Massachusetts General Laws ch. 90 sec. 34H – Revocation of registration of motor vehicle upon notice of cancellation of motor vehicle liability policy or bond; notice to owner; new certificate
Section 34H. In the event that the registrar receives notice in a form he may prescribe, in conformity with section one hundred and thirteen A of chapter one hundred and seventy-five, he shall revoke the registration of such motor vehicle on the effective date of the cancellation as specified in such notice unless not later than two days prior to such effective date the registrar shall have received a new certificate covering the same motor vehicle, or in case the owner does not file a complaint under section one hundred and thirteen D of said chapter one hundred and seventy-five that he is aggrieved by the issue of such notice, or as specified in an order of the board of appeal on motor vehicle liability policies and bonds affirming such cancellation under said section one hundred and thirteen D in case the owner does not claim an appeal from such order, or as specified in a decree of the superior court or a justice thereof affirming such cancellation on such appeal, or as specified in such a decree ordering a cancellation of such a policy or bond after its reinstatement by said board of appeal, unless not later than two days prior to such effective date as finally specified the registrar shall have received a new certificate covering the same motor vehicle.
Terms Used In Massachusetts General Laws ch. 90 sec. 34H
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
The registrar shall forthwith upon receipt of a notice under section thirty-four F of the failure of the owner of a motor vehicle to maintain a deposit send written notice to the owner of the motor vehicle covered by such deposit that the registration thereof will be revoked, unless within five days after the sending of said notice he shall file with the registrar a new certificate.
The registrar shall forthwith upon receipt of a notice under section one hundred and thirteen C of said chapter one hundred and seventy-five of the cessation of the authority of an insurance or surety company to issue or execute motor vehicle liability policies or bonds in the commonwealth, upon the written request of the commissioner of insurance, send written notice to every owner of a motor vehicle covered by a motor vehicle liability policy or bond issued or executed by such a company that the registration thereof will be revoked unless within five days after the sending of said notice he shall file with the registrar a new certificate; provided, that if the authority of such a company to issue or execute motor vehicle liability policies or bonds in the commonwealth ceases by reason of its merger or consolidation with another company so authorized, and it is proved to the satisfaction of the commissioner of insurance that the new or continuing company has assumed all the obligations and liabilities of such company under any and all such policies and bonds issued by it, such notice of the registrar will not be required with respect to policies or bonds so issued previous to the date of merger or consolidation.
Upon failure of the owner of a motor vehicle to file a new certificate as required by this section, the registrar shall immediately revoke the registration thereof; provided, that if a new certificate as aforesaid is filed prior to the final effective date of the cancellation of the existing policy or bond, he may in his discretion rescind such revocation.
The registrar shall, upon receipt of an attested copy of a finding and order of said board of appeal, or of a decree of the superior court or a justice thereof, ordering the reinstatement of a motor vehicle liability policy or bond, forthwith rescind the revocation of the registration of the motor vehicle covered thereby.
Any notice required by this section to be given by the registrar shall be deemed sufficient if mailed by the registrar, or any person authorized by him to send such notice, postage prepaid, to the address given on the application for registration, and an affidavit of the registrar or such person that such notice has been mailed as aforesaid shall be prima facie evidence thereof.