absoluteis

He just sent me this cut and paste in response:

540 CMR 4.04 (2)Inspection of the Vehicle.
All inspections must be performed in accordance with the applicable
provisions of 540 CMR 4.00 and 310 CMR 60.02 by licensed inspectors in
the inspection bay or area approved for inspections by the Registrar.
(a) Inspectors must first collect the proper fee for the inspection.
(b) License plate(s), shall be undamaged, securely mounted, clean and
clearly visible. No
bumper, trailer hitch or other accessory may interfere with a clear view
of the license plates. The license plate must be mounted in the proper
location on the rear of the vehicle if the vehicle has been issued one
plate. Both license plates must be mounted in the proper location on the
rear and front of the vehicle, if the vehicle has been issued two
plates. Any decorative license plate or license plate replica not issued
by the Registry of Motor Vehicles on which any jurisdiction name appears
must be removed from the vehicle.

So ?? You are permitted to drive around with a covered plate slogan but are not permitted to pass inspection? Or does 540 CMR 4.04 have no basis in the General Laws of MA ?

Does it violate my 1st Amendment rights since I don't believe Mass is the spirit of America? .. I believe its Iowa.

How should I reply ?

Boston Driver

...that their response does appear to interpret the law differently than how it is written, and that they appear to be enforcing such non-law through state inspections.

I would ask again how the license plate frames are specifically illegal, as the statute clearly states that there shall be no obstruction of "such number" meaning the registration number, which I would also argue includes the issuing state, and any other special identifier of the registration (such as a Cape and Islands plate image of the lighthouse), but the slogan is NOT part of this equation.

Keep asking.

Grapeking

should respond back and acknowledge having read the rules they sent, but insist that still does not address the original question.

mirth

...they ruled in favor of each person's right to cover it up as long as it didn't obscure other important info on the plate.

Boston Driver

From the "Live Free or Die" Wiki page:

In 1977, the U.S. Supreme Court ruled in the case of Wooley v. Maynard, 430 U.S. 705, that New Hampshire could not prosecute motorists who chose to hide part or all of the motto. That ruling came about because George Maynard, a Jehovah's Witness, cut off "or die" from his plate. He found the phrase offensive because according to his faith, Jehovah's Kingdom offers everlasting life and it would be contrary to that belief to die for an earthly government. He was convicted of breaking a state law against altering license plates.

The U.S. Supreme Court ruled 6-3 in his favor, saying the law required people to "use their private property as a 'mobile billboard' for the State's ideological message," and that the state's interest did not outweigh free speech principles. "We conclude that the State of New Hampshire may not require appellees to display the state motto upon their vehicle license plates."

NoahD

they totally apply if you want to make up some BS ideological argument :-)

Boston Driver

...since that appears to be out of compliance with the statute. Motorists use a <b>state-issued</b> toll transponder mounted on their bumper, (because on some vehicles, windshields block transponder signals) and they would be in violation because the transponder covers the word "Massachusetts" on the license plate.

This is separate from the Spirit of America slogan issue, but nevertheless relevent to the discussion.

absoluteis

Really? Anyone have a link to this ?

absoluteis

Followup email sent to them. I'll post their reply