reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.17 - VEHICLE INSPECTION CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to pass any one of the applicable criteria specified
				  below in Subsections A, B, C, D and E of 20.11.100.17 NMAC, entitled
exhaust emissions
,
anti-tampering
,
visible emissions
,
gas cap
, and
on-board diagnostics
respectively, shall constitute
				  noncompliance with 20.11.100 NMAC and a fail VIR shall be issued.
A.
Exhaust emissions:
Every
				motor vehicle that is determined to emit quantities (rates) of CO and HC
				greater than those listed in Table I appropriate to model year and weight
				classification listed shall be
failed
. Every motor vehicle
				with emissions rates equal to or lower than the applicable amounts shall be
passed
under subsection A of 20.11.100.17 NMAC.
TABLE I Maximum Allowable Exhaust
				  Emissions
Vehicle Model Year
Gross Vehicle Weight Rating
								(pounds)
Group Code
Unloaded
Idle Mode
2,500 RPM Test
HC PPM
CO %
HC PPM
CO %
1975 - 1978
0 to 6,000
C/T
500
5.0
500
5.0
1979 - 1980
0 to 6,000
C/T
400
4.0
400
4.0
1981 - 1985
0 to 6,000
C/T
220
1.2
220
1.2
1986 - 1990
0 to 6,000
C/T
200
1.2
200
1.2
1991 - 1995
0 to 6,000
C/T
180
1.2
180
1.2
1975 - 1978
6,001 to 8,000
LT
600
6.0
600
6.0
1979 - 1980
6,001 to 8,000
LT
600
4.5
600
4.5
1981 - 1982
6,001 to 8,500
LT
400
2.7
400
3.0
1983 - 1988
6,001 to 8,500
LT
300
1.2
300
3.0
1989 - 1995
6,001 to 8,500
LT
220
1.2
220
1.2
1975 - 1980
8,001 to 10,000
MT
650
6.5
650
6.5
1981 - 1990
8,501 to 10,000
MT
400
4.0
400
3.0
1991 - 1995
8,501 to 10,000
MT
220
2.0
220
2.0
B.
Anti-tampering:
(1) All motor
				vehicles subject to 20.11.100 NMAC shall be inspected for the presence of a
				catalytic converter(s) that is properly connected.
(2) Any vehicle with required features or
				components removed or rendered inoperative shall be
failed
. If
				no tampering with required components or systems is evident, this portion of
				the inspection shall be
passed
.
(3) Vehicles that have had the original
				engine removed and replaced with a newer or inherently cleaner technology
				engine (including the emissions control devices required in association with
				that engine) may be eligible for a waiver of compliance with portions of
				Subsection B of 20.11.100.17 NMAC. The program manager shall determine if a
				vehicle has been retrofitted with an engine that is not adaptable to the
				emissions control requirements for the vehicle chassis model year. When the
				program manager makes the determination, the program manager may waive the
				requirements for replacement of emissions control equipment. There shall be no
				waiver for the installation of a catalytic converter unless the program manager
				determines installation would create a safety hazard.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.18 - VEHICLE INSPECTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Vehicle inspection reports (VIRs) shall only be purchased at program
				headquarters. Unused VIRs shall not be exchanged, sold or given by any person
				to any other person. All unused VIRs shall be turned in to the headquarters for
				credit or a refund, as the program manager determines is appropriate.
B. A pass VIR shall be issued to each
				motorist whose vehicle has undergone inspection and passed all criteria
				regarding on-board diagnostics, exhaust emissions, anti-tampering, pressurized
				gas cap and visible emissions as applicable. A fail VIR shall be issued to each
				motorist whose vehicle has undergone inspection and failed on-board diagnostics
				or any of the criteria regarding exhaust emissions, anti-tampering, pressurized
				gas cap and visible emissions as applicable. Vehicles that have failed any
				portion of an inspection and have been subsequently repaired and adjusted and
				passed a reinspection shall be issued a pass VIR. Pass VIRs shall be presented
				to the MVD upon re-registration of the vehicle.
