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Attaching Inspection Sticker

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Posted by: Brian823

I found a car this morning with a "swapped" inspection sticker. The VIN on the sticker didn't match the VIN on the vehicle it was attached to. It came from another vehicle owned by the same person. The plates were revo/insc, registered owner suspended, warrant, etc...

However, it looks like the only violation regarding the sticker is 90-20.
90-24B wouldn't apply because the sticker wasn't forged or altered. Has anyone had any luck charging these another way? if not, maybe the legislature should make it a crime - like attaching plates.



Posted by: MiamiVice

I would argue that it was altered, It was originally affixed to vehicle A the jerk then removes (alters) it and puts it on Vehicle B, to conceal the fact that he is in viol of C.90 S.20


Ken



Posted by: Gil

Screwing with GOD's paperwork (as Capt. Cardalino puts it) is a big no no. His ass is sucking canal water. 90-24B should have been added.



Posted by: Dr.Magoo

If the sticker is issued to the owner of the vehicle you stopped, I would consider as Gil stated c90 s24B, since is was altered (as SPDFITZ stated). If the sticker does not belong to him however, you can also go with receiving stolen property.



Posted by: Gil

I had one this morning, windshield replacement. I could not read the VIN on the sticker because it was pulled off but later found out it was the same VIN, just a different plate and owner.

The plate and the registered owner where different. So this girl buys a junker, had the windshield replaced and put the old owners sticker back on.

It's borderline I think but where the sticker was not issued to the current owner and was re-affixed after she took possession of it I went ahead and charged her with the 90/24B.

Normally I would just cite 90/20 no inspection sticker but like I said she put it back on (or had the garage put it back on)

Ripped the sticker and summonsed her.

Opinions?



Posted by: Gil

Quote:
Originally Posted by Brian823
I found a car this morning with a "swapped" inspection sticker. The VIN on the sticker didn't match the VIN on the vehicle it was attached to. It came from another vehicle owned by the same person.
"Section 24B. Whoever falsely makes, steals, alters, forges or counterfeits or procures or assists another to falsely make, steal, alter, forge or counterfeit a learner's permit, a license to operate motor vehicles, an identification card issued under section eight E, a certificate of registration of a motor vehicle or trailer, or an inspection sticker,"

"or whoever has in his possession, or utters, publishes as true or in any way makes use of"

http://www.state.ma.us/legis/laws/mgl/90%2D24b.htm

Definition: \Pro*cure"\, v. t. [imp. & p. p. {Procured}; p. pr. &
vb. n. {Procuring}.] [F. procurer, L. procurare, procuratum,
to take care of; pro for + curare to take care, fr. cura
care. See {Cure}, and cf. {Proctor}, {Proxy}.]
1. To bring into possession; to cause to accrue to, or to
come into possession of; to acquire or provide for one's
self or for another; to gain; to get; to obtain by any
means, as by purchase or loan.



Posted by: Dr.Magoo

Quote:
Originally Posted by Gil
It's borderline I think but where the sticker was not issued to the current owner and was re-affixed after she took possession of it I went ahead and charged her with the 90/24B.

Normally I would just cite 90/20 no inspection sticker but like I said she put it back on (or had the garage put it back on)

Ripped the sticker and summonsed her.

Opinions?
I think it is borderline too. She'll just get a small fine if anything. An actual fake sticker up my way only gets a $500 fine.



Posted by: bbelichick

Quote:
Originally Posted by BartPD
I think it is borderline too. She'll just get a small fine if anything. An actual fake sticker up my way only gets a $500 fine.
But... It's a Five Year Felony!!




Posted by: SRRerg

BartPD wrote:

I think it is borderline too. She'll just get a small fine if anything. An actual fake sticker up my way only gets a $500 fine.

There's no justice like North Shore justice! O.k., maybe South Shore justice...



Posted by: mpd61

Call me a softie!

I only rip for the altered sticker felony when it's clearly been tampered with, or different VIN. I've gotten excited by too many SWAP plate or windshield replacement scenarios. So I like to go slow and look at totality of circumstances

That's my opinion. You go Gil!




