N.M. Code R. § 20.11.100.7

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

Section 20.11.100.7 - DEFINITIONS

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.

II."Manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type required to be registered under the laws of the state of New Mexico.

JJ."Manufacturer's certificate of origin" or "MCO" means a certification, on a form supplied by or approved by the MVD, signed by the manufacturer, stating that the new vehicle described therein has been transferred to the New Mexico dealer or distributor named therein or to a dealer duly licensed or recognized as a dealer or distributor in another state, territory or possession of the United States, and that the transfer is the first transfer of the vehicle in ordinary trade and commerce. Every MCO contains a space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as a dealer or distributor in another state, territory or possession of the United States. The certificate also contains a description of the vehicle, the number of cylinders, type of body, engine number and the serial number or other standard identification number provided by the manufacturer of the vehicle, if the information exists.

KK."Model year" means the year of manufacture of the vehicle based on the annual production period of the vehicle as designated by the manufacturer and indicated on the title and registration of the vehicle. If the manufacturer does not designate a production period for the vehicle, then the model year means the calendar year of manufacture.

LL."Motor vehicle" means any vehicle that:

(1) is propelled by a spark ignition, internal combustion engine;

(2) has four or more wheels in contact with the ground;

(3) is subject to registration with the MVD to an owner of record who is domiciled within Bernalillo county, or is a government vehicle which is assigned to a governmental unit within Bernalillo county;

(4) has a GVW greater than 1,000 and less than 10,001 pounds;

(5) is for use upon public roads and highways;

(6) is a 1975 model year or newer; and

(7) is a vehicle not otherwise exempted by 20.11.100 NMAC.

MM."New motor vehicle" is a vehicle that has undergone a transfer of ownership and is being registered for the first time to any person, but does not include the sale to another licensed motor vehicle dealer for the purpose of resale as a new vehicle.

NN."Operator" means driver, as defined in 20.11.100 NMAC.

OO."Overt audit" means an on-site quality assurance assessment of the performance of an air care station or an air care inspector, conducted by VPMD personnel. An overt audit may also be an assessment of an air care station's emissions analyzer to ensure that the equipment is maintained appropriately and operating correctly.

PP."Owner" means a person who holds the legal title of the motor vehicle or, if the vehicle is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then "owner" means the conditional vendee, lessee or mortgagor.

QQ."Pass fail criteria" means the standards established by 20.11.100 NMAC that specify the maximum allowable motor vehicle exhaust emissions under appropriate specified operating conditions.

RR."Person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or legal representative, agent or assign.

SS."Pretesting" means the determination by an air care station or inspector, of the "pass" or "fail" status of a vehicle and providing the information to the vehicle owner prior to performing the required complete emissions test.

TT."Program" or "VPMD program" means the Albuquerque - Bernalillo county vehicle pollution management program.

UU."Program manager" means a classified city employee selected in accordance with provisions of the joint powers agreement between the city and the county to perform for the joint air quality control board the duties required to enforce and administer the provisions of 20.11.100 NMAC, or the program manager's designee.

VV."Reconstructed vehicle" means a vehicle that was assembled or constructed largely from of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, was materially altered by the removal of essential parts, new or used, derived from other vehicles or makes of vehicles.

WW."Registration and re-registration" means both original registration and renewal of motor vehicle registration as provided in the New Mexico Motor Vehicle Code, Chapter 66 NMSA 1978.

XX."Standard gases" means NIST certified emissions samples of gases maintained as primary standards for determining the composition of working gases, field audit gases, or the accuracy of analyzers.

YY."Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property. In addition, all vehicles with a GVW greater than 6,000 pounds shall be considered a truck.

ZZ. "Vehicle information database" or "VID" means a database consisting of data collected from each official inspection as specified in the EIS.

AAA."VIR" means vehicle inspection report, a program-certified document (VIR) signed by a certified air care inspector or other program authorized official stating that the vehicle described therein is either in compliance (pass), not in compliance (fail), or has an approved time extension in order to achieve compliance through additional repairs or adjustments (time-limit extension).

BBB."Visible emissions" means any fume, smoke, particulate matter, vapor or gas, or combination thereof, excluding water vapor or steam.

CCC. [Reserved]

DDD. [Reserved]

EEE."Working gases" means program-approved span gases maintained by an authorized air care inspection station to perform periodic calibration of approved exhaust gas analyzers.

FFF.Abbreviations and symbols

(1)A/F means air/fuel.

(2)ASE means the national institute for automotive service excellence.

(3)CO means carbon monoxide.

(4)CO₂ means carbon dioxide.

(5)DTC means diagnostic trouble code.

(6)EHD means the environmental health department.

(7)EIS means the emissions inspection system.

(8)EPA means the environmental protection agency.

(9)GVW means gross vehicle weight.

(10)HC means hydrocarbon.

(11)HP means horsepower.

(12)LNG means liquefied natural gas.

(13)LPG means liquefied petroleum gas.

(14)MPH means miles per hour.

(15)MCO means manufacturer's certificate of origin.

(16)MVD means the motor vehicle division of the New Mexico taxation and revenue department.

(17)NDIR means non-dispersive infrared.

(18)NIST means national institute of standards and technology.

(19)OBDII means a vehicle's on-board diagnostics second generation.

(20)% means percent.

(21)PCV means positive crankcase ventilation.

(22)ppm means parts per million by volume.

(23)VID means the vehicle information database.

(24)VIN means vehicle identification number.

N.M. Code R. § 20.11.100.7

10/12/82. . .5/20/88, 11/13/91, 8/25/92, 9/23/94, 12/1/95; 20.11.100.7 NMAC - Rn, 20 NMAC 11.100.I.7, 10/1/02; A, 5/1/04; A, 9/1/04; A, 1/1/12, Amended by New Mexico Register, Volume XXVII, Issue 16, August 31, 2016, eff. 9/10/2016