C. VIRs may not be defaced by stamping
				information on, or affixing stickers to, the front or back of the VIR except in
				the delineated area designated by the VPMD program manager. Any
air
				care
inspector or
air care
station found to be
				defacing VIRs may be subject to an enforcement action pursuant to 20.11.100.36
				NMAC and penalties pursuant to 20.11.100.33 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.19 - REPAIRS, ADJUSTMENTS, AND RE-INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Every motor vehicle that fails an inspection required by
				  20.11.100 NMAC shall be repaired as necessary to pass re-inspection. If
				  replacement of parts is required, the parts shall only be new aftermarket parts
				  approved by the program manager or new original equipment, manufacturer's parts
				  or assemblies.
A. Repairs required by
				Subsection A of 20.11.100.19 NMAC, shall include but are not limited to, the
				following as applicable to the type of failure.
(1) Exhaust emissions: adjust idle speed,
				fuel/air ratio and ignition timing to manufacturer's specifications including
				replacement of spark plugs, spark plug wires, air filters and PCV specified by
				the manufacturer.
(2)
				Anti-tampering: replace the missing or disabled components with replacement
				parts acceptable to the program manager.
(3) Visible emissions: Repair engine or
				replace inoperative emissions control devices as required to eliminate visible
				emissions.
(4) Gas cap: Replace gas
				cap with a new approved aftermarket or original equipment cap.
(5) On-board diagnostics: Repair
				malfunction(s) indicated by diagnostic trouble code(s), clear diagnostic
				trouble code(s) and drive vehicle through drive cycle required to reset
				readiness monitors in order to ensure repair effectiveness and elimination of
				diagnostic trouble codes.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.20 - COMPLIANCE TIME EXTENSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Time extension for repairs. Vehicles that are unable to pass re-inspection may
				be eligible to obtain a time extension if the following conditions are met:
(1) the owner shall provide evidence
				satisfactory to the program manager or his designee, that at least $300.00 has
				been spent on the vehicle at a licensed repair facility for emissions-related
				repairs; or
(2) the owner shall
				provide evidence satisfactory to the program manager or his designee that at
				least $300.00 of repair work is required to bring the vehicle up to an engine
				performance level capable of passing an emissions inspection; and
(a) in order to receive a time extension
				based on a estimate of repairs, the owner must prove to the program manager or
				his designee that the owner is financially incapable of paying for the repairs;
				and
(b) the repair work estimate
				shall be from a licensed repair facility.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.22 - BASIS FOR DENIAL OF AIR CARE STATION CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The program manager may deny certification to a facility that
				  does not:
A. comply with all
				applicable federal, state and local laws and regulations;
B. provide for an entrance and a dedicated
				inspection area inside the facility that is large enough to accept all vehicles
				with a GVW of 8500 lbs or less presented for inspection;
C. provide for adequate traffic flow;
				or
D. provide adequate viewing
				access by the vehicle owner or driver or for surveillance by program
				auditors.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.24 - FLEET AIR CARE STATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				individual or business shall represent itself as a certified fleet
air
				care
station without being in possession of a duly authorized and
				currently valid certificate issued by the program manager.
B. Any person may apply for authorization for
				an
air care
station authorized by the program to perform
				inspections under 20.11.100 NMAC for the purposes of fleet inspection of a
				company or corporate business, or governmental fleet. Fleet
air
				care
stations shall not offer or provide the inspections to the
				company's employees or the general public. Fleet
air care
stations shall be equipped and operated and shall be subject to the same
				quality assurance requirements as a certified
air care
station. The signage requirements of Subsections C and D of 20.11.100.23 NMAC
				do not apply to a fleet
air care
station. The fee for
				certifying a fleet
air care
station shall be the same as for a
				certified
air care
station.
C. Notwithstanding Subsections A and B of
				20.11.100.24 NMAC, any person with a fleet may contract with any certified
air care
station to provide inspections required to satisfy
				20.11.100 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.26 - CERTIFICATION OF AIR CARE INSPECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall represent himself as a
				certified
air care
inspector without being in possession of a
				duly authorized and currently valid certificate issued by the program
				manager.
