N.M. Code R. § 20.11.100.20

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

Section 20.11.100.20 - COMPLIANCE TIME EXTENSION

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.

B. Application for time extension. An owner who meets the criteria may apply for a time extension by petitioning the program manager or his designee at the VPMD headquarters, providing receipts for all parts and repair work performed, or providing the required estimate, and listing the following information in order to be eligible for consideration:

(1) vehicle VIN number;

(2) model year and manufacturer;

(3) owner's name and street address;

(4) valid driver's license number and any other information or documentation that the program manager deems necessary; and

(5) if applicable, identification of the business and address where the re-inspection, tune-up or determination was made, including documentation acceptable to the program manager or his designee that critical parts are unavailable.

C. Time extension limitations:

(1) A time extension shall be granted only one time in the life of a vehicle and shall be for a period of up to 12 consecutive months.

(2) If a vehicle that has been granted a time extension is repaired within the first 90 days of the extension, the extension may be cancelled and not counted as the one-per-life-of-the-vehicle time extension.

(3) Time extensions shall be limited to 90 days for motor vehicles that exceed any of their maximum allowable exhaust standards as specified in Table I at Subsection A of 20.11.100.17 NMAC by more than twice the level allowed.

D. Free inspection for timely repair. Any failing vehicle repaired within 90 days of its failed test is eligible for a free retest of that vehicle at the vehicle pollution management division headquarters.

E. Inspection due following extension: Any person who owns a motor vehicle for which a time extension has been issued pursuant to 20.11.100.20 NMAC shall have that vehicle inspected within the time frame specified in the extension granted for that vehicle.

F. Expiration upon sale: If a motor vehicle is granted a time extension under 20.11.100.20 NMAC and is sold within the time extension period, the sale shall terminate the extension. The holder of the original time extension shall inform each potential buyer that the vehicle does not comply with the emissions requirements of 20.11.100 NMAC. The seller shall also inform each potential buyer that the time extension is void upon the sale and the vehicle cannot be registered unless the vehicle passes an emissions inspection.

G. Appeals: Any person aggrieved by the decision of the program manager or designee regarding a compliance time extension may appeal by petitioning the program manager in writing for reconsideration of the decision. The petition shall provide the basis for reconsideration of the decision made regarding the time extension. The program manager, at his discretion, may review the petition and record and affirm or deny the decision on the request for the time extension, or the program manager may arrange for a hearing on the record at the city of Albuquerque office of administrative hearings, to be held no later than 15 working days after receipt of the request for reconsideration. The petitioner shall submit a $50.00 fee to the office of administrative hearings, which shall set the time and place for the hearing. The hearing officer shall present written findings of fact and a recommendation of action to the program manager, who shall make the final decision and forward the findings and decision promptly to the petitioner. The final decision of the program manager may be appealed to the Albuquerque - Bernalillo county air quality control board in accordance with 20.11.81 NMAC.

N.M. Code R. § 20.11.100.20

5/20/88. . .11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11.100.20 NMAC - Rn, 20 NMAC 11.100.II.9, 10/1/02; A, 5/1/04; 20.11.100.20 NMAC - Rn & A, 20.11.100.17 NMAC, 1/1/12