540 Mass. Reg. 4.04

Current through Register 1523, June 7, 2024
Section 4.04 - Procedures for Inspection of Non-commercial Motor Vehicles
(1) Prior to beginning inspection, a visual check of the vehicle shall be made to determine that ice and snow accumulation or the condition of the suspension system will not impede or interfere with the proper aiming of headlamps, or that any space saver temporary spare tire is mounted on any axle.
(a) The Certificate of Registration or the online renewal confirmation receipt shall be inspected and the information contained thereon, including license plate, vehicle description, and vehicle identification number, shall be verified by observation of the subject vehicle. The information contained on the Certificate of Registration shall also be matched with the vehicle information accessible to the workstation. The data appearing on the Registration Certificate, the data accessible on the Workstation, the data appearing on the vehicle license plate, and the vehicle identification number and description must match in order for the inspection to proceed. As per M.G.L. c. 90, § 11, online renewals do not require a valid plate decal. No fee shall be assessed for an inspection which does not proceed due to a data match failure.
(b) No Certificate of Registration need be produced for a vehicle having a general registration issued in accordance with the provisions of M.G.L. c. 90, § 5. Either a photocopy of the original Certificate of Registration or the original Certificate of Registration may be produced for all other motor vehicles.
(c) A licensed inspector shall refuse to conduct an inspection if the motor vehicle's registration is determined to be invalid.
(2)Inspection of the Vehicle. All inspections must be performed in accordance with the applicable provisions of 540 CMR 4.00 and 310 CMR 60.02 by licensed inspectors in the inspection bay or area approved for inspections by the Registrar.
(a) Inspectors must first collect the proper fee for the inspection.
(b) The inspector shall drive the motor vehicle into the inspection bay or area approved for inspections.
(c) License plate(s), shall be undamaged, securely mounted, clean and clearly visible. No bumper, trailer hitch or other accessory may interfere with a clear view of the license plates. The license plate must be mounted in the proper location on the rear of the vehicle if the vehicle has been issued one plate. Both license plates must be mounted in the proper location on the rear and front of the vehicle, if the vehicle has been issued two plates. Any decorative license plate or license plate replica not issued by the Registry of Motor Vehicles on which any jurisdiction name appears must be removed from the vehicle.
(d) General Registration Holders, every motor vehicle in possession of a general registration shall be checked for the proper display of the compliance decal issued pursuant to 540 CMR 18.03: Compliance Decals. The Vehicle Identification Number (VIN) and Registration Number indicated on the decal shall correspond with such numbers as observed by the inspector on the vehicle inspected.
(e) Upon the successful completion of the inspection and a determination by the inspector that the vehicle meets all inspection requirements, the inspector shall remove the old Certificate of Inspection from the windshield and affix the new Certificate of Inspection and provide the motorist with all inspection documentation and program literature as required.
(f) A vehicle which is determined not to meet all inspection requirements shall be issued a Certificate of Rejection. The inspector shall provide the motorist with all inspection documentation and program literature as required by the Registry of Motor Vehicles or Department of Environmental Protection.
(3)Perform Emissions Testing Requirements and Procedures.
(a)Exemptions. The following motor vehicles are exempt from emissions testing: Any vehicle exempted pursuant to 310 CMR 60.02(3)(b) and in accordance with M.G.L. c. 111, § 142M.
(b)Conformance with Environmental Standards. All Emissions Inspections shall be performed in accordance with the applicable provisions of 310 CMR 60.02 and 540 CMR 4.00, and any written policies or procedures provided by the Registrar or the Commissioner.
(4)Brakes. (Non-commercial Vehicles)
(a) The inspector shall operate the vehicle to test the parking and service brake. The parking brake on all vehicles will be tested by accelerating the motor to approximately 1,200 to 1,300 RPMs with the vehicle in the lowest forward gear against the brake in the applied position. The vehicle will be rejected if the parking brake will not hold. The service brakes will be tested at a speed of between four and eight MPH. Service brakes must be reasonably equalized so that the vehicle does not pull to either side when applied. A test with the brake meter shall be made at a speed of 15 to 25 MPH in all questionable cases.
(b) Brakes shall be adequate to stop the vehicle from a speed of 20 MPH in not more than the following distances:

Service (foot) Brake

Pleasure Vehicles

30 feet

Trucks and Buses

40 feet

Parking (hand) Brake

All Vehicles

80 feet

(c)Additional Requirements For Types of Brake Systems.
1.Hydraulic Brake Systems. While the vehicle is stopped, apply approximately 125 lbs. foot-force to the brake pedal and hold for ten seconds. Reject the vehicle if the brake pedal height cannot be maintained or if less than 20% of the total available brake pedal travel remains or if the brake failure warning light on vehicles so equipped illuminates.
2.Power Brake Systems. Stop the vehicle engine and depress the brake pedal several times to eliminate all vacuum in the system. Depress pedal with a light force, approximately 25 lbs. foot-force and while maintaining this force on pedal, start the vehicle engine and observe if pedal moves slightly with engine running. The vehicle will be rejected if the pedal does not move slightly as the engine is started while pressure on the brake pedal is maintained. During the inspection of the vehicle, the condition of visible hydraulic components should be checked. The vehicle shall be rejected if evidence of fluid leaks or chafing, cracking, swelling, restriction or other damage exists on hydraulic tubing or hoses or if they are not securely fastened or improperly retained.
(5)Muffler and Exhaust System. Accelerate motor to test for prevention of unnecessary noise and emission of any unreasonable amount of smoke. The exhaust system, exhaust manifold(s), exhaust pipe(s), muffler(s), and tailpipe(s), if designed to be so equipped, shall be tight and free of leaks. System components shall be securely fastened with fasteners in place and undamaged. All motor vehicle exhaust systems shall discharge the exhaust beyond operator, passenger, and/or trunk compartment. Unnecessary noise is herein defined as any noise which is louder than that emitted by the vehicle when equipped with the original manufacturer's equipment. A gas or diesel vehicle will be rejected if, at normal operating temperature, when at idle or any constant speed, visible black or blue exhaust emissions are evident.
(6)Steering and Suspension.
(a) Check for free steering by turning the steering wheel through a full right and left turn. Reject a vehicle if binding or interference occurs during the procedure. With the front wheels in the straight ahead position (and the engine running on vehicles equipped with power steering) measure lash or lost movement at the steering wheel rim.
(b) Lash or lost movement on passenger cars and station wagons, as measured at the steering wheel rim, should not exceed two inches if the vehicle is equipped with manual steering. Lash or lost movement on antique motor vehicles will be measured by steering wheel diameter in accordance with the following schedule:

Steering Wheel Diameter

Lash (shall not exceed)

