N.M. Code R. § 20.11.100.23

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

Section 20.11.100.23 - PERFORMANCE OF CERTIFIED AIR CARE STATIONS

A. A certified air care station shall obtain and pay for routine and unscheduled maintenance and replacement parts for the approved exhaust gas analyzer.

B. A certified air care station shall accept and perform emissions inspections on all vehicles presented for inspection and shall have adequate reference manuals and basic emissions information. Emissions inspections shall not be performed on vehicles if the emissions inspection would pose a threat to any person's safety. A motor vehicle shall not be accepted for repair unless the station has adequate information regarding idle speed, idle mixture, timing, dwell, fast idle speed specifications, high altitude specifications and information describing emissions control systems, diagnostic and repair procedures, if normally available in the trade.

C. The times that a certified air care inspector will be available to conduct inspections shall be posted if inspection times do not include all hours the station is open for business.

D. Each certified air care station shall post a sign in a conspicuous location, on the exterior of the station, indicating testing hours and the fee charged for each inspection. The sign shall meet the uniform format and style requirements established by the program manager.

E. A certified air care station shall not refuse any vehicle for inspection based upon the race, color, religion, sex, national origin or ancestry, age or physical handicap or disability of the motorist, nor may the station refuse any vehicle for inspection because of the make, model or year of the vehicle.

F. Each certified air care station shall provide vehicle owners or drivers access to the inspection area so that the owner or driver can observe the official inspection. Access may be limited but in no way shall prevent full observation.

G. A certified air care station shall perform initial emissions inspection on vehicles without repair or adjustment prior to the inspection. This requirement shall not apply to a vehicle if an owner or driver specifically asks for repairs or adjustments prior to an emissions inspection, without prior suggestion or recommendation by the inspector or station owner or operator, and a work order is completed and authorized by the vehicle owner or driver.

H. Each certified air care station shall employ a sufficient number of air care inspectors so the station can adequately staff regular testing hours, as set by the air care station and approved by the program manager.

I. Each air care station shall ensure that emissions inspections are performed on every vehicle, upon presentation, unless a vehicle test poses a threat to a person's safety. An air care station that is not designated as an "inspection only" station may elect to conduct testing "by appointment only," as approved by the program manager, but shall indicate this on the station sign in lieu of posting the testing hours.

J. A person who owns or operates a certified air care station that changes the business name, ownership, official inspection personnel, or approved exhaust gas analyzers, or ceases to operate as an air care station, shall notify the program manager in writing within 10 days of the change. A certified air care station may have its certification revoked for failure to provide required notice. Relocation of an air care station, without prior review and written approval of the program manager as required, shall automatically terminate and invalidate a current station certificate.

N.M. Code R. § 20.11.100.23

5/20/88. . .11/13/91, 9/23/94, 12/1/95, 8/1/97; 20.11.100.23 NMAC - Rn, 20 NMAC 11.100.II.12, 10/1/02; A, 5/1/04; 20.11.100.23 NMAC - N, 1/1/12