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A Thousand Dollar Piece of Paper - advice appreciated

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FreeAdviceGuest

Junior Member
What is the name of your state (only U.S. law)? MA

First let me thank anyone with ahead of time for their response.

Here's my story...
I bought a old Harley about 2 months ago. I got insurance and registered immediately. I took it for MA inspection and it failed because of a long list of things. The inspection shop said I could drive for 20 days as long as I had the Failed Inspection Report with me. Because of the age of the bike it took a while to get the parts in and then took me a while to get the thing running again, but it was not on the road for some time.

So about 2 weeks ago I got it running and got another inspection and it fails because of one minor thing. I again get a Failed Inspection Report and again the inspection station says I can drive for 20 days as long as I have the paper with me.

It only states on the Inspection Report, "This motorcycle qualifies for a free retest if you repair the failed items and return to this inspection station within 20 days from this date." It does not say that I can continue to drive, but I trust the station that does this all the time.

***If anyone knows for sure if I could have been legally driving in these 20 days it would be appreciated.***

A week after my second Failed Inspection I fix the leak and take the bike out for a test. I am covered in oil with wrenches and rags in my pockets. I get pulled over for not having an inspection sticker. And off course I left the Failed Report AND my Registration at home (I know I'm stupid). I knew what I did was wrong and I apologized multiple times and explain I know I was in the wrong. I was literally 2 blocks from home (which he saw) and told the officer I could walk and get it but he clearly lets me know, "It doesn't work that way!". He was a happy friendly gentleman that I would love to have an opportunity to spend more of my time with.

I am then handed a MA Uniform Citation for a 90-20 "No Inspec. Sticker" $50 and 90-11 "No Reg W Posses" $35. I would gladly pay the fines and go on my way as a great lesson from one of my very friendly and helpful local law enforcement personnel doing such a thorough job on their constituents. But then I learn this is a surchargable moving-violation and my insurance will probably go up $200 a year for 6 years!!! A $1200+ fine for not having a couple pieces of paper in my pocket (all of which was valid and a couple blocks away) seems a bit steep!

I assume I must request a hearing with the magistrate and plead my case, but I know I should have had the papers I am just a dumbass I guess.

***If anyone has any advice on how I should plead my case to the magistrate it would great, what is my defense?***
***Do I get an attorney to go to the magistrate or just go myself, what do I bring, what do I say?***
***If there is anyone else that I can talk with who can dismiss this (the cop, his boss, your uncle?) it would be great***
***How to otherwise avoid the hit to my insurance it would be greatly appreciated.***
***Is this all worth my time or do I just chalk it up to a big thumb up my arse for six years?***

Again any advice appreciated.
 


seniorjudge

Senior Member
What is the name of your state (only U.S. law)? MA

First let me thank anyone with ahead of time for their response.

Here's my story...
I bought a old Harley about 2 months ago. I got insurance and registered immediately. I took it for MA inspection and it failed because of a long list of things. The inspection shop said I could drive for 20 days as long as I had the Failed Inspection Report with me. Because of the age of the bike it took a while to get the parts in and then took me a while to get the thing running again, but it was not on the road for some time.

So about 2 weeks ago I got it running and got another inspection and it fails because of one minor thing. I again get a Failed Inspection Report and again the inspection station says I can drive for 20 days as long as I have the paper with me.

It only states on the Inspection Report, "This motorcycle qualifies for a free retest if you repair the failed items and return to this inspection station within 20 days from this date." It does not say that I can continue to drive, but I trust the station that does this all the time.

***If anyone knows for sure if I could have been legally driving in these 20 days it would be appreciated.***

A week after my second Failed Inspection I fix the leak and take the bike out for a test. I am covered in oil with wrenches and rags in my pockets. I get pulled over for not having an inspection sticker. And off course I left the Failed Report AND my Registration at home (I know I'm stupid). I knew what I did was wrong and I apologized multiple times and explain I know I was in the wrong. I was literally 2 blocks from home (which he saw) and told the officer I could walk and get it but he clearly lets me know, "It doesn't work that way!". He was a happy friendly gentleman that I would love to have an opportunity to spend more of my time with.

I am then handed a MA Uniform Citation for a 90-20 "No Inspec. Sticker" $50 and 90-11 "No Reg W Posses" $35. I would gladly pay the fines and go on my way as a great lesson from one of my very friendly and helpful local law enforcement personnel doing such a thorough job on their constituents. But then I learn this is a surchargable moving-violation and my insurance will probably go up $200 a year for 6 years!!! A $1200+ fine for not having a couple pieces of paper in my pocket (all of which was valid and a couple blocks away) seems a bit steep!