B. Certificates issued
				under Subsection B of 20.11.100.26 NMAC shall be valid for 12 months unless the
				program manager requires re-certification earlier as provided in 20.11.100.27
				NMAC.
(1) Certification requirements for
air care
inspectors:
(a) A
				person seeking certification shall file an application with the program manager
				on forms provided by the program. The issuance of certificates shall be
				administered by the program. Before an applicant may be granted a certificate,
				the applicant shall demonstrate general knowledge, skill and competence
				requirements under the program and in accordance with training and testing
				requirements set forth by the program manager.
(b) The knowledge, skill and competence that
				an applicant must demonstrate shall include, but is not limited to, the
				following:
(i) general operation and purpose
				of emissions control systems for all types of motor vehicles;
(ii) how HC and CO relate to timing and
				air/fuel ratio control;
(iii) rules
				and regulations pertaining to inspection and the inspection procedures
				established in the 20.11.100 NMAC;
(iv) general understanding of the benefits to
				vehicle owners provided in the
Defect Warranty Provisions
of
				Section 207(a) and the
Performance Warranty Provisions
of
				Section 207(b) of the Federal Clean Air Act as it applies to the
				inspection;
(v) ability to
				recognize by visual inspection the emissions control equipment for 1975 and
				newer vehicles, distinguishing between those requiring and those not requiring
				inspection;
(vi) operation and
				proper use, care, maintenance and gas span checking of the approved exhaust gas
				analyzers;
(vii) proper use, filing
				and storage of inspection forms, VIRs and supplemental documents;
(viii) ability to perform an actual emissions
				inspection from start to finish; and
(ix) other information as the program manager
				requires.
(c) The program
				may issue a certificate to the applicant when the program manager determines
				that the applicant has successfully completed the certification requirements of
				20.11.100 NMAC.
(d) Persons
				certified under Subsection B of 20.11.100.26 NMAC shall inform the program
				manager within 10 days of any change in legal name, employment status or
				current mailing address. Each certified inspector will be assigned a personal
				identification number that will be checked for correlation in data audits of
				the program. Failure to keep the program manager informed may result in
				revocation of certification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.27 - RECERTIFICATION REQUIREMENTS FOR CERTIFIED AIR CARE INSPECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The program
				manager will reissue certification to any
air care
inspector
				who demonstrates updated competency as evidenced under the then-current
				requirements administered by the program. Re-certification shall be required
				upon expiration of a current annual certificate or sooner if either of the
				following situations exist.
(1) If the program
				manager determines a need to update the general qualifications of
air
				care
inspectors prior to the annual re-certification period, holders
				of the certificates may be required to re-qualify.
(2) As a result of auditing or investigating
				consumer complaints, a certified inspector may be required to re-certify if the
				program manager determines that competency or other problems must be corrected
				in order to protect the public.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.28 - DENIAL OR SUSPENSION OF RECERTIFICATION FOR AIR CARE INSPECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The VPMD program
				manager may suspend an existing certification or deny recertification for the
				following reasons:
(1) the VPMD program
				manager has determined, as a result of a review of the VID or VPMD inspection
				files, that an
air care
inspector has committed violations
				resulting in an accumulation of 16 points or more;
(2) the
air care
inspector
				has failed to attend the recertification training; or
(3) the
air care
inspector
				has failed the recertification test.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.29 - ADMINISTRATIVE FEES FOR CERTIFICATIONS AND RECERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person seeking certification, or
				annual recertification thereof, in order to participate in the program as an
air care
station or
air care
inspector shall
				pay to the city the required fee as established below, before a certification
				shall be issued or renewed by the program.
Certifications
Amount
Certified Air Care
Station
$200.00
Certified Air Care
Inspector
$35.00
B.
				Every
air care
station or
air care
inspector
				who has had a certification suspended shall pay the following fees before the
air care
station or
air care
inspector
				certification will be reinstated.
Reinstatement
Amount
Air Care
Station
							 Certification
$200.00
Air Care
Inspector
							 Certification
$35.00
C.