Posted by: TheFuzz357

The key word in the language of 90-24B is "altered". Once the VIN's don't match, it's altered from it's original state. They only get a fine in the Worcester area as well. But I summons all of them. If they want to be sleazy and swap stickers around, don't feel bad about sending them to court to explain their actions.

I've gotten some pretty good (bad) actual forgeries that I've kept for display/court purposes.



Posted by: Brian823

Quote:
The key word in the language of 90-24B is "altered". Once the VIN's don't match, it's altered from it's original state.
As far as the sticker being -altered- there is absolutely no change to the sticker -only "un-sticking" it from one windshield and sticking it on another. Would this still qualify as "altered?"

The vin on the sticker came back to the registered owner of the vehicle - only it was supposed to be affixed to another vehicle. I think what happened is that he sold the other vehicle and peeled the sticker off for use on his new vehicle.


I've heard that tow truck owners sometimes change out rear windows because of some sticker (DPU maybe) that's required for the back window of tow trucks. If they replace a tow truck, they move the window to the new truck - cheaper than getting one of these stickers.



Posted by: texdep

I would argue 24B could be used as follows ( refer to c90 sec24B)

A party who procures an inspection sticker to be made for one vehicle and in turn uses it on another has caused the sticker to be falsely made and by displaying it on the second vehicle is uttering it to be true and is making use of the falsely made sticker.


Any thoughts???



Posted by: texdep

Sorry Gil, Just re-read thru the posts and saw that you already said what I just did.



Posted by: DFP2662

Quote:
Originally Posted by BartPD
I think it is borderline too. She'll just get a small fine if anything. An actual fake sticker up my way only gets a $500 fine.
$500?!?!?!?! I was getting 4-5 fake stickers a week and almost all of them were dismissed with court costs (usually $50.)



Posted by: mpd61

Quote:
Originally Posted by Brian823
Quote:
The key word in the language of 90-24B is "altered". Once the VIN's don't match, it's altered from it's original state.
The vin on the sticker came back to the registered owner of the vehicle - only it was supposed to be affixed to another vehicle.

.
Brian,

It's a done deal! FELONY!



Posted by: Brian823

I like it... these people deserve to get whacked with something more than a CMVI. However, I would probably recommend citing in this instance - instead of arresting. (better safe than sorry).

The "best" fake inspection sticker I've seen was made with crayons and taped to the window. I was laughing so hard, I couldn't bring myself to charge the guy.



Posted by: NACop

Quote:
Originally Posted by Brian823
I like it... It should be a 90-24B 5 year felony. The "best" fake inspection sticker I've seen was made with crayons and taped to the window. Red border with a black 4. I was laughing so hard, I couldn't bring myself to charge the guy.
So you let the guy go for a Felony? Not even a bang for $500? I bet he was laughing harder than you, you clown!

Where the HELL do you work?




Posted by: Southside

He's a Constable!

Just kidding....Had to do it.



Posted by: Brian823

I sent you a PM (NA Cop).



Posted by: DANIPD

I recently stopped a courier van that had some obvious safety concerns. RMV listing showed no inspection status with an effective date of June of '03. The van displayed an orange (2004) "11." I checked the sticker on the van and the vin did not match. The sticker belonged on another van belonging to the same company. The driver did not seem to have any knowledge of the bad sticker; but admitted that a lot of the vans are "junks." I seized the sticker but found out quickly that a company cannot be charged with the criminal charge 90-24B (altered inspection sticker). Just wondering if anyone had some insight on how to handle such matters, in the case that the vehicle belongs to a company, not an individual owner. Thanks in advance.



Posted by: JoninNH

I know a guy here in New Hampshire who recreated one of our inspection stickers on his home computer, printed it off and used photo adheasive to attach it to his windshield. Dummy "forgot" he had it effectively cemented on his windshield and when he decided to actually get it inspected the inspection station had a hell of a time scraping it off. Ooops.



Posted by: reno911_2004

Quote:
Originally Posted by Brian823 @ Thu 19 Feb, 2004
Quote:
The key word in the language of 90-24B is "altered". Once the VIN's don't match, it's altered from it's original state.
As far as the sticker being -altered- there is absolutely no change to the sticker -only "un-sticking" it from one windshield and sticking it on another. Would this still qualify as "altered?"

