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Misuse of a repair plate

11K views 5 replies 4 participants last post by  quality617 
#1 ·
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.
 
#2 ·
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.
 
#3 ·
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
 
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