Enforcement.

Starting December 31, 2025, contractor's failure to comply with requirements contained in 540 CMR 4.10 may not result in a Certificate of Rejection under 540 CMR 4.07(3). Starting December 31, 2025, contracting Commonwealth agency that identifies noncompliance with respect to a vehicle that is subject to 540 CMR 4.13 may enforce these regulations using the following remedies: (1) Any contractual remedies available pursuant to the agreement between the contractor and the contracting Commonwealth agency up to and including termination of the contract by the Commonwealth Agency; or 4. 1 1 : continued (i) Digital color pictures showing the vehicle, VIN, registration, and the lateral Protective Devices, Convex Mirrors, Cross Over Mirror(s), and Back Up Cameras on the vehicle; (j) Attestation that the vehicle does not contain aftermarket modifications or accessories such as 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. (k) Attestation that the operator of the vehicle is proficient with the operation and use of Lateral Protective Devices, Convex Mirrors, Cross Over Mirror(s) and Back Up Cameras. (2) Certification and Waiver Process by Vehicle Owner or Representative. An applicant seeking certification or who is requesting a waiver must complete and submit the certification or waiver application, and all required documentation in accordance with 540 CMR 4. 1 1(1) and 540 CMR 4. 12, in a form and manner prescribed by the Registrar. The vehicle owner or representative shall submit the completed certification to the Registry of Motor Vehicles in accordance with the process established by the Registry of Motor Vehicles. Once a vehicle is certified, that certification shall be valid for all future commonwealth contracts, provided the vehicle remains in compliance with the requirements of 540 CMR 4.1 1(2). (3) Review by Contracting Commonwealth Agency. The contracting Commonwealth Agency shall review their contractor's submission to the Registry of Motor Vehicles for a request for certification or waiver and confirm, to the best of their knowledge, that their contractor has submitted the required documentation, in accordance with the process established by the Registry of Motor Vehicles. (4) Certification and Alternative Means of Compliance. A vehicle's characteristics or component parts can be regarded as an alternative means of compliance, adequate replacement, or functional or safety equivalent substitute for the requirements, standards and specifications for Lateral Protective Devices, Convex Mirrors, or Cross Over Mirror(s) contained herein. Any request for an alternative means of compliance is subject to the approval of the Registrar and the certification requirements in 540 CMR 4. 1 1(1)(2). 4. 12: Waiver. Owners of vehicles that are subject to the provisions of 540 CMR 4. 10 and 4. 1 1 may, on a form supplied by the Registry of Motor Vehicles, apply for a waiver from any or all of the requirements contained in 540 CMR 4.10 (2) through (6). The owner of the vehicle requesting the waiver must specify which of the requirements contained in 540 CMR 4. 1 0(2) through (6) the owner is seeking a waiver, and a clear and concise statement of the reason for seeking a waiver. Upon submission of a certification or waiver by a contractor, the contracting Commonwealth Agency shall review the submission only for completeness of documentation and confirm that the contractor's has submitted the requested documentation to the Registrar regarding a contractor's request for a waiver. The required waiver documentation shall be submitted to the Registry of Motor Vehicles in accordance with the process established by the Registrar. Within 30 days of receipt of a complete waiver request, at the discretion of the Registrar, waivers may be granted for a vehicle that cannot comply with the requirements in 540 CMR 4.12 due to the design, operation or other safety considerations relating to the vehicle.