Section 2 - Registration of Motor Vehicles and Trailers; Applications; Reciprocal State Agreements; Transfer of Ownership; Plates; Fraud or Misrepresentation; Penalties; License Plate Retention Program for Deployed Residents

MA Gen L ch 90 § 2 (2019) (N/A)
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Section 2. Applications for the registration or renewal of registration of motor vehicles and trailers shall be made by the owner thereof; provided, however, that the registrar may accept applications for registration or renewal of registration from, and furnish registration documents directly to, the lessee of a motor vehicle or trailer if the registrar is satisfied of the existence of the lease in the name of the applicant. The registration shall identify the name and address of the lessor as the owner of the motor vehicle or trailer and the name and residential address of the lessee as registrant and such registration shall be mailed directly to the lessee and notice thereof or a copy of the registration shall be mailed to the lessor-owner; provided, however, that providing such registration documents directly to the lessee shall not extinguish a lessor's ownership interest in the motor vehicle or trailer. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and an employer identification number or federal tax identification number from the Internal Revenue Service, if any such number has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment or unit number if the applicant's address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless the person holds a license, an identification card issued under section 8E, a social security number issued by the United States Social Security Administration or proof of lawful presence in the United States; provided, however, that the registrar shall provide by regulation for certain exemptions from these registration requirements, as applicable, for nonresident, out-of-state students, certain military personnel, senior citizens and disabled persons; and provided further, that the registrar may provide additional exemptions by regulations which shall be consistent with this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, any number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise liabilities on the motor vehicle are outstanding and incurred by the applicant, a member of the applicant's immediate family who is a member of the applicant's household or any business partner of the applicant. The registration fee, as required under section 33, shall accompany the application. Applicants for registration shall also comply with chapter 90D.

The registrar or the registrar's duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, and shall assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.

Notwithstanding any other provisions of law, the registrar is hereby authorized to enter into reciprocal agreements on behalf of the commonwealth with the duly authorized representatives of any state of the United States, the District of Columbia or a state or a province of a foreign country, providing for the registration of vehicles on an apportionment or allocation basis. In exercising the authority granted herein, the registrar is expressly authorized to enter into and to become a member of the International Registration Plan, or such other designation that may, from time to time, be given to such a plan. The registrar is further authorized to promulgate and to enforce such rules and regulations as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under authority herein set forth. If the registrar enters into the International Registration Plan or into any other agreement under the authority herein set forth, and if the provisions set forth in said International Registration Plan or other agreements are different from provisions prescribed by law or any rules or regulations promulgated by the registrar pursuant to the authority granted hereunder to the registrar, then the agreement provisions shall prevail. The provisions set forth in this paragraph shall constitute complete authority for the registration of motor vehicles, including the registration of fleet vehicles, within the International Registration Plan, upon an apportionment or allocation basis without reference to or application of any other law in the commonwealth.

Upon the transfer of ownership of any motor vehicle or trailer its registration shall expire, and the person in whose name such motor vehicle or trailer is registered shall forthwith return the certificate of registration to the registrar with a written notice containing the date of the transfer of ownership and the name, place of residence and address of the new owner; provided, that, on the death, insolvency or bankruptcy of any owner of a motor vehicle or trailer, its registration shall be deemed to continue in force as a valid registration until the expiration date appearing on the certificate of registration or until the ownership of such motor vehicle or trailer is transferred by the legal representative of the estate of such owner, whichever occurs first, subject otherwise to all provisions of law applicable generally to registrations of motor vehicles or trailers; and provided, further, that if the owner of a motor vehicle or trailer for which a certificate of registration has been issued dies prior to the effective date appearing on the certificate of registration, such motor vehicle or trailer shall be deemed to be validly registered and said registration shall continue in force until the expiration date appearing on the certificate of registration, or until the ownership of such vehicle or trailer is transferred by the legal representative of the estate of such owner, whichever occurs first, subject, however, to all provisions of law applicable generally to registrations of motor vehicles or trailers.

