Jack,

I did some searching on the RMV web-site and it doesn't look like it has been updated yet to address the changes in the law that will come into effect on April 30, 2011. I went on Lexis to get the text of the new laws. (See pertinent sections below). Essentially, the new/amended laws are MGL c. 90 §§2H, 2I and 33(37) and MGL c. 111 §142M. We may have to wait until April 30, 2011 to get a more clear picture of how these new/amended laws will be implemented. (Hopeful Joe will have some insight before then). My guess is that there will be new forms and changes to the inspection software.

For you and I (previously registered '65 Roadsters), it looks to me like we will have to get a new Certificate of Registration that has a "Replica" label affixed to it, new plates (perhaps indicating that it is a "Replica Vehicle"???) and we will obtain an Emissions Waiver Certificate.

If anyone has any more accurate/up-to-date information, please post!!

-Jon A.


NEW LAW

ALM GL ch. 90, § 2H (2010)

§ 2H. Custom Vehicles and Street Rods -- Registration Plates. [Effective Apr 30, 2011.]

(a) For purposes of this section, section 2I and section 33, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Custom vehicle", a motor vehicle for which the year of manufacture is after 1948, for which the model year is at least 25 years old and that has been altered from the manufacturer's original design or has a body constructed, in whole or in part, from non-original materials.

"Model year", the model year indicated on a motor vehicle's certificate of origin or, if there is no such certificate, the model year the body of such vehicle most closely resembles.

"Replica vehicle", a motor vehicle constructed or assembled by a non-manufacturer from new or used parts that, when assembled, replicates an earlier year, make and model vehicle.

"Specially-constructed vehicle", a motor vehicle reconstructed or assembled by a non-manufacturer from new or used parts, the exterior of which does not replicate or resemble any other manufactured vehicle.

"Street rod", a motor vehicle for which the year of manufacture is prior to 1949, and which has been altered from the manufacturer's original design or has a body constructed from non-original materials.

(b) The registrar shall issue certificates of registration and number plates for street rods, replica vehicles, specially-constructed vehicles and custom vehicles in accordance with this section. The registrar may assign an appropriate registration plate to a custom vehicle, replica vehicle, specially-constructed vehicle or street rod based upon the vehicle's intended use and the registration requirements under 540 CMR 2.05.

(c) Street rods, replica vehicles, specially-constructed vehicles and custom vehicles shall not be considered antique motor cars and shall not be eligible for registration pursuant to section 6A.

(d) Replica vehicles shall be titled as the year in which the vehicle was built and the make, model and year of the vehicle that is intended to be replicated. A label of "Replica" shall be applied to the title and registration card. Custom vehicles and street rods shall be titled as the year in which the vehicle was built and an appropriate description of the vehicle including make, model and model year; provided, however, that the manufacturer's name shall continue to be used as the make with a label of "street rod" or "custom vehicle" applied to the title and registration card. Specially-constructed vehicles shall be titled and registered showing the make as "specially constructed" and the year the vehicle was built shall be the vehicle model year.



ALM GL ch. 90, § 2I (2010)

§ 2I. Custom Vehicles and Street Rods -- Stolen Parts, VIN, Safety Equipment. [Effective Apr 30, 2011.]

(a) The registrar, prior to the initial registration of a custom vehicle, replica vehicle, specially-constructed vehicle or street rod, may require such vehicle to undergo a salvage-type inspection at a facility to be determined by the registrar to ensure that stolen parts have not been included in the vehicle.

(b) The registrar, prior to the initial registration of a custom vehicle, replica vehicle, specially-constructed vehicle or street rod, may require such vehicle to obtain a state-assigned vehicle identification number, unless the registrar is satisfied that there is a clearly visible state-assigned vehicle identification number that was previously assigned by the commonwealth or another state.

(c) The registrar may refuse to register or may revoke the registration of a custom vehicle, replica vehicle, specially constructed vehicle or street rod, originally built by its manufacturer as a model year 1966 or later vehicle, unless such vehicle is equipped with operable safety belts for all passenger positions.

(d) The registrar may refuse to register or may revoke the registration of a custom vehicle, replica vehicle, specially constructed vehicle or street rod if the registrar determines that the original manufacturer had installed an air bag or air bags in the vehicle and the current version of the vehicle does not contain such air bag or air bags.

Acts 2010, 311, § 1, effective Apr 30, 2010, enacted this section. Section 4 provides:

Section 4. This act shall take effect on April 30, 2011.



ALM GL ch. 90, § 33 (2010)

§ 33. Fees.

The registrar or his authorized agents shall collect the fees established herein or if not so established herein, promulgated annually by the commissioner of administration under the provision of section 3B of chapter 7, for the following:--

<<<< SECTIONS 1 - 36 OMITTED>>>>>

[Effective Apr 30, 2011.]

(37) For the registration of every street rod, replica vehicle, specially constructed vehicle or custom vehicle, as defined in section 2H consistent with the vehicle's intended use and the requirements of 540 CMR 2.05.



ALM GL ch. 111, § 142M (2010)

§ 142M. Definitions; Motor Vehicle Emissions Inspections; Facilities; Rules and Regulations; Training and Certification Requirements; Licensing; Standards; Public Information and Consumer Protection; Quality Control Program; Enforcement of Provisions.

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:


"Emissions waiver certificate", a written statement, instrument or device indicating that the requirement of compliance with the emissions standards and criteria for the emissions component of the motor vehicle inspection program has been waived for a particular motor vehicle.


[Effective Apr 30, 2011.]


Street rods and custom vehicles, as defined and registered pursuant to section 2H of chapter 90, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles, as defined and registered pursuant to said section 2H of said chapter 90, and registered on or before April 30, 2012, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles, as so defined, registered after April 30, 2012 shall be subject to emission control requirements based on the model year and configuration of the engine installed in the specially constructed or replica vehicle, whether the engine is an original equipment manufacturer's production engine, rebuilt engine or crate engine. Regulations relative to emissions compliance for replica or specially constructed vehicles registered after April 30, 2012 may establish maximum limits on the annual number of vehicle miles traveled by these vehicles; provided, however, that any such limit set, shall not be set at less than 3,000 miles per year. If the model year of the engine installed in the specially constructed or replica vehicle requires an onboard diagnostic system, the vehicle shall be subject to an onboard diagnostic system emissions test applicable to the certified configuration, including any exclusions or exemptions otherwise granted to that certified configuration.


The 2010 amendment, effective Apr 30, 2011, added the fourth paragraph in (b). Section 4 provides:

Section 4. This act shall take effect on April 30, 2011.