N.M. Code R. § 20.11.101.17

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

Section 20.11.101.17 - REPAIR TIME EXTENSION

A. Normal Difficulty: Vehicles, which are unable to pass re-inspection, are eligible to obtain a time extension, not to exceed two years, providing the following conditions are met:

(1) Exhaust Emissions: In order for a motor vehicle to be eligible for a time extension, the owner must:

(a) Provide evidence, satisfactory to the Program Manager, that a low emissions tune-up has been performed by a Certified AIR CARE Technician, to the extent possible considering engine condition; and repair and replace nonfunctional emissions control devices.

(b) Provide evidence that any emissions control devices needed to bring the vehicle into compliance are not available.

(c) Petition the Program Manager at the Program Headquarters, provide receipts for all repair work performed, and list at least the following information in order to be eligible for consideration:

(i) vehicle VIN number,

(ii) model year and manufacturer,

(iii) owner's name and street address,

(iv) valid driver's license number or any other information or documentation that the Program Manager may deem necessary; and

(v) identification of where the re-inspection, tune-up and/or determination was made, including evidence that critical parts are unavailable if so claimed.

(2) Anti-tampering: In order for a motor vehicle to be eligible for a time extension, the vehicle must pass all criteria relative to exhaust emissions for its model year and weight. If the vehicle cannot pass the exhaust emissions, in order for a motor vehicle to be eligible for a time extension, the owner must:

(a) Provide evidence that a low emissions tune-up has been performed by a Certified AIR CARE Technician to the extent possible considering engine condition; repair and replace nonfunctional emissions control devices.

(b) Provide evidence that any emissions control devices needed to bring the vehicle into compliance are not available.

(c) Petition the Program Manager at the Headquarters, provide receipts for all repair work performed, and list at least the following information in order to be eligible for consideration:

(i) vehicle VIN number,

(ii) model year and manufacturer,

(iii) owner's name and street address,

(iv) valid driver's license number or any other information or documentation that the Program Manager may deem necessary, and

(v) identification of where the re-inspection, tune-up, and/or determination was made, including evidence that critical parts are unavailable if so claimed.

(d) Upon receipt of the petition the Program Manager may grant a time extension based upon the validity and applicability of the information provided.

(e) Time extensions for anti-tampering can be issued to the same owner for two registration cycles but are void and cannot be renewed upon sale of the vehicle. The total extensions granted shall not exceed 24 months. The holder of an original time extension must inform each potential purchaser that the vehicle has a time extension and the vehicle does not comply with the emission requirements of 20.11.101 NMAC. The seller also must inform each potential purchaser that the extension is void upon the sale of the vehicle and the vehicle cannot be registered unless the vehicle passes an emission inspection.

(f) In addition to the time extensions described above, the Program Manager has the discretion to issue time extensions for extraordinary circumstances, if consistent with the purposes of 20.11.101 NMAC, and shall report such extensions at the next Program report to the Board.

B. Inspection Due Following Extension: Any person who owns a vehicle for which a time extension has been issued shall have the vehicle inspected and passed within the time frame specified by the extension for that vehicle.

C. Appeals: Any person aggrieved by the decision of the Program Manager or the Program Manager's designee regarding a compliance time extension may appeal by petitioning the Director of the EHD. To perfect the appeal, the person aggrieved must deliver the completed form to the Headquarters within fifteen (15) consecutive days after receipt of the Program Manager's decision. Following receipt of the appeal, the Director of the EHD shall hold an administrative hearing, within fourteen (14) calendar days of receipt of the request, and report the Director's decision to the Program within 48 hours of the determination. By the end of the next working day or sooner, if reasonably possible, the Program shall report the decision of the Director of the EHD to the petitioner. The Director of the EHD will present written findings of fact and conclusions of law to the Program within 45 days, and the Program shall forward the findings and conclusions promptly to the petitioner.

N.M. Code R. § 20.11.101.17

11/16/93. . .12/1/95; 20.11.101.17 NMAC - Rn, 20 NMAC 11.101.II.6, 10/1/02