A person who transfers the ownership of a registered motor vehicle or trailer owned by him to another or loses possession thereof or desires to transfer the registration from one motor vehicle or trailer owned by him to another motor vehicle or trailer owned by him, upon the filing of a new application and upon payment of the proper substitution fee provided in section thirty-three, may have registered in his name for the period of time remaining before the expiration date appearing on the certificate of registration another motor vehicle or trailer; provided that if the fee provided for registration of the vehicle sought to be registered is more than the fee for registration of the vehicle transferred as aforesaid, the applicant shall pay, in addition to the substitution fee, the difference between said fees for registration. A person who has attained 18 years of age and who transfers the ownership of a registered motor vehicle or trailer owned by him to another or who loses possession thereof and who intends to transfer the registration of such motor vehicle or trailer to a newly acquired new motor vehicle or newly acquired used motor vehicle of the same type and having the same number of wheels may, subject to other provisions of this chapter, operate such newly acquired new motor vehicle or trailer or newly acquired used motor vehicle or trailer for a period beginning from the date of transfer until five o'clock post meridian of the seventh calendar day following the date of transfer within the period for which the transferred vehicle was registered; provided, however, that the number plates issued upon registration of the transferred motor vehicle or trailer shall be attached to the newly acquired vehicle. During such period any operator of the newly acquired vehicle shall carry an original copy of the bill of sale reciting the registration number to be transferred from the former vehicle to the newly acquired vehicle or the certificate of transfer issued by the dealer on a form approved by the registrar in place of the certificate of registration.

A person who, before the first day of the seventh month next following the effective date appearing on the certificate of registration, for any reason other than suspension or revocation surrenders his number plates and registration certificate and does not apply for registration of another vehicle but who, on or before the first day of the month next following which date shall be at least one month prior to the expiration date appearing on said certificate of registration, files in the office of the registrar a written application for a rebate shall be entitled to a rebate of one half the fee paid in excess of fifteen dollars for the registration of a vehicle of which the plates and registration certificate have been surrendered as aforesaid; provided, that no such rebate shall be paid except upon a certificate, filed with the comptroller, setting forth the facts, and signed by the registrar or his authorized agent; and provided, also, that the rebate shall be paid out of the fees received for the registration of motor vehicles and trailers without specific appropriation. The registrar, at his discretion, may assign to the vehicle of any person who surrenders his registration certificate as herein provided, and who desires to register another vehicle, the register number of the vehicle described in the surrendered certificate.

The registrar shall furnish, without charge, to every person whose motor vehicle is registered under this chapter, two number plates of suitable design, and to every person whose trailer is so registered, one such number plate, having displayed thereon the register number assigned to that vehicle; provided, that number plates assigned to ambulances, fire engines and apparatus, police patrol wagons and other vehicles used by the police department of any city or town or park board or by the sheriff's office of any county, solely for the official business of such department, board or office, and pleasure passenger vehicles owned by veterans who, according to the records of the United States Veterans' Administration, has been determined to have a service-connected disability rating of 60 per cent or greater and by reason of service in the armed forces of the United States have suffered loss or permanent loss of use of one or both feet; or loss or permanent loss of use of one or both hands; or permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye, or any other disability or handicap of such veterans which may be determined by the medical advisory board as established by section eight C, and to vehicles registered by any member of a foreign diplomatic corps or by any foreign consular officer who is not a citizen of the United States may be of a distinctive type or types. The registrar may, upon payment of the registration fee as required in section thirty-three, furnish at his office such distinctive plates to duly appointed foreign diplomatic representatives or foreign consular officers who are citizens of the United States. The registrar of motor vehicles may issue, without charge, to former prisoners of war, defined as any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured and incarcerated by an enemy of the United States during an armed conflict, upon presentation of satisfactory evidence of such prisoner of war status, as determined by the registrar, distinctive registration plates for one pleasure passenger vehicle owned and principally used by said individual or a distinctive emblem to be affixed to a ''VETERAN'' registration plate for a motorcycle owned and principally used by such individual; provided, however, that the surviving spouse of a deceased prisoner of war may elect to retain a distinctive registration plate or emblem for personal use until such time as such spouse remarries or fails to renew or cancels such registration. The registrar may issue, without charge, to a member of the Legion of Valor of the United States of America, Inc., upon presentation of satisfactory evidence of such membership as determined by the registrar, distinctive registration plates for one private passenger motor vehicle owned and principally used by such member or a distinctive emblem to be affixed to a ''VETERAN'' registration plate for a motorcycle owned and principally used by such individual; provided, however, that the surviving spouse of a deceased member of said Legion of Valor of the United States of America, Inc. may elect to retain such distinctive registration plates or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual twenty dollar fee for personal use until such time as such spouse remarries or fails to renew or cancels such registration. The registrar may also, upon payment of the fee required in section thirty-three, furnish to owners of private passenger motor vehicles special number plates of distinctive types, to be known as distinctive initial plates, which may contain a register number consisting of a group of letters or a combination of numbers and letters; provided, however, that such group or combination shall not consist of more than six letters or numbers or combination thereof; and provided further, that there shall be no duplication of identification. The registrar may determine such standards and qualifications for the issuance of said plates as he deems proper. Any number plate furnished under this chapter shall, except in case the registrar for any valid reason extends the time, be valid only until the expiration date appearing on the certificate of registration. If the registrar extends the time he may make rules and regulations requiring the display of visible evidence upon every motor vehicle that it has been registered and that the plates in use thereon are valid. Any plate becoming illegible because of construction defects shall be replaced by the registrar without cost. All number plates issued by the registrar of motor vehicles under this chapter shall be reflectorized in accordance with specifications prescribed by him.

