540 CMR 4.00

4.08 Licensure of Inspection Stations (continued)

(2) Facility, Equipment, and Inspection Station Requirements.           

(a) Posted Hours of Inspection. The facilities of public station Licensees should be available for the convenience of the public. Public station Licensees shall conspicuously post and display regular hours of inspection on a sign not less than 24" x 36". Information on the sign shall include identification as a "Massachusetts Inspection Station", the station's license number and the regular hours of inspection. Such signs must be removed or covered whenever inspections cannot be performed during the posted hours.

(b) Inspection Area. A specific area approved by the Registrar within which the complete inspection shall be performed, except where additional testing of the brakes is required. The area must be enclosed in a building in the primary service facility of the licensees' premises. The inspection area must be at least thirty feet in length and said inspection area must exceed by five feet in width the width of the dynamometer used to conduct the inspection. If no dynamometer is required, then the inspection area must be at least five feet wider than the widest vehicle to be inspected. The inspection area for class M Inspections shall be 30 feet or less in length, or as determined by the Registrar. Exceptions to these standards may be provided by the Registrar or his designee in his sole discretion. Designated areas shall be suitably marked or otherwise outlined and include a smooth, level, substantial floor on which the wheels of the vehicle will stand evenly while being inspected and must be maintained in a neat manner. The Registrar, in his 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 exceeding the dimensions of the inspection bay entrance, provided the licensee has an approved mechanical headlight aimer. Additional space must be available within the primary service facility for the repairing, maintaining, or servicing of vehicles. The term Primary Service Facility, as used herein, is defined as that portion of the applicants' or licensees' premises which contains an area used for business record keeping purposes and servicing, maintaining, or repairing motor vehicles.

(c) Equipment Required.

1. General Requirements. All Inspection station licensees must possess the necessary tools and equipment, and shall maintain same in good working order, and shall possess facilities necessary for the ordinary repair and adjustment of motor vehicles or components on which inspection is required. In addition to the preceding, Licensees must be equipped with the following equipment that has been approved by the Registrar, applicable to the particular class license as noted.

a. Track mounted, or mechanical headlamp aimer, or a headlamp aiming screen as approved by the Registrar for Class LG, LD, LGD, F, FR, H, HD, HG, M, R, V licenses.

b. Ball joint gauge. All classes except H, M and R.

c. Tire tread depth gauge, marked 32nds of an inch. All classes.

d. Jack of sufficient capacity to lift the front axle of the heaviest vehicle inspected. All classes.

e. Two jack stands; with a minimum rated capacity capable of holding the vehicle to be inspected. All classes except M.

f. Emissions analyzing equipment. All classes except M.

g. Registry of Motor Vehicles Inspection Manual.

h. Registry approved 42 or 48 inch long headlight aiming stick if aiming screen used.

i. Registry approved tint meter for glass. All classes except M.

j. Air, power and phone lines to operate the inspection equipment properly.

k. A commercial motor vehicle inspection station is required to have a current copy of FMCSR Parts 390 to 397 and appendix G available for inspector use.

2. Fleet Inspection Stations. (Class F). Licensees are limited to the inspection of motor vehicles owned or maintained by the licensee.

Inspection Area. The licensed Fleet Inspection Station must provide a specific area defined by the Registrar within which the complete inspection shall be performed except where additional testing is required for brakes. The area must be in a building, enclosing an area at least 30 feet in length which exceeds by five feet width the width of the dynamometer used to perform the inspection. The designated area shall be suitably marked or otherwise outlined and include a smooth, substantial level floor on which all the wheels of the longest vehicle inspected will stand evenly while being inspected. Additional adequate space must be available within the building for repairing and maintaining motor vehicles.

3. Public Commercial Motor Vehicle Inspection Facility (Class H) And Facilities Utilizing Services of Class R or Class FR Inspectors. A commercial motor vehicle inspection station shall have a specific area approved by the Registrar within which the complete inspection of all commercial motor vehicles so defined shall be performed. The area shall be a suitably marked, smooth, level, unobstructed concrete flooring. The dimensions public commercial motor vehicle inspection facility shall at a minimum be: a length ten feet longer than the longest single or combination commercial motor vehicle to be inspected, with a minimum of at least 50 feet in length and a minimum of at least 14 feet in width. The area shall be equipped to provide regulated air supply of sufficient pressure and electrical power to any non-self powered commercial motor vehicle which in combination cannot be accommodated in the designated area. The designated area shall be enclosed in a building having an entrance of no less than 14 feet in width or as approved by the Registrar.

