540 CMR, § 26.03 - Revocation of Registration

(1) The Registrar will revoke the vehicle registration of any vehicle that has been issued three or more citations, as indicated in 540 CMR 26.01, for a violation of M.G.L. c. 90, § 19K committed during the period of May 15^th of any year and October 15^th of that year or any other year, whether or not the owner was operating the vehicle at the time each or any of the citations were issued. Once revoked, the registration will not be reinstated until such time as the Registrar is satisfied, from an examination of the vehicle, that the vehicle is in compliance with M.G.L. c. 90, § 19K and with 540 CMR 26.00; the reinstatement fee has been paid; the vehicle is not otherwise in default on any unpaid obligations and the vehicle is otherwise safe to operate. Once a registration is revoked, any attempt to re-register the vehicle with a different registration number shall be referred for enforcement action.

(2) If the registration is revoked and the owner seeks reinstatement prior to October 15^th of any year, the owner must present the vehicle to the Registry's Vehicle Services Section for inspection, at a time and place to be chosen by the Registrar.

(a) If the Registrar is satisfied from an examination of the vehicle that the plow has been removed and the hitching mechanism, if remaining on the vehicle, is in compliance with the provisions of M.G.L. c. 90, § 19K, and the vehicle does not otherwise appear unsafe to operate, the Registrar may allow for reinstatement.

(b) If the Registrar is satisfied from an examination of the vehicle that the plow has been removed but is also satisfied that the hitching mechanism, if remaining on the vehicle, does not comply with the provisions of M.G.L. c. 90, § 19K, the Registrar shall refuse to reinstate the registration until such time as the hitching mechanism is removed from the vehicle.

(3) If the registration is revoked and the owner seeks reinstatement after October 15^th of any year, the owner must present the vehicle to the Registry's Vehicle Services Section for a visual examination at a time and place to be chosen by the Registrar.

(a) If the Registrar is satisfied from an examination of the vehicle, whether or not the plow is attached, that the hitching mechanism, if remaining on the vehicle, is in compliance with the provisions of M.G.L. c. 90, § 19K, and the vehicle does not otherwise appear unsafe to operate, the Registrar may allow for reinstatement on the conditions noted above.

(b) If the Registrar is satisfied from an examination of the vehicle, whether or not the plow is attached, that the hitching mechanism, if remaining on the vehicle, does not comply with the provisions of M.G.L. c. 90, § 19K, but the owner asserts that such mechanism is not permanently affixed by welding or other means and can be removed from the vehicle without damage to the vehicle itself, and the vehicle does not otherwise appear unsafe to operate, the Registrar may allow for reinstatement, provided, the vehicle owner enters into a written agreement, with the Registrar signed by the owner under the penalties of perjury, agreeing that if the Registrar reinstates the registration, the owner will remove the hitching mechanism by the following May 15^th and the owner further agrees to post a $1000 performance bond with the Registrar prior to any reinstatement, which bond shall be held to ensure performance of the owner's obligation to remove such mechanism by the agreed-upon date. The owner also agrees to contact the Registry's Vehicle Services Section to arrange for an examination of the vehicle on or around May 15^th, at a time and place to be determined by the Registrar, so that the Registrar can ascertain if the hitching mechanism has been removed. If the Registrar is satisfied that it has been removed she shall arrange for the return or cancellation of the bond. The agreement shall also contain a provision that if the owner fails to remove the offending hitching mechanism by the following May 15^th the Registrar may file a claim against the bond for the full amount and revoke the vehicle's registration.

Notes

540 CMR, § 26.03