The vin on the sticker came back to the registered owner of the vehicle - only it was supposed to be affixed to another vehicle. I think what happened is that he sold the other vehicle and peeled the sticker off for use on his new vehicle.


I've heard that tow truck owners sometimes change out rear windows because of some sticker (DPU maybe) that's required for the back window of tow trucks. If they replace a tow truck, they move the window to the new truck - cheaper than getting one of these stickers.
The sticker you're referring to is the MA RMV "sales tax paid" sticker. They are required to affix it to the truck because the repair plates generally on tow trucks are not vehicle specific. That one is a BIG no-no. Those stickers also display vin numbers. I doubt that anyone other than the MSP commercial enforcement folks ever think to check that one. Good call, I've never heard of that scam before.



Posted by: localPD

i had the same situation several times. the first time i had to call a supervisor to answer the question. that is covered under 90 s 24b. it is a FELONY and so far it has flown in court



Posted by: Mikey682

Like localpd said, its still a felony.
When I worked for a Chap 90 dept, it was considered "forging" the registry document becuase the subject was trying to pass off the un-stickified sticker as the sticker of THAT vehicle. Same difference though, just a different look at the law.



Posted by: stm4710

I just got my year sticker, the guy just drove it in beeped the horn flashed the lights typed on the computer and put a sticker in...........emissions test........whats that shhhhhhhh. :P



Posted by: Harley387

My understanding is that the "new" emissions test is no longer being used because of flaws. They now just plug the computer into your vehicle diagnostic computer, and if no warning indicators come up, (emissions lights, oxygen sensor, etc.) you pass. This is suppose to change when the "new new" system is up and running.



Posted by: Wolfman

I know CT deep sixed their emissions testing due to (ahem) corruption...I think Mass still has it but it's done very other year. So if you just got a safety inspection this year, you'll get both next year. Correct me if I'm wrong though...



Posted by: jessekb

VOR you are correct

From massrmv.com

Massachusetts is adding a new enhanced emissions inspection test to the current safety test beginning October 1, 1999. Generally, vehicles will be tested for emissions every other year based on model year and will continue to be tested for safety annually.



Posted by: autox5191

It depends on what type of equipment each individual station has. The DEP has determined that the ESP machine that stations have are junk, they are replacing them with ones from SPX. Friend of mine owns a garage and says all emission stickers at his station are getting a 1 year pass. The company who holds contract is suppose to be replacing all ESP machines by end of FEB 05. So if u got a real stinker that u know wont pass it's run on the treadmill find an ESP station.
He also said something along the lines of state may actually be on the way to enforcing suspensions for failures & expired stickers, something along the lines that they'll (registry) will be sending out letters between 30 to 90 days of expiration, with a warning of suspension & then actual letter of suspension. I'll believe when I see it though not holding breath either!!!



Posted by: darkknight750il

Everyone I have seen with a "funny" sticker deserves 90/24b. They either have registration/Insurance/License suspensions or other problems, or they are driving an unsafe vehicle. Lets face it, if the nice guy with the "funny"sticker you just let go pops a ball joint going 75mph down the highway and causes a major accident and a lawyer or News crew finds out, the focus will shift from the accident to the police's failure to prevent it!



Posted by: briand911

what about a vehicle that is running off a repair plate ?? This vehicle had no sticker at all I was told by the oic that it was ok because the plate is on the vehicle that is under repair ??? anyone have any take on this?? The vehicle in question was a tow truck that I see all the time on the road that works for a salvage yard ......



Posted by: anesthes

Quote:
Originally Posted by briand911 @ Fri Oct 15, 15:43
what about a vehicle that is running off a repair plate ?? This vehicle had no sticker at all I was told by the oic that it was ok because the plate is on the vehicle that is under repair ??? anyone have any take on this?? The vehicle in question was a tow truck that I see all the time on the road that works for a salvage yard ......
Tow vehicles must have a repair plate to tow unregistered, uninsured vehicles.

There should be a compliance decal on the back window.

Your an officer, right?





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