540 CMR 4.00

4.07 Issuance of Certificates of Inspection, Rejection, and Waiver Procedure

(1) General Provisions.

(a) A separate and distinct charge, as established by the Secretary of Administration and Finance, shall be made for each inspection required in accordance with the provisions of 540 CMR 4.00 and the provisions of M.G.L. c. 90.

(b) All required entries on Certificates and Periodic Inspection Reports must be legibly completed in ink, ball point pen, or indelible pencil by the licensed inspector performing the inspection or computer generated by the workstation.

(c) All Certificates of Inspection or Rejection shall be issued and affixed to the motor vehicle in accordance with the policies established by the Registrar. All Certificates of Inspection or Rejection for Trailers will be issued in accordance with the Registrar's policies relating thereto.

(d) All vehicles submitted for inspection displaying temporary plates or dealer plates, (as defined in 540 CMR 4.02) which are not required to carry a certificate of registration, shall have all digits of vehicle identification numbers recorded on the garage copy of the inspection print-out tape or recorded in the workstation.

(2) Certificate of Inspection. Any motor vehicle subject to Safety Inspection only, Combined Safety and Emissions Inspection, or Commercial Motor Vehicle Safety and Emissions Inspection, which, after inspection, is found to be in compliance with all Safety or Safety and Emissions Inspection requirements will be issued a Certificate of Inspection, valid for a period of time to be determined by the Registrar in accordance with the policies established by the Registrar and Commissioner.

(3) Certificate of Rejection.

(a) Any motor vehicle submitted for inspection that fails to meet all applicable inspection requirements shall be issued a Certificate of Rejection, in accordance with the Registrar and Commissioner's policy relating thereto.

(b) A Certificate of Rejection authorizes the operation of a motor vehicle for a period of 60 calendar days after inspection, provided that all safety related equipment defect(s) have been corrected prior to continued operation. Safety related equipment defects are items of inspection exclusive of emissions inspection items.

(c) A Certificate of Rejection shall entitle the owner or operator to one free reinspection, provided that the vehicle is submitted for reinspection at the same inspection station which issued the Certificate of Rejection within 60 calendar days after the date of issue.

(4) Suspension of Registration. Failure to meet these requirements or obtain a waiver under 540 CMR 4.00 shall result in the suspension of the motor vehicle'sregistration pursuant to the procedures set forth in M.G.L. c. 90, § 22.

(a) Commercial Motor Vehicle Certificate of Rejection Procedures.

1. Any commercial motor vehicle submitted for inspection that fails to meet the applicable Safety and Emissions inspection requirements shall be issued a Certificate of Rejection provided the safety defects are not identified and listed in the current North American Uniform Vehicle Out of Service Criteria as being an out of service condition or restricted service condition.

2. Upon inspecting a Commercial Motor Vehicle, if any item is found to not comply with 540 CMR 4.00, the inspector shall nevertheless complete the inspection of all other required items. The inspector shall provide a list of the items for which the vehicle is being rejected and advise the vehicle owner, custodian and/or operator of the violation(s) noted.

Copies of all rejection slips shall be kept at the place of inspection and/or stored electronically for one year from the date of inspection. Copies of all such rejection slips or data shall be made available for inspection by the Registrar or any of his authorized personnel. The rejection slip shall contain the following information:

a. Name of inspection station and station number.

b. Date of inspection and signature of the inspector.

c. Vehicle registration number, make, year and vehicle identification number.

d. Reason for rejection

e. Any other information that may be required by the Registrar.

3. Out of Service Commercial Motor Vehicle. If in the course of inspection of a Commercial Motor Vehicle or trailer, an inspector finds an unsafe vehicle, that has a safety hazard as defined in the current North American Uniform Vehicle Out of Service Criteria, said inspector shall immediately notify the Registry of Motor Vehicles by mailing that same day, the rejection slip noting the out of service violations. Said owner or custodian of said vehicle that was rejected by reasons of having safety defects 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 restricted to a five day period from the date of rejection. Said inspector shall so state on the rejection slip, in the appropriate space, if the vehicle is safe to move for the purpose of repairs. No commercial motor vehicle may be operated with a rejection certificate with an out of service condition under any circumstances unless it is being moved for the purpose of repairs. Any person who operates or any owner or custodian, who permits a commercial motor vehicle to be operated in an out of service condition except for the movement of said vehicle for repairs, shall be punished by a fine as provided in M.G.L. c. 90, § 20.

4. Procedure For Waiver. A motorist may apply for a waiver of emission inspection standards in accordance with the provisions of 310 CMR 60.02(11).

(5) Inspection Within Seven Days of Purchase (Lemon Aid Law).

(a) A Certificate of Rejection must be issued to the new owner of a motor vehicle within seven days of the date of purchase in order to permit the new owner to void the sale of said vehicle or to require the vendor 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, Certificates of Rejection issued to motor vehicle owner/operators, who have submitted the motor vehicle for inspection within seven days of the date of purchase, shall, upon request of the owner/operator, be provided a written statement, signed by an authorized agent of the inspection station, stating the reasons why the motor vehicle failed to pass the Safety or Combined Safety and Emissions Inspection and an estimate of the cost necessary for repairs in accordance with the provisions of M.G.L. c. 90, § 7N.