				Any
air care
inspector who requests to be certified on more
				than one motor vehicle emissions analyzer shall pay a $35.00 fee for each
				analyzer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.30 - VPMD QUALITY ASSURANCE AUDITS OF AIR CARE STATIONS AND AIR CARE INSPECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
VPMD's quality assurance audits and data analysis are
				  designed to: discover, correct and prevent fraud, waste and abuse; determine
				  whether emissions testing procedures are being correctly performed; assess
				  whether emissions analyzers are measuring accurately; and find any existing
				  problems that could impede program performance.
A. The program shall conduct announced and
				unannounced overt quality assurance audits of each certified
air
				care
station as ordered by the program manager. The duties of the VPMD
				auditor shall include but not be limited to the following:
(1) verify that the equipment, reference
				materials and staffing agree with the information on file with the program
				manager and are sufficiently maintained to meet the intent of the VPMD
				program;
(2) check the accuracy of
				data entry and production of the final inspection reports furnished to
				motorists;
(3) perform a complete
				quality assurance survey on the analyzer, the calibration gas system, and
				automatic zero-span performance in relation to the specifications and
				requirements of 20.11.100 NMAC;
(4)
				the field audit gases for standardizing approved analyzers used for inspections
				shall conform to the provisions specified in 40 CFR, Part 86, Subpart B,
				Section 86.114-94,
Analytical Gases
, for automotive exhaust
				emissions testing; those gases shall be of "precision" quality, certified to be
				within + (plus-or-minus) 1% of the labeled concentration, and certified by the
				NIST; and
(5) examine the service
				contract for the analyzer to assure proper lockout controls, data record
				capture and response in case of trouble.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.31 - ENFORCEMENT AGAINST AIR CARE STATIONS AND INSPECTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a VPMD program manager or a compliance
				auditor finds a condition or practice that violates any requirement of
				20.11.100 NMAC, VPMD may take any enforcement action or combination of actions
				it finds necessary, including, but not limited to: a written warning, a notice
				of violation, a letter denying recertification, a notice of intent to suspend
				or revoke an active certification, or immediate lockout of the gas
				analyzer.
B. Violations for which
				the program manager or VPMD personnel may take action under 20.11.100.31 NMAC
				include:
(1) any act or omission by an
air care
station or an
air care
inspector
				that causes the station or inspector to be in violation of any applicable
				requirement of 20.11.100 NMAC;
(2)
				an
air care
station or inspector taking or performing any
				action prohibited under 20.11.100.16 NMAC as determined by any type of
				investigation by VPMD, such as an overt or covert audit, or VID analysis;
				and
(3) any other act or omission
				by a station or inspector that results in a situation that does not comply with
				20.11.100 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.32 - CATEGORIES OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The program manager, supervisor or VPMD auditor shall review
				  each notice of violation for consistency with 20.11.100 NMAC and determine the
				  character and category of the violation for the purpose of assessing penalty
				  points, monetary penalties or taking other enforcement action.
A. Intentional violations. An intentional
				violation is a violation that is the result of actions that are reckless,
				deliberate or purposeful or that occur when the person who committed the act or
				omission knew or should have known the conduct was a violation of 20.11.100
				NMAC.
B. Serious violations.
				Serious violations are actions that occur as a result of inspector error, which
				includes an omission, and are likely to result in inaccurate test
				results.
C. Minor violations are
				common errors that can be prevented by diligence and care.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.33 - PENALTY ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Penalty
				points may be assessed against the
air care
inspector,
air care
station or both. Penalty points are tracked for each
air care
station and each
air care
inspector
				throughout a rolling 12 month period.
B. Violations committed during an inspection
				shall be assessed against the air care inspector.
C. Program violations, such as allowing or
				requiring an inspector to perform an improper test or allowing a non-certified
				individual to perform part or all of a test; improper filing and storage of
				program documents, or improperly posted signs, shall be assessed against the
				station.
D. Air care stations may
				be held responsible for their inspectors' actions if evidence establishes that
				the inspector violations occurred due to lack of diligence or supervision by
				the
air care
station owner or operator.
E. Intentional violations.
(1) Each intentional violation may result in
				the issuance of up to 16 points for each occurrence.