16 inches

2 inches

18 inches

2¼ inches

20 inches

2½ inches

22 inches

2¾ inches

Antique Motor Vehicles

Over 1/8 turn

(c) The front end (each side) of all vehicles will be raised by jacking and visually examined. Vehicles equipped with ball joints will be raised and checked in accordance with the applicable manufacturer's specifications.
(d) Reject a vehicle with excessive wear or play in any part of the steering mechanism, suspension or drive train of the vehicle that would affect proper and safe operation.
(e) Reject a vehicle with broken, bent or missing shock absorbers or suspension springs.
(7)Horn. Sound horn to test for adequate signal. The horn must be securely fastened to the vehicle and operate as originally designed.
(8)Glazing, Mirrors and Windshield Wiper(s).
(a) All glazing originally equipped on the vehicle must be in place and operate as originally designed.
(b) Windshield Critical Viewing Area is the area covered by the sweep of the wiper(s) exclusive of the outer two inches within the perimeter of the wiper(s) sweep, provided by the vehicle manufacturer.
(c) Windshields having any of the following defects will be rejected:
1. Any broken glass with sharp or jagged edges inside or outside.
2. Any stone bruise, star break, or bulls eye, damage in excess of one inch in diameter within the critical viewing area or larger than two inches outside the critical viewing area, or multiple such damage.
3. Single line cracks which extend more than three inches into the critical viewing area.
4. Multiple cracks, having one or more which extends into the critical viewing area.
5. Wiper scrape(s) in excess of ¼ inch wide within the critical viewing area.
6. Clouding extending more than three inches within the perimeter of the exposed glass.
7. No poster, sticker decal or any other item shall be attached to the windshield in such a manner so as to obstruct the vision of the operator.
8. Any tinting or reflective material applied by brush, spray, or adhesive which is below the uppermost six inches of the windshield or which may encroach upon the drivers direct forward viewing area. (All such tinting provided by the original manufacturer in compliance with applicable Federal Motor Vehicle Safety Standards is acceptable.)
(d)Rear Windows. Rear windows, if originally equipped, must allow an unobstructed view to the rear, unless the vehicle is equipped with two outside rear view mirrors.
(e)Windshield Wiper(s) - Test for Proper Operation. Windshield wipers must work as originally designed. If the vehicle was equipped with two wipers, as furnished by the manufacturer, both must be maintained in good working order. Wiper blades must properly contact the windshield and, be of the same length as those furnished as original equipment. The rubber elements shall be free from damage or tears.
(f)Windshield Cleaner. If the vehicle was equipped with windshield cleaner equipment as furnished by the manufacturer, units must be maintained in good working order and operate as originally designed.
(g)Window Tinting. Aftermarket tinting or alterations that do not change the transparency beyond that of the standards set forth in 49 CFR Part 571.205 is acceptable on windows immediately adjacent to the operator and front passenger seat, the windows immediately to the rear of the operator and front passenger seat and the rear window. If the rear window has any aftermarket tinting or alterations, the vehicle must be equipped with two outside rear view mirrors. The windshield may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield. 540 CMR 4.04(8)(g) shall not apply to the following:
1. All window tinting as provided by the original manufacturer that is in compliance with applicable Federal Motor Vehicle Safety Standards.
2. Authorized vehicles used to transport K-9 teams.
3. Vehicles registered out of state.
4. Vehicles for which a medical exemption has been issued by the Registry of Motor Vehicles.
5. All windows to the rear of the operator's seat on vehicles used for public livery, except taxicabs.
6. Any vehicle registered to the federal, state or local law enforcement agencies.
7. Vehicles registered to watch guard or patrol agencies licensed under the provisions of M.G.L. c. 147, § 20 or M.G.L. c. 122, § 63.
(h) The use of advertising wrap or vehicle wrap material on any window is prohibited.
(9)Rearview Mirrors. Each motor vehicle shall be equipped with at least one mirror so placed and adjusted as to afford the operator a clear, reflected view of the highway to the rear and left side of the motor vehicle. All mirrors as furnished by the manufacturer must be in place and operate as originally designed. Check mirror(s) and reject if:
(a) Mirror is cracked, broken, tarnished or reflective surface is peeled.
(b) Mirror will not hold adjustment or is not mounted securely to prevent excessive vibration.
(c) Mirror contains sharp edges, projections or irregular indents capable of producing injury.
(10)Lighting Devices.
(a)Tail Lights. Every motor vehicle, except a two-wheeled motorcycle, an antique motor car, and a farm tractor, shall be equipped with two red lights (tail lamps) mounted one at each side of the rear of the vehicle so as to show two red lights from behind and equipped with two stop lights (stop lamps) mounted and displayed in a like manner. A single lamp may combine both of the above functions. Every motor vehicle shall be equipped with a white light so arranged as to illuminate the rear number plate so that it is plainly visible at 60 feet.
(b)Directional. Front and rear directional signals will be operable on every vehicle originally equipped with such signals. Every motor vehicle registered in the Commonwealth, which was manufactured for the model year 1967 and for subsequent model years, shall be equipped with a device to permit the front and rear directional signals to flash simultaneously.
