Section 155.05 - Out-of-service Criteria for Commercial Passenger Motor VehiclesIf, in the course of inspecting a commercial passenger motor vehicle, a Department inspector finds a vehicle to be unsafe according to the current North American Uniform Vehicle Out-of-service Criteria, the following steps will be taken:
(1)Decal. An Out-of-service decal shall be placed on the driver's side of the windshield of the vehicle. The passenger carrier or driver of the vehicle shall not operate the vehicle in passenger service until all necessary repairs have been made.(2)Repairs. The vehicle with the Out-of-service decal may be operated to the nearest repair facility if the Department inspector states in the inspection report that it is safe to do so. Except for the movement to the repair facility, any operation of the vehicle with an Out-of-service decal, subjects the carrier to suspension or revocation of the carrier's operating authority, pursuant to the provisions of M.G.L. c. 159A, § 15.(3)Reporting. Within 15 days of the inspection, the passenger carrier must mail to the Department's Transportation Division a copy of the inspector's report, and a copy of the vehicle repair order showing that all safety related-equipment defect(s) have been corrected.(4)Reinspection. After receiving the carrier's proof of repair, the inspector shall arrange a time to reinspect the Out-of-service vehicle to verify that the defect(s) noted in the inspector's report have been repaired.(5)Defects Other Than Out-of-service Defects. If a safety-related defect or defects noted during an inspection are not identified and listed in the North American Uniform Vehicle Out-of-service Criteria, and therefore do, not subject the vehicle to an Out-of-service decal, that vehicle may be allowed to continue in operation for a period of 15 days after the inspection. Within the 15 days, the carrier must mail to the Department's Transportation Division a copy of the inspector's report and a copy of the vehicle repair order showing that the defect(s) have been corrected. Vehicles may be subject to reinspection. Failure to comply with Department regulations subjects a carrier to suspension or revocation of the carrier's operating authority, pursuant to the provisions of M.G.L. c. 159A, § 15.