(2) 16 points shall result in a suspension or
				revocation of certification, as appropriate, for the
air care
inspector and the
air care
station at which the violations
				occurred.
(3) When an intentional
				violation results in a false pass, the
air care
station or
				inspector may be assessed a monetary penalty equal to 2.5 times the estimated
				cost of repair of the vehicle, according to the industry flat rate
				book.
(4) When the intentional
				violation results in a false fail, the
air care
station or
				inspector may be assessed a monetary penalty of up to $1,000.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.34 - HISTORY OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the program manager determines that an air care station or air care inspector
				has a history of violations, the level of enforcement or penalty assessment may
				be increased for any future violations. The program manager shall not be
				limited to considering the immediately-preceding 12-month period to determine
				whether a history of violations exists.
B. When violations continue to occur at an
air care
station or by an
air care
inspector
				following previous enforcement actions, the program manager may issue a more
				severe enforcement action, including but not limited to: issuing a notice of
				violation instead of a written warning for a minor violation, or issuing an
				intent to revoke or suspend a certification for a non-minor violation that is
				the latest violation in a history of violations.
C. When violations continue to occur at an
air care
station or by an
air care
inspector
				following previous enforcement actions, the program manager may assess more
				severe penalties or a greater number of penalty points as a result of an
air care
station or
air care
inspector
				committing additional errors or violations.
D. Significant accumulation of penalty points
				shall result in an enforcement action described in 20.11.100.35 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.36 - ADDITIONAL ENFORCEMENT AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Mandatory inspections: Any person who owns
				a motor vehicle subject to 20.11.100 NMAC and fails to demonstrate compliance
				with 20.11.100 NMAC shall be issued a failing VIR and shall be refused
				re-registration by the MVD pursuant to the Motor Vehicle Code,
				66-3-7.1
				NMSA (1978).
B. Procedural
				provisions: Any person who violates the requirements of 20.11.100 NMAC shall be
				guilty of a misdemeanor pursuant to either the City of Albuquerque Joint Air
				Quality Control Board Ordinance
				9-15-1 -99(B)(1)
				R.O.1994 or the Bernalillo County Joint Air Quality Control Board Ordinance No.
				94-5. Any person who violates a requirement of 20.11.100 NMAC shall also be
				subject to all other enforcement actions authorized by the Air Quality Control
				Act,
				74-2-1 et.
				seq., NMSA 1978 and other remedies available at law or equity.
C. Referral for further investigation or
				legal remedy. In addition to suspension or revocation of certification and
				monetary penalties, cases that involve an intentional violation may be referred
				to the attorney general, district attorney or city attorney, as appropriate,
				for further investigation of fraudulent acts or other acts contrary to
				law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque/Bernalillo County Air Quality Control Board. P.O.
				  Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All motor vehicles, as defined in
				  20.11.101.7 NMAC,
				  shall be inspected biennially for compliance with the requirements of 20.11.101
				  NMAC, unless otherwise exempted. A vehicle shall not be registered or
				  re-registered until such a vehicle has passed the emissions inspection and
				  tampering inspection prescribed in
				  20.11.101.14
				  NMAC or has been issued a time extension for repairs by the VPMD.
A. Federal Installations: Vehicles, which are
				operated on federal installations located within Bernalillo County, shall
				comply with 20.11.101 NMAC regardless of whether the vehicles are registered in
				New Mexico or Bernalillo County. The inspection requirement applies to all
				employee owned or leased vehicles as well as agency operated
				vehicles.
B. Fleet Vehicles: Fleet
				vehicles, which are registered outside Bernalillo County but are primarily
				operated in Bernalillo County, shall comply with 20.11.101 NMAC.
