New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.100.7 NMAC the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.100 NMAC shall
				  govern.
A.
"
Air
				care
inspection station"
means a private business authorized by
				a certificate in accordance with
				20.11.100.21
				NMAC to inspect motor vehicles and issue certificates of inspection. It also
				means stations established by the city of Albuquerque and Bernalillo county, or
				other governmental entities, for testing government owned or leased motor
				vehicles.
B.
"
Air
				care
inspector"
means an individual authorized by a certificate
				issued by the program to perform inspections of motor vehicles and who has met
				the requirements of
				20.11.100.26
				NMAC.
C.
"
Air
				care
station"
means an
air care
inspection
				station, or a fleet
air care
station.
D.
"Audit"
means an assessment
				by VPMD, either as a physical on-site visit or an off-site review of data
				collected electronically, designed to determine whether
air
				care
inspectors and
air care
stations are correctly
				performing all tests and other functions required by the VPMD program. Physical
				on-site audits shall be of two types: overt and covert.
E.
"Biennial"
means every other
				year.
F.
"Chassis"
means the complete motor vehicle, including standard factory equipment, but
				excluding the body and cab.
G.
"City"
means the city of Albuquerque, a New Mexico municipal
				corporation.
H.
"Clean
				piping"
means the illegal act of an
air care
station or
air care
inspector that results in a fraudulent "pass" for a
				vehicle's tailpipe emissions test by entering into the emissions analyzer
				unique information identifying the vehicle being tested, but then performing
				the tailpipe test on a different vehicle, which bypasses actual testing of the
				first vehicle.
I.
"Clean
				scanning"
means the illegal act of an
air care
station
				or
air care
inspector that results in a fraudulent "pass" for
				a vehicle's emissions test by entering into the emissions analyzer unique
				information identifying the vehicle being tested, but then performing the
				emissions test on a different vehicle, which bypasses actual testing of the
				first vehicle.
J.
"County"
means the county of Bernalillo, a political subdivision
				of the state of New Mexico.
K.
"Covert audit"
means a quality assurance site visit by an
				anonymous agent delegated by VPMD to drive a vehicle into the selected station
				and asked to have the vehicle tested. The vehicle may be set up by VPMD in a
				tampered or failed condition. Covert audits are required by EPA to ensure that
				air care stations and air care inspectors are performing the emissions test
				correctly.
L.
"Covert
				surveillance"
means a quality assurance audit by observation done from
				an off-site location near the
air care
station, often using
				binoculars to monitor the actions of an
air care
inspector
				performing emissions testing.
M.
"Dealer"
means any person who sells or solicits or advertises the
				sale of new or used motor vehicles subject to registration in the state of New
				Mexico and as further defined in the Motor Vehicle Code Chapter 66, NMSA
				1978.
N.
"Distributor"
means any person who distributes or sells new or used motor vehicles to dealers
				and who is not a manufacturer.
O.
"Division" or "VPMD"
means the vehicle pollution management
				division of the city environmental health department, which provides the staff
				for the Albuquerque-Bernalillo county vehicle pollution management
				program.
P.
"Driver"
means every person who drives or is in actual physical control of a motor
				vehicle upon a highway or upon property used for inspections.
Q.
"Emissions analyzer"
means a
				device for measuring the concentration of certain exhaust gases emitted by a
				motor vehicle.
R.
"Emissions
				inspection system" or "EIS"
means the equipment and software for
				conducting the official emissions inspection.
S.
"Essential parts"
means all
				integral and body parts of a vehicle of a type required to be registered under
				the Motor Vehicle Code, the removal, alteration or substitution of which would
				tend to conceal the identity of the vehicle or substantially alter its
				appearance, model type or mode of operation.
T.
"Exhaust emissions"
means CO,
				HC and all other substances emitted through a motor vehicle's exhaust system,
				after passing downstream of the engine block exhaust ports and exhaust
				emissions control devices, if any.
U.
"Exhaust emissions control
				device"
means equipment designed by the manufacturer of the vehicle and
				installed on a motor vehicle for the purpose of reducing pollutants emitted
				from the vehicle, or a system or engine modification designed by the
				manufacturer of the motor vehicle that causes a reduction of pollutants emitted
				from the vehicle, or equipment designed by the vehicle manufacturer to prevent
				damage to or tampering with other exhaust emissions control devices.
V.
"Fast idle condition or unloaded
				2,500 rpm"
means an exhaust emissions inspection conducted with the
				engine of the vehicle running under an accelerated condition as required by 40
				CFR Part 51, Subpart S,
Inspection/Maintenance Program
				Requirements.
W.
"Field audit gas"
means a gas mixture with known concentrations of
				CO2, CO, and HC that is used by the program to check the
				accuracy of exhaust gas analyzers used by authorized inspection
				stations.
X.
"Fleet"
means a group of vehicles under the common ownership or control of a commercial
				or governmental entity.
Y.
"Fleet
air care
station"
means any person,
				business, government entity, firm, partnership or corporation that provides for
				the construction, equipping, maintaining, staffing, managing and operation of
				authorized inspection station for the sole purpose of inspecting its private
				fleet of motor vehicles subject to 20.11.100 NMAC, and not offering inspection
				services to its employees or the general public.
Z.
"Fuel"
means any material
				that is burned by the engine of a vehicle in order to propel the
				vehicle.
AA.
"Gas cap
				test"
means the determination of the ability of the gas cap(s) to retain
				pressure.
BB.
"Gross vehicle
				weight"
means the weight of a vehicle without load, plus the weight of
				any load thereon.
CC.
"Government vehicle"
means a motor vehicle exempt from the payment
				of a registration fee and owned or leased by any federal, state, local, or
				other governmental entity.
DD.
"Headquarters"
means the main office of the vehicle pollution
				management program.
EE.
"Highway"
means every way or place generally open to the use of
				the public as a matter of right for the purpose of vehicular travel, even
				though it may be temporarily closed or restricted for the purpose of
				construction, maintenance, repair or reconstruction.
FF.
"Idle mode test"
means an
				unloaded exhaust emissions test conducted only at the idle condition.
GG.
"Inspection or re-inspection or
				test"
means the mandatory vehicular anti-tampering and emissions
				inspection conducted both visually and with equipment or chemical sensing
				devices as required by 20.11.100 NMAC.
HH.
"Low emissions tune-up"
means adjustments and repairs that can reduce motor vehicle emissions,
				including but not limited to the following procedures:
(1) checking and setting to manufacturer's
				specifications, the idle mixture, idle speed, ignition timing and
				dwell;
(2) checking for proper
				connection of vacuum lines, electrical wires, and for proper operation of
				pollution control devices;
(3)
				checking and replacement of air breathing filters and positive crankcase
				ventilation valve as necessary;
(4)
				replacement of spark plugs, points, and wires; and
(5) for all motor vehicles equipped with
				computer controlled closed-loop feedback exhaust emissions control devices and
				systems, inspecting the operation of the emissions control system according to
				the motor vehicle manufacturer's specified procedures, including hose routing
				and on-board diagnostics, new vehicle warranty and repair or replacement as
				necessary.