(c)Headlamps. Headlamp aim shall be checked in accordance with the specifications as most recently provided by the Registrar.
(d)Lighting Devices and Reflectors. All lighting devices and reflectors originally equipped on the vehicle at the time of manufacture shall be operable and operate as they were originally designed. Lenses must be intact, clean, unobstructed, and free from cracks. The use of adhesive tape to repair lenses is prohibited.
(e)Aftermarket Lighting. Any aftermarket lighting inconsistent with FMVSS 108 or M.G.L. c. 90 shall be removed or the vehicle shall be rejected. All approved aftermarket lighting shall be operable and capable of performing their design function or must be removed from the vehicle.
(11)Tires.
(a) A Certificate of Rejection shall be issued to any vehicle submitted for inspection with a tire which exhibits any of the following conditions:
1. Fabric break or cut in excess of one inch; bump or knot evidencing deterioration of the tire structure; or any ply or cord structure visible.
2. For tires without tread wear indicators: Measurement taken with tread depth gauge reveals less than 2/32 inch of tread depth is present in any original tread groove.
3. For tires with tread depth indicators: Tire is worn so that any tread wear indicator contacts the road.
4. Studded tires between May 1st and November 1st unless approved by the Registrar.
5. Restricted markings indicating usage limited to any condition other than permanent highway use.
6. Radial ply tire(s) on the same axle with non-radial tire(s); Radial tire(s) on the front axle with non-radial tire(s) on the rear axle (Exception: Vehicles equipped with dual rear wheels may have radial and non-radial tires on any axle provided they are not intermixed on the same axle).
7. Tire size shall be the same on each side of the front and/or rear axle. Tire size may be different between front and rear axles as determined by vehicle manufacturer.
(b)Wheels, Wheel Bolts, Nuts or Lugs. A Certificate of Rejection shall be issued to any vehicle submitted for inspection which exhibits any of the following conditions:
1. Any part of any mounted wheel is bent, cracked, rewelded, damaged or has elongated bolt holes which may affect safe operation of the vehicle.
2. Wheel bolts, nuts, studs or lugs are loose, missing, damaged or are not compatible for use with wheel design.
(12)Bumpers, Fenders, External Sheet Metal and Fuel Tank. A Certificate of Rejection shall be issued if any of the following conditions are evident:
(a)Bumpers. Broken or bent bumpers, fenders, exterior sheet metal or moldings, having sharp edges or abnormal protrusions extending beyond normal vehicle extremities so as to constitute a danger to pedestrians and other motor vehicle traffic. If bumper face plates are removed, bumper brackets must also be removed. On vehicles equipped with air bags, the front bumpers may not be removed. The vehicle hood, door(s), luggage compartment lid, and battery or engine compartment doors or lids, if so equipped, must operate as originally designed.
(b)Latches and Lids. The vehicle hood, door(s), luggage compartment lid, and battery or engine compartment doors or lids, if so equipped, must operate as originally designed.
(c)Fenders. Front and rear fenders must be in place on all vehicles manufactured after model year 1949 if such vehicles were designed and manufactured to be operated with front and rear fenders. Every motor vehicle under 10,000 lbs. (GVWR), which is equipped with tires which extend beyond the fenders or body of such vehicle shall be equipped with flaps or suitable guards to reduce such spray or splash to the rear and side.
(d)Floor Pans. Holes or cracks, due to rust or otherwise, in the floor pans or other body panels which would permit the passage of exhaust gases into the passenger or trunk compartments.
(e)Fuel Tanks. Fuel tanks and all fuel system components, including fuel caps, which are not securely attached to the vehicles body or chassis, or that are leaking.
(f)Frame or Unibody. Broken, cracked, modified or rusted structural parts of the undercarriage or unibody so as to cause a hazard or structural weakness.
(13)Altered Vehicle Heights. The original manufacturers specified height of motor vehicles with an original manufacturers gross vehicle weight rating of 10,000 lbs. or less shall not be altered by elevating or lowering the chassis or body by more than two inches, except that four-wheel drive motor vehicles with a original manufacturer's gross vehicle weight rating of 10,000 lbs. or less may be altered in accordance with the provisions of 540 CMR 6.00: Alteration of Motor Vehicle Height. Any motor vehicle altered, modified, or changed beyond the aforementioned two inches, or the Registrar's approved altered height specifications, shall be rejected.
(14)Safety Belts, Lap Belts and Shoulder Restraints. Safety belts, lap belts and shoulder restraints originally installed in motor vehicles manufactured after July 1, 1966 shall be inspected to assure that all are maintained in good order. It shall be the responsibility of the motorist that the safety belts are readily accessible for inspection.
(15)Air Bags. All vehicles ten or less model years old so equipped must comply with 49 CFR, Parts 571 through 595. The inspector shall check for proper operation of the airbag malfunction indicator lamp, and if the lamp indicates a malfunction in the airbag system, or if any airbag originally equipped in the vehicle is deployed or is missing the vehicle shall be rejected.
(16)Fuel Tank Cap Visual Check. The vehicle shall fail the gas cap visual check if the cap is missing, defective, or does not properly fit the vehicle.

540 CMR 4.04

Amended by Mass Register Issue 1360, eff. 3/9/2018.