C. Municipalities and Counties: If the
				Program enters into a joint powers agreement with another municipality or
				county to extend the enforcement of 20.11.101 NMAC, all vehicles registered in
				that municipality or county must comply with 20.11.101 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.101 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C:
				  and the Joint Air Quality Board Ordinance, Bernalillo County Ordinance 94-5
				  Section 4, Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Shall become effective upon the date EPA issues notice
				  requiring the Program to operate a centralized vehicle emissions inspection and
				  maintenance program, in which case the centralized program established in
				  20.11.101 NMAC will be implemented.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 20.11.101 NMAC is to provide for the control
				  and regulation of CO and HC emissions above certain levels from motor vehicles,
				  and anti-tampering.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment of 20.11.101 NMAC, which is filed, with the
				  State Records Center shall not affect actions pending for violation of a City
				  or County ordinance, Board Regulation 40, the Procedures Manual, or 20.11.101
				  NMAC. Prosecution for a violation under prior regulation wording shall be
				  governed and prosecuted under the statute, ordinance, Part, the Procedures
				  Manual or regulation in effect at the time the violations were
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, clause, or word of this Part is
				  for any reason held to be unconstitutional or otherwise invalid by any court,
				  the decision shall not affect the validity of the remaining provisions of
				  20.11.101 NMAC or the Procedures Manual.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the Vehicle Pollution Management Program Headquarters, 1500 Broadway NE,
				  Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.12 - INSPECTION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. VPMP
				Procedures Manual:
(1) The Program Manager
				shall develop an official document, titled VPMP Procedures Manual, outlining in
				sufficient detail the procedures necessary for a certified AIR CARE inspection
				facility, a certified fleet AIR CARE station, a certified AIR CARE inspector
				and a certified AIR CARE technician to comply with all applicable requirements
				of this Part. Upon approval by the Board, the Program Manager shall publish the
				official VPMP Procedures Manual and, within ten days of publication, provide
				general notice of its availability.
(2) The procedures, details and
				specifications contained in the VPMP Procedures Manual shall be a part of and
				incorporated into 20.11.101 NMAC and shall be binding upon each AIR CARE
				inspection facility, fleet AIR CARE station, AIR CARE inspector and AIR CARE
				technician.
(3) The Procedures
				Manual shall be amended as needed and required, and kept updated by the Program
				Manager. Notice of amendments to the Procedures Manual shall be provided by the
				Program Manager, with copies made available to the users. It is the
				responsibility of each AIR CARE inspection facility and fleet AIR CARE station
				to obtain and incorporate all amendments made available by the Program Manager.
				Each AIR CARE inspection facility or fleet AIR CARE station shall maintain at
				least one current copy of the VPMP Procedures Manual at the facility or
				station.
(4) If a provision of the
				Procedures Manual conflicts with a provision of this Part, the provision of
				this Part will prevail.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.13 - SCHEDULING OF INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Every motor vehicle, as defined in 20.11.101.7 NMAC, shall be inspected
				biennially when the owner is so notified or otherwise informed by MVD. The MVD
				will distribute notices or other appropriate information to owners of vehicles
				applying for re-registration in accordance with the written agreement made
				between the MVD and the Program Manager. Vehicles shall also be inspected upon
				sale and when titles are transferred. Any person who believes he/she has a
				vehicle for which he/she has been erroneously notified of inspection may
				petition the Program Manager to correct such error.
B. Vehicles Unavailable for Inspection:
(1) Motor vehicles which are unavailable for
				inspection, and primarily operated in an area that does not have an I/M
				Program, may be granted an extension of inspection, if authorized by the
				Program Manager. Persons seeking an extension may petition the Program Manager
				by submitting a signed affidavit justifying the special need and by providing
				other necessary documentation as required by the Program Manager.
(2) Motor vehicles which are registered in
				Bernalillo County but are primarily operated in another I/M Program shall be
				tested, either in the area of primary operation or in Bernalillo county. If
				tested in another I/M Program area, the Program Manager will issue a compliance
				certificate upon presentation of a passing I/M test from the other
				program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.14 - INSPECTION CRITERIA FOR AIR CARE INSPECITON FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to pass any one of the applicable criteria specified
				  below as, Exhaust Emissions; Anti-Tampering; or Visible Emissions (smoke),
				  referred to respectively as Subsections A, B, C, of 20.11.101.14 NMAC, shall
				  constitute noncompliance with 20.11.101 NMAC, and a fail VIR shall be
				  issued.
