Licensure of Inspectors - License Application Procedures and Fees

(1) To obtain a license to conduct motor vehicle inspections from the Registrar, a person must be trained and certified by the Registrar and DEP pursuant to 310 CMR 60.02: Massachusetts Motor Vehicle Emissions Inspection and Maintenance Program and 540 CMR 4.00. (2) The applicant must provide proof of certification and a valid driver license together with a nonrefundable fee which shall be established by the Secretary of Administration and Finance pursuant to M.G.L. c. 90, § 33 and 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies. (3) The fee is payable to the Registry of Motor Vehicles and shall accompany each application. (4) When the application is approved by the Registrar, the applicant shall be granted a license which shall be valid for a period of one year from the date of issuance. The license shall be renewable annually at a fee which shall be established by the Secretary of Administration and Finance pursuant to M.G.L. c. 90, § 33 and 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies. 4. 10: Special Safety Requirements for Commonwealth Heavy Vehicles and Contractor Heavy Vehicles. (1) Unless a vehicle is exempt pursuant to 540 CMR 4.10(7), or a waiver has been issued pursuant to 540 CMR 4. 12, a registered Commonwealth Heavy Vehicle or Contractor Heavy Vehicle shall be equipped with Lateral Protective Devices, Convex Mirrors, Cross Over Mirrors, and Back Up Cameras. (2) Aftermarket Modifications and accessories including bug deflectors, chrome visors, and bull bars that reduce the ability of the vehicle operator to directly see Vulnerable Users in the vicinity of the vehicle or that increase fatality and serious injury risk to Vulnerable Users in a collision with the vehicle are prohibited. (3) Lateral Protective Devices. In accordance with US Department of Transportation Volpe Side Guard Standard DOT-VNTSC-OSTR-16-05, as amended, lateral protective devices or side guards on vehicles that are subject to the provisions of 540 CMR 4. 10(3) shall be installed, throughout their length, to offer effective protection to vulnerable users against the risk of falling under the sides of the vehicle and being caught under the wheels. Lateral Protective Devices shall meet the following requirements: (a) Allow for a maximum 13.8 inch ground clearance; (b) Allow for a maximum 13.8 inch top clearance; (c) Allow for a maximum horizontal distance between the front tire (cabover trucks) and the lateral protective device of 1 1 .8 inches, however, if the front tire is located next to a step or tank, the maximum horizontal distance from the front tire to the lateral protective device shall be 3.9 inches, and if the front tire is located next to landing gear (semi-trailer), the maximum horizontal distance from the front tire to the lateral protective device shall be 9.8"; (d) Be recessed a maximum of 1 .2 inches from the face of the front and rear tires; (e) Have a minimum impact strength of 450 pounds applied perpendicularly to any part of its surface by the center of a ram the face of which is circular and not more than 8.7 inches in diameter; (f) Be capable of withstanding 450 pounds of force applied perpendicularly to any part of its surface by the center of a flat, circular plate of diameter not greater than 8.7 inches, such that the deflection of the loaded side guard measured at the center of the plate does not exceed (1) 5.9 inches anywhere, or (2) 1 .2 inches in the rearmost 9.8 inches. A manufacturer may demonstrate compliance using a valid engineering calculation, such as finite element analysis; (g) Achieve a smooth and continuous longitudinal impact surface flush with the vehicle or tire sidewall, whichever creates the outermost plane of the vehicle, and shall not be susceptible to loosening due to vibration in the normal use of the vehicle; (h) May include rail type guards, provided that such rails shall not be less than four inches tall and not more than 1 1 .8 inches apart; and (i) Acceptable lateral protective device protection as an alternative means of compliance can be provided by any combination of vehicle body, fuel tanks, tag axles, tool boxes, or purpose-built side guards comprising a smooth surface flush with the vehicle sidewall, and meeting all of the dimensional and strength specifications set forth above. 4. 10: continued (4) Convex Mirrors. Vehicles that are subject to the provisions of 540 CMR 4.10(4) shall be equipped with convex mirrors that are door mounted, wide-angle mirrors that enable an operator to see objects along the left and right sides of a motor vehicle, trailer, semi-trailer or semi-trailer unit. (5) Cross Over Mirror(s). Vehicles that are subject to the provisions of 540 CMR 4.10(5) shall be equipped with a mirror mounted on a hood or fender that enables the operator to see objects in the area immediately in front of a conventional cab hood; provided that a vehicle that has a cross over mirror installed shall have a label visible to the seated driver in accordance with Federal Motor Vehicle Safety Standard No. 111, 49 CMR 571.111. (6) Back Up Cameras. Vehicles that are subject to the provisions of 540 CMR 4.10(6) shall meet the requirements of Federal Motor Vehicle Safety Standard No. 111, 49 CFR 571.111(S6.2(b)) through (S6.2.7). (7) Exemptions. The provisions of 540 CMR 4.10 do not apply to the following vehicles: (a) Ambulances, and other emergency medical vehicles (b) Firefighting vehicles; (c) Low speed vehicle as defined in MGL c. 90, § 1; (d) Agricultural tractors; (e) Commonwealth owned vehicles leased or purchased before January 1, 2023; (f) Heavy Vehicles operated in the Commonwealth of Massachusetts under an emergency contract with the Commonwealth or in service of a declared federal, state, or local emergency until such emergency contract lapses or a permanent contract is executed in its place; (g) Heavy Vehicles operating under a municipal contract and grant program funded with state aid through Commonwealth Agencies, such as a Chapter 30 Program, Municipal Small Bridge, Complete Streets; (h) The Highway Administrator may make a recommendation to the Secretary of the Massachusetts Department of Transportation, to exempt snow removal vehicles and tow operation vehicles under contract with the Commonwealth from the requirements for special safety equipment contained in 540 CMR 4.10. The Secretary, in consultation with the Registrar, may issue an exemption for these vehicles on such roadways that are deemed to be low risk for vulnerable user interaction; and (i) Any other class or type of vehicle as determined by the Registrar. (8) Recordkeeping. The vehicle owner shall maintain detailed records of all vehicles subject to 540 CMR 4.10 and 4.11. A copy of the certification or waiver issued in accordance with 540 CMR 4.12 shall be kept in the vehicle at all times. Vehicle records shall be available for inspection by the Registry of Motor Vehicles or any contracting Commonwealth agency within five days of receiving a written request for such records.