The registrar may furnish plates displaying the ''International Symbol of Access'' for a pleasure passenger vehicle or a pick-up truck used exclusively for noncommercial purposes, owned or leased by and used by a blind person or a person who has suffered the loss or permanent loss of use of one or both feet, or of one or both hands, the registrar may furnish plates displaying the ''International Symbol of Access'' and the words ''Disabled Veteran'' for a pleasure passenger vehicle or a pick-up truck owned or leased by and used by a veteran who, according to the records of the United States Veterans' Administration, by reason of service in the armed forces of the United States has suffered loss or permanent loss of use of one or both feet; or loss or permanent loss of use of one or both hands; or permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater that 20 degrees in the better eye, or any other disability or handicap and the registrar may furnish emblems displaying the ''International Symbol of Access'' to be affixed to motorcycle registration plates in a location to be determined by the registrar; provided, however, that the medical advisory board established by section 8C may determine such other standards of disability and handicap and of qualification for the issuance of such plates or emblems as the board deems proper; and provided, further, that this sentence shall not apply to motorized bicycles. The registrar shall make available to the owners of private passenger motor vehicles registered in the counties of Barnstable, Dukes, or Nantucket, distinctive number plates which shall display on the face of said plate a design representing the Cape and Islands. Such design shall be selected through a contest to be judged by the Barnstable county commissioners or their designees, and one county commissioner from each of the counties of Nantucket and Dukes. Before selecting a contest winner, said judges shall consult with the registrar of motor vehicles or his designee. There shall be a twenty-five dollar fee for said plate in addition to the established registration fee for passenger motor vehicles. Within 30 days after receipt of such fee, the portion of the fee remaining after the deduction of costs directly attributable to issuing such plate shall be transferred, in amounts proportional to the number of vehicles registered in each county, to the county commissioners of Dukes and Nantucket counties and, in the case of Barnstable county, 40 per cent to the Barnstable county commissioners, 40 per cent to the Cape Cod Economic Development Council, Inc. or its successor and 20 per cent to the Lower Cape Community Development Corporation; provided, however, that all amounts so transferred shall be used to promote tourism and economic development; provided, further, that twice annually the Lower Cape Community Development Corporation shall furnish to the Barnstable county commissioners a full accounting of the expenditures of such funds; and provided further, that the Cape Cod Economic Development Council, Inc. or its successor shall report twice annually to the department of economic development on the nature of all activities taken within the preceding six months and anticipated activities in the subsequent six months including, but not limited to, a list of all programs offered and attendance at such programs, a description of any travel and tourism initiatives and any other documents or information requested by said department and shall file annually with said department and the state auditor a certified financial audit which shall be so certified by a certified public accountant. The department of economic development may suspend, by written notice to the registrar, the transfer of funds to the Cape Cod Economic Development Council, Inc. or its successor upon a determination by said department that said Council has incurred questionable costs or has engaged in an inappropriate use of funds, until such time as the matters are resolved to the satisfaction of said department. The registrar may issue plates displaying the ''International Symbol of Access'' for a motor vehicle owned or leased by and used by, any organization or institution or the commonwealth or its political subdivisions for the transportation of handicapped persons when the registrar determines that such organization or institution or agency or municipality substantially and regularly provides care and transportation to handicapped persons, and prominently displays the name of the organization or institution or agency or municipality on said vehicle; provided, however, that such vehicles shall include those purchased with grants and loans from the federal government for the purpose of providing transportation to meet the special needs of the elderly and the handicapped; and provided further, that the registrar may, at the registrar's discretion, waive the requirement that an agency of the commonwealth prominently display the name of the agency on any such vehicle. Nothing in this paragraph shall permit an employee of an agency or political subdivision of the commonwealth or of an organization or institution to park such a vehicle in a designated handicapped parking space when not transporting a handicapped person.

