N.M. Admin. Code § 20.11.100.16

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.11.100.16 - ACTIONS PROHIBITED DURING VEHICLE INSPECTION

A. Each certified air care station or certified air care inspector shall inspect each vehicle in its as-presented condition, regardless of whether the air care inspector knows or believes that the vehicle will not pass.

B. Each certified air care station or certified air care inspector shall inspect each vehicle according to 20.11.100 NMAC and is prohibited from taking any of the following actions:

(1) engaging in conduct that constitutes fraud, deceit, or gross negligence;

(2) negligently providing incorrect or misleading information to the public regarding the requirements of 20.11.100 NMAC;

(3) failing or refusing to give a motorist the customer copy of the emissions test;

(4) failing to follow the inspection procedures specified by the vehicle manufacturer or required by 20.11.100 NMAC;

(5) making false promises likely to influence, persuade or induce a motorist to authorize the repair, service or maintenance of a motor vehicle;

(6) entering false data into an emissions analyzer;

(7) performing or allowing a repair that is represented to the motorist as being required to remedy the cause of an inspection failure or obtain a certificate of inspection when the repair is not required;

(8) adjusting or modifying a vehicle in a manner that would cause the vehicle to fail an inspection;

(9) charging for and performing an inspection that is represented to the motorist as being required when it is not required;

(10) failing to maintain the confidentiality of an inspector's access code for the emissions analyzer;

(11) failing to advise VPMD of any change in information provided in the inspector's or station's application for certification or for renewal of certification;

(12) failing to report to VPMD any illegal certification or other violation of 20.11.100 NMAC; or

(13) performing any type of clean scanning, clean piping or pretesting.

C. Performing any act or actions prohibited by Subsection B of 20.11.100.18 NMAC is a violation of 20.11.100 NMAC and may result in an enforcement action by VPMD.

D. It is the responsibility of each air care station owner or operator to ensure that all air care inspectors in his employment does not engage in prohibited act or actions in preparation for or during a vehicle inspection. VPMD may take an enforcement action against the air care station owner or operator employing air care inspectors who engage in prohibited act or actions.

N.M. Admin. Code § 20.11.100.16

10/19/82. . .12/1/95; 20.11.100.16 NMAC - Rn, 20 NMAC 11.100.II.5, 10/1/02; A, 5/1/04; 20.11.100.16 NMAC - N, 1/1/12