N.M. Code R. § 20.11.100.2

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.100.2 - SCOPE

A. Applicability (vehicles to be inspected):

(1) Motor vehicles. All motor vehicles, as defined in 20.11.100.7 NMAC, shall be inspected for compliance with the requirements of 20.11.100 NMAC unless otherwise exempted. A vehicle shall not be registered or re-registered until the vehicle has passed the applicable on-board diagnostics (OBDII) inspection, exhaust emissions inspection, tampering inspection, pressurized gas cap test and visible emissions inspection prescribed by 20.11.100.17 NMAC or the program has issued a time extension for repairs of the vehicle, unavailability for testing, or reciprocity for a test from another state.

(2) Commuter vehicles: All motor vehicles that are more than four years old and are driven into, operated, or are otherwise present in Bernalillo county for 60 or more days per year but are registered in another county or state shall comply with 20.11.100 NMAC.

(3) Federal installations: Vehicles that are operated on federal installations located in Bernalillo county, shall comply with 20.11.100 NMAC, whether or not 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. The inspection requirements for federal installations are mandated by 40 CFR Part 51.356(a)(4).

(4) Fleet vehicles: Fleet vehicles that are registered outside of Bernalillo county but are primarily operated in Bernalillo county shall comply with 20.11.100 NMAC. The inspection requirements for fleet vehicles are mandated by 40 CFR Part 51.356(a)(2).

(5) Municipalities and counties: If the program enters into a joint powers agreement with a municipality or county to extend the enforcement of 20.11.100 NMAC, all vehicles registered in that municipality or county shall comply with 20.11.100 NMAC.

B. Exempt vehicles:

(1) all new motor vehicles for four years following initial registration from the date of the manufacturer's certificate of origin (MCO);

(2) vehicles that are fueled by a mixture of gasoline and oil for purposes of lubrication;

(3) motor vehicles that are used for legally sanctioned competition and not operated on public streets and highways;

(4) implements of husbandry, or road machinery not regularly operated on public streets and highways;

(5) other vehicles that are not regularly operated on public streets and highways after providing satisfactory proof to the program manager;

(6) vehicles leased by a leasing company whose place of business is Bernalillo county to a person who resides outside of Bernalillo county; however, an exemption shall not be granted if the person resides in an area, that has an EPA-required vehicle inspection program;

(7) vehicles that are 35 years old or older;

(8) vehicles sold between licensed dealers;

(9) vehicles with a GVW of 10,001 lbs or more; and

(10) dedicated electric vehicles;

(11) existing electric hybrid vehicles which were exempted from 20.11.100 NMAC as of the effective date of 20.11.100.2 NMAC, until such time that a change of ownership of the vehicle occurs.

N.M. Code R. § 20.11.100.2

5/20/88. . .12/1/95; 20.11.100.2 NMAC - Rn, 20 NMAC 11.100.I.2, 10/1/02; A, 5/1/04; A, 9/1/04; A, 1/1/12