The registrar may also furnish a special parking identification placard bearing the designation ''International Symbol of Access'' to any person who meets the eligibility requirements for handicapped plates prescribed herein. The placard shall be of such size and design as the registrar shall require and shall be numbered and contain such identifying features and specifications as the registrar shall deem appropriate. The registrar may also issue a separate identification card identifying the person to whom such placard is issued as the authorized user thereof which shall be carried by the authorized user while the placard is in use. A placard may be used while a vehicle is parked in a designated handicapped space from which the authorized user is entering or exiting, including immediate drop off or pick up. For the purposes of this section, ''immediate'' shall mean within ten minutes. Only a vehicle bearing private passenger registration or a private passenger vehicle bearing a commercial registration or a vehicle designed and used for the transportation of handicapped persons may be used in conjunction with a placard. When used by the authorized user, the placard shall be displayed so as to be readily visible through the windshield of the vehicle and in accordance with instructions provided by the registrar from time to time. Obstruction of the placard number or expiration date, including the failure to display the placard in a way that makes the placard number or expiration date readily visible through the windshield or the failure to follow instructions printed on the placard, shall be punished by a fine of $50. Upon application and for good cause shown by the applicant, the registrar may issue to any person both a plate displaying the ''International Symbol of Access'' and a placard described in this section. The registrar may require documents or information from an applicant to verify information contained in an application for a handicapped plate or placard and may refuse to process the application until such documentation or information is provided to the registrar by the applicant. Any person who wrongfully displays a handicapped plate on or a placard in a motor vehicle parked in a designated handicapped parking space or in a regular metered space or in a commercial parking space, including the use or display of a handicapped plate or placard belonging to a deceased person, shall be subject to a fine of $500 for a first offense and $1,000 for a second or subsequent offense. The registrar shall suspend the operator's license or right to operate of any person found to have violated the provisions of this section relative to the wrongful use or display of a special handicapped plate or parking identification placard for a period of 60 days for a first offense, for a period of 120 days for a second offense and for a period of one year for a third or subsequent offense. Such suspension shall be in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed for such violation including, but not limited to, those applicable under section 37E of chapter 266. The registrar may revoke the plate or placard as issued to a person upon a finding that the person to whom the plate or placard was issued willingly and without coercion or duress authorized, permitted or allowed it to be used by another person. The registrar may investigate allegations that an individual has falsely obtained a handicapped plate or placard or is using a handicapped plate or placard without meeting eligibility requirements. Upon a finding of ineligibility or that a handicapped plate or placard was falsely obtained, the registrar may, in addition to any other penalties authorized by this chapter, revoke the handicapped plate or placard. An application for a handicapped plate or placard or a report of a lost or stolen handicapped plate or placard shall be made under the penalties of perjury. A person who intentionally makes a false statement related to their eligibility in an application for a handicapped plate or placard, including for the renewal of a handicapped plate or placard or when reporting a handicapped plate or placard lost or stolen, shall be subject to a fine of $500 for a first offense and $1,000 for a second or subsequent offense. The registrar shall require the return of a handicapped plate or placard that has been revoked or canceled. Whoever fails to return a handicapped plate or placard that has been revoked or canceled shall be subject to a fine of $100. Nothing in this section shall be construed to extend the posted time available for parking in a space designated as commercial or to modify the provisions related to the use of a space designated as commercial other than as is specifically stated in this section. A penalty under this paragraph shall not be a surchargeable offense under section 113B of chapter 175.

