540 Mass. Reg. 4.02

Current through Register 1524, June 21, 2024
Section 4.02 - Definitions

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.

540 CMR 4.02

Amended by Mass Register Issue 1360, eff. 3/9/2018.
Amended by Mass Register Issue 1480, eff. 10/14/2022.