4. Private Commercial Vehicle Inspection Facility (Class F) shall have a specific area approved by the Registrar within which the complete inspection area shall be limited to commercial motor vehicles so defined, that are owned or maintained by the fleet licensee. The area shall be a suitably marked, smooth, level, unobstructed concrete floor with a length of ten feet longer than the longest commercial motor vehicle so owned or maintained. The length is to be no less than 45 feet and the width at least 14 feet. The requirement of air supply and electrical power need not apply providing the fleet owner does not own or maintain combination commercial motor vehicles. The designated area must be enclosed within a building with an entrance large enough to allow entrance of the largest vehicle to be inspected.

(3) Revocation, Suspension or Denial of Licenses.

(a) The Registrar may, after the applicant, licensee or person licensed by the Registrar to perform safety inspections has been granted a hearing held at such time and place as the Registrar may prescribe and duly notice to the licensee, refuse to issue a license, suspend or revoke a license or refuse to issue the renewal of a license for any of the following causes:

1. Failure to comply with any of the Rules and Regulations or the written Policies and Procedures of the Registrar or Commissioner pertaining to License Class LG, LD, LGD, F, FR, H, HD, HG, M, R, V Inspection Stations.

2. Failure to inspect vehicles during posted inspection hours.

3. Failure to have on hand at all times an adequate supply of Certificates of Inspection.

4. Failure to maintain that portion of premises utilized as an inspection area in a proper manner.

5. Failure to properly maintain equipment utilized in inspections procedures.

6. Engaging in fraudulent practices or conduct during the inspection of motor vehicles.

7. The issuance of a Certificate of Inspection or Certificate of Rejection without performing the required emissions test, if applicable.

8. For any action deemed by the Registrar or Commissioner of the Department of Environmental Protection to violate the terms and public purpose of the vehicle inspection program.

(a) Mailing, by first class mail, postage prepaid, of a notice of a hearing to the last known address of a licensee or applicant, 14 days prior to the date of the hearing, shall be deemed proper notice.

(b) Second, third, and subsequent infractions shall be infractions committed within the three years immediately preceding the date of the infraction for which the Registrar orders another suspension or revocation. The total number of prior infractions, in any combination, shall determine if a second or subsequent offense exists.

(c) If the licensee appeals the Registrar's decision to revoke or suspend a license, the Registrar, upon a timely request, may allow the suspension or revocation to be stayed pending a hearing before the Motor Vehicle Board of Appeal on Motor Vehicle Liability, Policies and Bonds if said suspension is not based upon activity which would constitute a threat to the public safety.

(d) Suspensions or revocations of the license of any Class LG, LD, LGD, F, FR, H, HD, HGM, R, V inspection station shall be in accordance with the following chart:

SUSPENSION PERIODS FOR VIOLATIONS OF INSPECTION PROCEDURE REQUIREMENTS
(Certificates of Inspection, as used herein, includes Certificates of Rejection)

Type of Offense	1st Infraction	2nd Infraction	3rd / Subsequent Infraction
1. Failure to maintain inspection bay in proper manner.	Up to 60 Days	Up to120 Days	Up to 240 Days
2. Failure to maintain adequate supply of Certificates of Inspection or Rejection.
3. Failure to maintain adequate security of Certificates of Inspection and test authorizations.
4. Failure to properly keep required Revoke records or properly complete required entries on Certificate of Inspection
5. Failure to charge the established inspection fee.
6. Failure to comply with any provisions of 540 CMR 4.00 or the Registrar's written policies or procedures relating thereto not otherwise specified herein.
7. Unauthorized person performing inspection.
1. Failure to apply Certificates of Inspection, or Rejection to vehicle as required.	Up to 60 Days	Up to 120 Days	Up to 180 Days	Revoke
2. Issuing Certificates of Inspection without performing a complete inspection.
3. Failure to perform complete inspection in designated inspection bay.
4. Failure to have on hand required equipment in proper working condition.
1. Suggesting or requiring that un necessary repairs or adjustments be made in order for vehicle to pass inspection.	Up to 180 Days	Up to 260 Days	Up to 540 Days	Revoke
2. Deliberate falsification or alteration of recorded data pertaining to inspection.
1. Licensee or employee performing inspections while under the influence of liquor or drugs.	Revoke	Revoke	Revoke	Revoke

The Registry shall suspend the license of an inspector or a station for a minimum of 180 days for intentionally improperly passing a motor vehicle for the emissions test required pursuant to 310 CMR 60.02. A second or subsequent violation within three years shall result in a license revocation.