If the registrar shall determine at any time that, for any reason, a motor vehicle or trailer is unsafe or improperly equipped or otherwise unfit to be operated, he may refuse to register such motor vehicle or trailer or, if it is already registered, may suspend or revoke its registration. The registration of every motor vehicle and trailer registered under this chapter, except those motor vehicles and trailers owned by the commonwealth or any political subdivision thereof that are exempt from the payment of fees provided for by section thirty-three, shall expire at midnight of the expiration date appearing on said certificate of registration as determined by the registrar. In no event shall a registration be valid for less than a period of twelve months.

The registrar shall furnish at his office at no less than cost to members of the council, senate and house of representatives and to constitutional officers, plates bearing facsimiles of the seal of the commonwealth suitable for attachment to a motor vehicle owned solely or in part by those members and officers and registered under this chapter. Whoever, except the members and officers aforesaid, displays or has attached to his motor vehicle while operating on the highways of the commonwealth such a plate issued by the registrar shall be punished by a fine not exceeding twenty-five dollars.

The registrar shall furnish, at no cost to residents of the commonwealth who have been awarded the Congressional Medal of Honor, distinctive registration plates bearing up to three letters designating the recipient's initials followed by the letters CMH signifying the Congressional Medal of Honor suitable for attachment to a motor vehicle owned and principally used by such recipient or a distinctive emblem to be affixed to a ''VETERAN'' registration plate for a motorcycle owned and principally used by such recipient; provided, however, that the surviving spouse of a deceased Congressional Medal of Honor recipient may elect to retain such distinctive registration plates or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual twenty dollar fee until such time as such spouse remarries or fails to renew or cancels such registration.

The registrar may issue without an additional registration fee, distinctive license plates for vehicles used for the transportation of school pupils in accordance with the provisions of section seven D.

The registrar shall not register any motor vehicle which does not comply with the provisions of section one hundred and forty-two K of chapter one hundred and eleven and any regulations promulgated thereunder, or qualify as an exemption under subsection (b) of said section one hundred and forty-two K. Upon a determination that a motor vehicle is exempt under said section one hundred and forty-two K, it shall forever be exempt and the exemption shall be noted on the title of such vehicle. Said registrar shall not register any motor vehicle which has not complied with any emission system related recall. The registrar shall not issue a registration, or if said registration has already been issued, shall suspend or not renew the registration of any motor vehicle which does not comply with the provisions of sections one hundred and forty-two J and one hundred and forty-two M of chapter one hundred and eleven or any regulation promulgated thereunder. Whoever, through fraud or misrepresentation, procures or attempts to procure the registration of a motor vehicle in violation of the provisions of this paragraph, shall be subject to a fine of not more than twenty-five thousand dollars or by imprisonment for not more than one year or both such fine and imprisonment, and shall be subject to a civil penalty of not more than twenty-five thousand dollars for each such violation. Said penalties shall be in addition to any other penalties provided for any violation hereunder. The civil penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction.

The registrar shall furnish, upon application, to owners of private passenger motor vehicles and motorcycles who are veterans, as defined in clause Forty-third of section 7 of chapter 4 and upon presentation of evidence deemed satisfactory by the registrar, distinctive registration plates bearing on the left side the word ''VETERAN''. These plates shall also include a distinctive emblem or decal for those individuals who have been awarded the Iraqi Freedom Campaign Ribbon or who served in Operation Enduring Freedom. There shall be an annual $20 fee for such ''VETERAN'' plates in addition to the established registration fee for private passenger motor vehicles and motorcycles. For the purposes of this paragraph, the word ''motorcycles'' shall not include motorized bicycles.

The registrar shall furnish without charge to owners of private passenger motor vehicles who are veterans as defined in said clause Forty-third of said section seven of said chapter four who have been awarded the Order of the Purple Heart and upon evidence deemed satisfactory by the registrar, distinctive registration plates bearing the words, ''ORDER OF THE PURPLE HEART RECIPIENT'' and the words ''COMBAT WOUNDED'' for one private passenger motor vehicle owned and principally used by such Purple Heart recipient or a distinctive emblem to be affixed to a ''VETERAN'' registration plate for a motorcycle owned and principally used by such recipient; provided, however, that the surviving spouse of a deceased recipient of the Purple Heart may elect to retain such distinctive registration plates or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual twenty dollar fee until such time as such spouse remarries or fails to renew or cancels such registration.

