540 CMR, § 19.04 - Requirements for Removal and Replacement of Certificates of Inspection
Whenever an appraiser determines that a motor vehicle is damaged such that it no longer meets the safety or emissions standards prescribed in 540 CMR 4.00 or 310 CMR 7.00, the Certificate of Inspection shall be replaced with a Temporary Certificate of Inspection.
(1) The appraiser's responsibility to
determine if a motor vehicle meets the prescribed safety or emissions standards
shall be limited to obvious visible safety or emissions damage included in the
itemization of parts, labor or service necessary to restore the damage for
which the claim is initiated.
(2)
The Registrar shall periodically provide appraisers with specific guidelines on
the following safety or emissions items that require replacement of the
Certificate of Inspection if found inoperable or unsafe:
(a) brakes, service and parking,
(b) exhaust system,
(c) fuel tank,
(d) horn,
(e) lighting,
(f) seat belts,
(g) sharp protruding metal,
(h) steering and suspension,
(i) tires, and
(j) windshield and windshield
wipers.
(3) If an
appraiser is unable to replace the Certificate of Inspection with a Temporary
Certificate of Inspection because the vehicle is locked, the owner refuses
access to the interior of the vehicle, or for any other reason preventing
access to the interior of the vehicle, the appraiser shall:
(a) insert the following information on the
form prescribed in
540 CMR 19.00 Appendix A:
claim number, date, Appraiser's name and the information required by such form
in numbered paragraphs 1, 3 and 7; and
(b) mail the form to the claimant by first
class mail, postage prepaid, to the last address shown on the insurance
company's records or, if the records contain no such address, at the claimant's
last business, residence or other address known to the insurance
company.
(4) If a
claimant who has received the form prescribed in
540 CMR 19.00 Appendix A asks
any licensed auto damage appraiser for a Temporary Certificate of Inspection
because the vehicle no longer meets the safety or emissions standards
prescribed in
540 CMR 4.00 or
310 CMR
7.00 the appraiser shall:
(a) replace the Certificate of Inspection
with a Temporary Certificate of Inspection without charge to the claimant;
and
(b) sign the form prescribed in
540 CMR 19.00 Appendix A and
provide the information required in numbered paragraph 6 of such
form.
Notes
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