cycles.
(g)All Class R Licensees utilizing mobile equipment for the testing of such commercial vehicles owned or leased by said fleet shall have on-site OBD, two-speed idle, opacity or any other emissions equipped workstation capable of performing such emissions inspections as required by 310 CMR 60.02.
(h) Any commercial vehicle owned or leased by said fleet and subject to initial or additional transient loaded-mode emissions tests not capable of being performed by Class R Licensees shall have their inspection fees refunded in full.
(i) The annual number of commercially registered vehicles inspected by Class R 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.
Class V License shall mean the license issued to a Public Inspection Station for Safety and Emissions Inspections of all motor vehicles of all fuel types and weights, commercial motor vehicles, trailers, semi-trailers and converter dollies (except motorcycles).
Commercial Motor Vehicle Inspector shall mean an individual licensed by the Registrar as properly qualified under 540 CMR 4.08(1)(h).
Commercial Motor Vehicle means any self-propelled or towed vehicle used on public highways to transport passengers or property when:
(a) The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; 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 pounds 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 with a manufacturer's gross vehicle weight rating over 6,000 lbs.
Commissioner shall mean the Commissioner of the Department 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 position to simulate actual driving conditions.
Emissions Analyzer shall mean a device that measures the concentration of pollutants in motor vehicle exhaust.
Exempt Vehicles From Emission Standards shall mean any motor vehicle with a model year earlier than 1984; any motor vehicle for up to 24 months from the date of registration after sale or lease to the original purchaser; tactical military vehicles, and all others exempted under 310 CMR 60.02(3)(b) 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 maintains a fleet of at least 25 motor vehicles and 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.
Fleet Inspection Station for Commercial Motor Vehicles shall mean an Inspection Station licensed by the Registrar to perform Safety or Combined Safety and Emissions Inspections on Commercial Motor Vehicles.
General Registration Holder shall mean 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, who 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 their respective responsibilities and duties.
Licensed Inspector shall mean an individual licensed by the Registrar as properly trained to perform a Massachusetts Motor Vehicle Safety and/or Emissions Inspection.
Licensee shall mean a holder of a Class LG through V License 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 4.08(1)(h) who may inspect commercial motor 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: Shall mean the private entity which contracts with the DEP and RMV to develop, manage and implement the enhanced emissions and safety inspection program on accordance with St. 1997, c. 240.
Out of Service Criteria shall mean 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 shall mean 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 shall mean the Registrar of Motor Vehicles.
Windshield Replacement Certificate shall mean 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 the policies and procedures established by the Registrar.
Workstation means the complete set of inspection equipment approved by the Department and required by the Registrar for an inspection station including, but not limited to: a computer, modem, printer, test and communication software, documentation; and, depending upon configuration, gas analyzer, dynamometer, flow measurement device, gas cap tester, and onboard diagnostics (OBD) scan tool.
|