I assume I must request a hearing with the magistrate and plead my case, but I know I should have had the papers I am just a dumbass I guess.

***If anyone has any advice on how I should plead my case to the magistrate it would great, what is my defense?***
***Do I get an attorney to go to the magistrate or just go myself, what do I bring, what do I say?***
***If there is anyone else that I can talk with who can dismiss this (the cop, his boss, your uncle?) it would be great***
***How to otherwise avoid the hit to my insurance it would be greatly appreciated.***
***Is this all worth my time or do I just chalk it up to a big thumb up my arse for six years?***

Again any advice appreciated.
You have no defense. Explain everything to the judge in a nice manner and throw yourself on the mercy of the court.
 

Mass_Shyster

Senior Member
what do I bring
Bring the inspection report showing you were within the 20 days, your registration, showing the bike was registered at the time, and all of your receipts showing that you were, in fact, working on the bike, and not simply riding without an inspection sticker.

If you can, bring another inspection report showing that the bike has since been repaired and inspected.

It may not do any good, but it probably won't hurt.
 

FreeAdviceGuest

Junior Member
Bring the inspection report showing you were within the 20 days, your registration, showing the bike was registered at the time, and all of your receipts showing that you were, in fact, working on the bike, and not simply riding without an inspection sticker.

If you can, bring another inspection report showing that the bike has since been repaired and inspected.

It may not do any good, but it probably won't hurt.
I forgot to mention that yes, I of course got it inspected and it PASSED on the first business day following the incident.

Of course I would bring all of the docs but is this all worth it?
What are the really the chances of having this fixed?
What is my defense?
What do I ask the magistrate for to avoid the insurance hit?
 

FreeAdviceGuest

Junior Member
You have no defense. Explain everything to the judge in a nice manner and throw yourself on the mercy of the court.
Mercy of the court???
Does that really work?
What are my chances here, should I even bother?
What do I ask for a get out-of-jail free card?
Is there something specific I should ask for or say in a case like this?
This is really my first time at this.

BTW: seniorjudge- I love your two tips for success listed in your tagline; I actually have that second one tattooed on my ass.
 

FlyingRon

Senior Member
You really aren't supposed to be driving it in the 20 day window other than to get it fixed/reinspected. If you get the reinspect done (pass), some judges will take pity on you.
 

FreeAdviceGuest

Junior Member
You really aren't supposed to be driving it in the 20 day window other than to get it fixed/reinspected. If you get the reinspect done (pass), some judges will take pity on you.
Thanks FlyingRon for this comment, I know my shop told me very clearly both times I could drive. The first time they even said I could just keep going to different shops every 20 days if I could not get the parts in time (but I didn't need the bike that bad).

Does anyone know where this regulation is listed for MA?
 

Mass_Shyster

Senior Member
Does anyone know where this regulation is listed for MA?
RMV - 540 CMR 4.00

(b) A Certificate of Rejection authorizes the operation of a motor vehicle for a period of 60 calendar days after inspection, provided that all safety related equipment defect(s) have been corrected prior to continued operation. Safety related equipment defects are items of inspection exclusive of emissions inspection items.
Interesting..... The Mass site does not refer to motorcycles. Westlaw (a paid subscription service) does:
3) Certificate of Rejection.

(a) Any motor vehicle submitted for inspection that fails to meet all applicable inspection requirements shall be issued a Certificate of Rejection, in accordance with the Registrar and Commissioner's policy relating thereto.

(b) A Certificate of Rejection authorizes the operation of a motor vehicle for a period of 60 calendar days after inspection, 20 days for motorcycles, provided that all safety related equipment defect(s) have been corrected prior to continued operation. Safety related equipment defects are items of inspection exclusive of emissions inspection items. 7D vehicles must display a current 7D inspection sticker in order to transport pupils.
 
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FreeAdviceGuest

Junior Member
RMV - 540 CMR 4.00



Interesting..... The Mass site does not refer to motorcycles. Westlaw (a paid subscription service) does:

THANKS A LOT Stevef. I found the Mass.gov site, but as you said it was 60 days and cars only. The Westlaw one seems to correspond to what I was told and saw on the inspection failure.

So according to this as long as I had done the repairs (I had and have the sticker just a couple days later to prove it) then I was legal!

I understand I should have been carrying the paperwork but that seems like such a technicality, just a couple blocks away.

He actually encouraged me to take it to court when I asked him about the law? Why would a cop make me go fight this? Doesn't it look bad for them to have this non-sense thrown out? Not to mention why do they intentionally try to piss people off on such a minor technicality if they know it will get thrown out?
 

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