Last night I confiscated a repair plate. During the course of the investigation I found that the owner had let a friend borrow the plate. I am going to charge the plate owner with misuse of a repair plate. In looking through my materials I see that I can issue a $500 CMVI for Repair Plate Misuse under 90/5, but apparently I can criminally charge him for misuse under 540 CMR 18.04.
Does anyone have an experience with this? Just wondering what the RMV prefers. I tried to get a hold of Section 5 today......after 4......on a Friday.......surprisingly there was no answer.
I don't think you can issue the civil fine for misuse of the repair plate. If you read the 90/5 statute it does not provide for a civil penalty. If you check the most recent list of scheduled assessments for CMVIs under 90/5 it refers you to the CMR (540/18.04) and lists it as criminal. You can still go civil for unregistered on the vehicle the plate is being used on or criminal for uninsured and attaching.
Along with misuse of repair plate, you can charge them for attaching plates. Call section 5 again on Monday; they have always been helpful to me.
Whats nice, is when the courts drop the ball (because they dont understand section 5 laws or dont care) Section 5 RMV will hold the person/dealership/repairman accountable.
There is a section somewhat hidden on Massachusetts RMV website. Its a question and answer segment which answers a lot of the questions; plus Shefts motor vehicle law book breaks it down pretty well too. Happy hunting
Side note: If I remember correctly, shop vehicles that use the repair plate regularly are supposed to have a compliance sticker from the registry on the rear windshield.
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