A. Exhaust Emissions:
				Inspection procedure for all vehicles other than diesel-powered vehicles shall
				be consistent with the requirements specified in 40 CFR Part 51 Subpart S
				Appendix B.
(1) A non-diesel motor vehicle
				manufactured on or before the 1980 model year shall be required to take and
				pass only the idle mode test condition. A non-diesel motor vehicle manufactured
				in or after the 1981 model year shall be required to take and pass both the
				loaded test condition (except as specified in Paragraph (2), of Subsection A of
				20.11.101.14 NMAC for full time four wheel drive) and the idle mode test
				condition.
(a) Loaded mode condition: Vehicles
				tested under the loaded mode shall have the drive wheels placed on a
				dynamometer and the vehicle shall be operated as prescribed in Table I, in
				drive for automatic transmissions and 2nd or higher gear for manual
				transmissions. Exhaust reading for HC and CO shall be recorded after readings
				have stabilized or at the end of 30 seconds, whichever comes first. After
				exhaust emissions have been recorded, engine speed shall be returned to idle
				for the idle mode test.
(b) Idle
				mode test condition: The idle mode test shall be performed with:
(i) the vehicle in drive for pre 1981 model
				year vehicles with automatic transmissions, or
(ii) in neutral both for, vehicles with
				manual transmissions and for post 1980 model year vehicles with automatic
				transmissions. Exhaust emissions shall be recorded for HC and CO concentrations
				after readings have stabilized or at the end of 30 seconds, whichever occurs
				first. A CO2 reading less than 6% will be deemed as proof of exhaust sample
				dilution, and the vehicle shall be rejected from further emissions inspections
				until the vehicle is repaired. The vehicle owner will be provided with an
				INVALID VIR.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.15 - VEHICLE INSPECTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Vehicle Inspection Reports (VIRs) shall only be purchased at Program
				Headquarters. Unused VIRs shall not be exchanged, sold or given by any person,
				AIR CARE inspection facility, fleet AIR CARE station, or any other entity. All
				unused VIRs which a person, AIR CARE inspection facility, fleet AIR CARE
				station, or any other entity does not intend to use shall be turned in to the
				Headquarters for credit or a refund, as the Program Manager determines is
				appropriate.
B. A pass VIR shall be
				issued to each motorist whose vehicle has undergone inspection and passed all
				criteria relative to exhaust emissions, anti-tampering, and visible emissions
				as applicable. A fail VIR shall be issued to each motorist whose vehicle has
				undergone inspection and failed any of the criteria relative to exhaust
				emissions, anti-tampering, and visible emissions as applicable. Vehicles, which
				have failed any portion of an inspection and have been subsequently repaired
				and adjusted and passed a re-inspection, shall be issued a pass VIR. Pass VIRs
				shall be presented to the MVD upon re-registration of the vehicle.
C. Within 60 calendar days after each paid
				emissions inspection, one free re-inspection may be obtained at any AIR CARE
				inspection facility upon presentation of the failed VIR.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.16 - REPAIRS, ADJUSTMENTS AND RE-INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each motor vehicle that fails an
				inspection required by 20.11.101 NMAC shall be repaired as necessary to pass
				re-inspection. Where replacement of a catalytic converter or oxygen sensor is
				required, such parts shall only be new aftermarket parts approved by the
				Program Manager or new original equipment, manufacturer's parts or
				manufacturer's assemblies. Repairs required by this subsection may include but
				are not limited to, the following as applicable to the type of failure:
(1) Exhaust Emissions: adjust idle speed,
				fuel/air ratio and ignition timing to manufacturer's specifications including
				replacement of spark plugs, spark plug wires, air filters and PCV specified by
				the manufacturer.
(2)
				Anti-tampering: replace the missing or disabled components with new replacement
				parts.
(3) Visible Emissions:
				repair engine or replace inoperative emission control devices as required to
				eliminate visible emissions. Repairs may include replacement of valves, rings,
				pistons, PCV, or EGR systems.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.17 - REPAIR TIME EXTENSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Normal Difficulty: Vehicles, which are unable to pass re-inspection, are
				eligible to obtain a time extension, not to exceed two years, providing the
				following conditions are met:
(1) Exhaust
				Emissions: In order for a motor vehicle to be eligible for a time extension,
				the owner must:
(a) Provide evidence,
				satisfactory to the Program Manager, that a low emissions tune-up has been
				performed by a Certified AIR CARE Technician, to the extent possible
				considering engine condition; and repair and replace nonfunctional emissions
				control devices.
