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

540 CMR 19.04