The registrar shall furnish without charge to owners of private passenger motor vehicles who are survivors of the attack on Pearl Harbor, upon presentation of satisfactory evidence of such status as determined by the registrar, distinctive registration plates for one private passenger motor vehicle owned and principally used by such survivor or a distinctive emblem to be affixed to a ''VETERAN'' registration plate for a motorcycle owned and principally used by such survivor; provided, however, that the surviving spouse of a deceased survivor may elect to retain such distinctive registration plates or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual twenty dollar fee until such time as such spouse remarries or fails to renew or cancels such registration.

The registrar shall furnish, at the request of an owner of a motorcycle or a motor vehicle who has been issued ''VETERAN'' plates pursuant to this section, a distinctive emblem to be affixed to such plates which identifies the branch of the armed services in which such owner served, the receipt of the Silver star, Bronze Star or Distinguished Flying Cross by such owner or the wartime service in which such owner served as defined in clause Forty-third of section seven of chapter four. The registrar may charge a fee directly attributable to the cost of issuance of such emblem, provided, however, that the registrar shall furnish without charge to owners of private passenger motor vehicles and motorcycles who received the Silver star, Bronze star or Distinguished Flying Cross a ''VETERAN'' plate and an emblem representing the awarding of said Silver star, Bronze star or Distinguished Flying Cross for one private passenger motor vehicle or motorcycle owned and principally used by such recipient. The surviving spouse of a deceased recipient may elect to retain the distinctive registration plate and distinctive emblem for personal use upon payment of the established registration fee and an additional $20 fee until such time as the spouse remarries or fails to renew or cancels the registration.

The registrar shall furnish, at the request of owners of private passenger motor vehicles and motorcycles, who are residents of the commonwealth and serving in active duty, a distinctive emblem to be affixed to the registration plate that identifies the branch of the armed services in which the owner serves. The registrar may charge a fee directly attributable to the cost of issuance of that emblem; provided, however, that this fee shall not exceed $35. Any member of the armed forces who is dishonorably discharged shall return such plates to the registrar not later than 30 days after that discharge. The registrar shall not renew the license plate of a dishonorably discharged armed forces member until confirming that the distinctive emblem is not affixed to the plate. For the purposes of this section ''active duty'' shall mean full-time duty in active military service of the army, navy, marine corps, coast guard or air force of the United States, but shall not include active duty being served for the purpose of training as a reservist in the army national guard or air national guard.

The registrar shall furnish, without charge, to owners of private passenger motor vehicles and motorcycles who have been awarded the Silver Star, the Bronze Star, the Distinguished Flying Cross or the Purple Heart distinctive registration plates with an emblem representing the award received for either 1 private passenger motor vehicle or a motorcycle owned and principally used by such recipient upon presentation by an applicant of satisfactory evidence, as determined by the registrar, of receipt of such award and that the applicant, on the date of such application, is currently on active service in the armed forces of the United States. The surviving spouse of a deceased recipient may elect to retain such distinctive registration plates and emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual $20 fee until such time as the spouse remarries or fails to renew or cancels the registration.

The registrar shall furnish without charge to the owner of a private passenger motor vehicle or to the registrant of a motor vehicle that is owned by a partnership, trust or corporation if the motor vehicle otherwise meets the criteria of a private passenger vehicle and there is no distinctive promotional or advertisement marking visible on the motor vehicle who is a Gold Star parent, child, sibling, grandchild or spouse of a member of the military, upon presentation of satisfactory evidence of such status as determined by the registrar, a distinctive registration plate that reads ''Gold Star Family'' for 1 private passenger motor vehicle owned and principally used by that person or for 1 motor vehicle that is owned by a partnership, trust or corporation if the motor vehicle otherwise meets the criteria of a private passenger vehicle, there is no distinctive promotional or advertisement marking visible on the motor vehicle and the motor vehicle is principally used by that person or a distinctive ''Gold Star Family'' emblem to be affixed to a registration plate for a motorcycle privately owned and principally used by that person. The registrar may issue a distinctive ''Gold Star Family'' registration of up to 6 characters for 1 private passenger motor vehicle owned and principally used by that person or for 1 motor vehicle that is owned by a partnership, trust or corporation if the motor vehicle otherwise meets the criteria of a private passenger vehicle, there is no distinctive promotional or advertisement marking visible on the motor vehicle and the motor vehicle is principally used by that person. A Gold Star parent, child, sibling, grandchild or spouse of a member of the military that was killed in action or otherwise died as a result of immediate injuries sustained from such action may have a ''KIA'' designation on the ''Gold Star Family'' emblem affixed to a registration plate for a private passenger motor vehicle or a motor vehicle that is owned by a partnership, trust or corporation if the motor vehicle otherwise meets the criteria of a private passenger vehicle and there is no distinctive promotional or advertisement marking visible on the motor vehicle or motorcycle privately owned and principally used by that person. The registrar shall furnish at no additional cost a ''KIA'' designation on any previously issued ''Gold Star Family'' registration plate for an individual who meets the requirements of this section.