(b) Provide
				evidence that any emissions control devices needed to bring the vehicle into
				compliance are not available.
(c)
				Petition the Program Manager at the Program Headquarters, provide receipts for
				all repair work performed, and list at least the following information in order
				to be eligible for consideration:
(i) vehicle
				VIN number,
(ii) model year and
				manufacturer,
(iii) owner's name
				and street address,
(iv) valid
				driver's license number or any other information or documentation that the
				Program Manager may deem necessary; and
(v) identification of where the
				re-inspection, tune-up and/or determination was made, including evidence that
				critical parts are unavailable if so claimed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.18 - CERTIFICATION REQUIREMENTS FOR AIR CARE INSPECTION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
No individual or business shall represent itself as a
				  certified AIR CARE inspection facility without being in possession of a duly
				  authorized and currently valid certificate issued by the Program Manager.
				  Violations of the requirements of 20.11.101.18 NMAC shall be a violation of
				  this Part.
A. The Program shall enter
				into an emissions inspection contract with one or more independent contractors
				following the review of proposals (RFP), to provide for the construction,
				equipping, operation and maintenance of official test-only AIR CARE inspection
				facilities, in such numbers and locations as may be required by 40 CFR Part 51
				to provide vehicle owners reasonably convenient access to inspection facilities
				for the purposes of obtaining compliance with 20.11.101 NMAC.
B. In consultation with the Mayor's Office,
				City legal staff, City Finance and Management Department, the City Council, and
				the County Commission, the Program Manager shall establish request for
				proposals (RFP) specifications and contract terms for a contract with the
				independent contractor(s) and negotiate any terms of a contract with the
				independent contractor(s).
C. The
				Program Manager is prohibited from entering into an emissions inspection
				agreement with any independent contractor who:
(1) Is engaged in the business of
				manufacturing or selling vehicles.
(2) Does not have the capability, resources
				or technical and management skill to adequately construct, equip, maintain and
				operate a sufficient number of official AIR CARE inspection facilities to meet
				the demand for inspection of every vehicle which is required to be submitted
				for inspection subject to 20.11.101 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.20 - VEHICLE POLLUTION MANAGEMENT PROGRAM HEADQUARTERS

Current through Register Vol. 35, No. 13, July 16, 2024
The Program Manager shall establish and maintain a VPMP
				  headquarters, which shall be an emissions inspection facility, equipped with at
				  least two lanes with Program certified emissions equipment capable of
				  duplicating the idle mode and loaded mode test conducted at the AIR CARE
				  inspection facilities. It shall be staffed with at least two technicians who
				  are ASE certified. The facility shall be operated by the City to provide
				  services to the public and as necessary to facilitate Program responsibilities
				  and administer the provisions of 20.11.101 NMAC. The Headquarters shall have,
				  but not be limited to, the following responsibilities:
A. Provide for non-binding mediation of
				disputes between vehicle owners and certified AIR CARE inspection facilities,
				certified AIR CARE inspectors, or certified AIR CARE technicians. If required
				by the Program Manager, the facility will provide verification at no cost to
				the person requesting the inspection.
B. Evaluate and issue compliance time
				extensions for vehicles unable to pass the emissions inspections as provided
				under the terms of 20.11.101 NMAC.
C. Investigate and maintain records regarding
				complaints against certified AIR CARE inspection facilities, certified AIR CARE
				technicians and certified AIR CARE inspectors, and forward such findings to the
				Board.
D. Implement and oversee a
				repair effectiveness program which will keep track of emission-related repairs
				at repair facilities throughout the Program area. Information collected
				regarding the repair effectiveness of repair facilities shall be tabulated and
				made available to consumers.
E.
				Perform quality assurance audits as required by 20.11.101.24 NMAC.