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Massachusetts Vehicle Check - Mass08 Management Module ...

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310 CMR 60.02: AIR POLLUTION CONTROL FOR MOBILE SOURCES<br />

(22) Repair Technician Registration effective beginning October 1, 2008.<br />

This subsection is effective beginning October 1, 2008.<br />

(a) To become a registered repair technician, an applicant shall complete any Department-required repair<br />

technician training, and meet at least one of the following requirements:<br />

1. be ASE L-1 certified;<br />

2. have equivalent certification from a motor vehicle or engine manufacturer, as determined by the<br />

Department or its designee (registered repair technicians qualifying under this provision would be<br />

registered repair technicians only for the motor vehicle or engine manufacturer’s vehicles to which the<br />

equivalent certification applies), and be employed by a dealership for that manufacturer or by a repair<br />

facility recognized or authorized by the engine manufacturer; or<br />

3. have equivalent certification from another certification organization, as determined by the Department<br />

or its designee.<br />

(b) To become a registered repair technician, specializing in the repair of diesel vehicles, an applicant shall<br />

complete the Department-approved repair technician training module and meet at least one of the following<br />

requirements:<br />

1. be ASE L-2 certified; or<br />

2. have equivalent certification from a motor vehicle or engine manufacturer, as determined by the<br />

Department or its designee (registered repair technicians qualifying under this provision would be<br />

registered repair technicians only for the motor vehicle or engine manufacturer’s vehicles to which the<br />

equivalent certification applies), and be employed by a dealership for that manufacturer or by a repair<br />

facility recognized or authorized by the engine manufacturer; or<br />

3. have equivalent certification from another certification organization, as determined by the Department<br />

or its designee.<br />

(c) The Department may remove a registered repair technician’s registration if:<br />

1. any requirement for qualification as a registered repairer is not met or maintained;<br />

2. the registered repair technician provides false documentation to the Department or its designee, the<br />

Registry, or a motorist, of repairs performed on a vehicle;<br />

3. the registered repair technician provides false documentation to the Department or its designee, the<br />

Registry, or the motorist, of the cost of repairs performed on a vehicle; or<br />

4. the Department, the Registry, or any state or federal agency or court of competent jurisdiction<br />

determines that the registered repairer has performed or been a party to fraudulent or deceptive<br />

business practices, including, but not limited to: charging motorists for repairs not performed; or,<br />

recommending or performing repairs unrelated to the cause of an emissions inspection failure and<br />

representing those repairs as related to the cause of an emissions inspection failure, or has violated any<br />

laws, rules, regulations, or other requirements or orders related to the protection of the environment.<br />

(d) Any automotive repair facility listed by the Department as employing a registered repair technician may be<br />

removed from the Department’s list of such automotive repair facilities if:<br />

1. the listed automotive repair facility no longer employs a registered repair technician.<br />

2. the listed automotive repair facility provides false documentation to the Department or its designee, the<br />

Registry, or a motorist of repairs performed on a vehicle;<br />

3. the listed automotive repair facility provides false documentation to the Department or its designee, the<br />

Registry, or the motorist of the cost of repairs performed on a vehicle; or<br />

4. the Department, the Registry, or any state or federal agency or court of competent jurisdiction<br />

determines that any owner, operator, or employee of the listed automotive repair facility, while in the<br />

exercise of his or her responsibilities or duties related to the automotive repair facility, has performed<br />

or been a party to fraudulent or deceptive business practices, including, but not limited to, charging<br />

motorists for repairs not performed, recommending or performing repairs unrelated to the cause of an<br />

emissions inspection failure and representing those repairs as related to the cause of an emissions<br />

310 CMR 60.02 Draft<br />

Page 20 of 21

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