The registrar shall recognize the eligibility of the next of kin of a member of the military, in possession of a Gold Star Lapel Button under regulations prescribed by the United States Secretary of Defense to obtain a ''Gold Star Family'' registration plate. Possession of a Gold Star Lapel Button and a letter of approval, each of which has been issued by the United States Department of Defense, shall be sufficient proof of eligibility for the registrar to furnish a Gold Star Family registration plate. The possession of a Gold Star Lapel Button shall not be a requirement of eligibility for persons who have otherwise presented satisfactory evidence of Gold Star family member status as determined by the registrar.

The registrar is hereby authorized and directed to conduct a lottery of any unissued or returned registration plates of not more than four characters which shall be issued to the winners of such lottery at no extra charge. A resident of the commonwealth who is the registered owner of a private passenger motor vehicle registered in the commonwealth may participate in such lottery which shall be held once in each calendar year prior to September fifteenth. The registrar shall promulgate rules and regulations necessary to effectuate the purposes of this paragraph.

The registrar shall furnish upon application to owners of private passenger vehicles distinctive registration plates which shall display on the face of said plate a design representing the official symbol of the United States olympic committee. There shall be a twenty-five dollar fee for said plate in addition to the established registration fee for passenger motor vehicles. The portion of said fee remaining after the deduction of cost directly attributable to issuing said plate shall be transferred to the Massachusetts United States Olympic Fund established pursuant to section thirty-five O of chapter ten.

The registrar shall furnish, upon application, to owners of private passenger motor vehicles distinctive registration plates which shall display on their face a design commemorating the Basketball Hall of Fame as the ''Birthplace of Basketball''. The registrar shall issue such plates at the direction of the Basketball Hall of Fame. There shall be a biennial fee of not less than $40 for such plates in addition to the established registration fee for private passenger motor vehicles, such fee being payable at the time of registration of such vehicle and at each renewal thereof. The portion of the fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be transferred within 90 days of receipt thereof to the Basketball Hall of Fame education program at the Basketball Hall of Fame in the city of Springfield.

Nothing in this section shall be construed to prevent the surviving spouse of a veteran from retaining the distinctive ''VETERAN'' registration plate until the surviving spouse remarries or cancels or fails to renew the registration.

The registrar shall develop guidelines for and shall implement a license plate retention program for members of the United States military and the United States Department of Defense employees who are deployed to, or present in, a theater of combat operations. Under the program, a resident of the commonwealth who is serving in the United States military, the United States military reserves, the Massachusetts National Guard or working as a civilian employee of the United States Department of Defense or any of its agencies, and is deployed to, or present in, a theater of combat operations, may retain 1 or more of his motor vehicle license plates, at no charge, for the duration of his deployment. The registrar shall develop and make available appropriate forms which may be used by a qualifying individual to cancel his automobile insurance and suspend his vehicle's registration, taking effect prior to deployment and upon the sale or storage of his motor vehicle. Upon returning from his deployment, the vehicle's owner shall furnish the registrar with proof that his automobile insurance policy has been reinstated, and the registrar may then allow him to register and affix his plates to a new vehicle or to re-register the plates and affix them to an existing vehicle held in storage.

Nothing in this section shall prevent the surviving spouse of a veteran, whose veteran spouse was not in possession of a ''VETERAN'' registration plate at the time of death, from applying for and receiving a ''VETERAN'' registration plate if the surviving spouse has not remarried.

Nothing in this section shall prevent the surviving spouse of a veteran, whose veteran spouse's ''VETERAN'' registration plate was returned to the registry at the time of death, from applying for and receiving a ''VETERAN'' registration plate if the surviving spouse has not remarried.