N.M. Code R. § 20.11.101.21

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

Section 20.11.101.21 - CERTIFICATION OF AIR CARE INSPECTORS

No person shall represent him or herself as a certified AIR CARE inspector without being in possession of a duly authorized and currently valid certificate issued by the Program Manager. Certificates issued under this subsection shall be valid for 12 months unless the Program Manager requires re-certification at some shorter time as provided below in Subsection C of 20.1.101.209 NMAC.

A. Qualification Requirements for Air Care Inspectors:

(1) A person desiring to be certified shall file an application with the Program Manager on forms provided by the Program. All certificates shall be issued by the Program. Before an applicant is granted a certificate, the applicant must demonstrate the general knowledge, skill and competence required by the Program and shall meet the training and testing requirements established by the Program Manager.

(2) Knowledge, skill, and competence that an applicant must demonstrate shall include, but not be limited to, the following:

(a) general operation and purpose of emissions control systems for all types of motor vehicles,

(b) how HC and CO relate to timing and air/fuel ratio control,

(c) rules and regulations pertaining to inspection and the inspection procedures set forth in the Procedures Manual and 20.11.101 NMAC,

(d) general understanding of the benefits to vehicle owners provided in the Defect Warranty Provisions of Section 207(a) and the Performance Warranty Provisions of Section 207(b) of the Federal Clean Air Act as it applies to the inspection,

(e) ability to recognize by visual inspection the emissions control equipment for 1975 and newer vehicles, distinguishing between those required and those not required during inspection,

(f) proper use, filing, and storage of inspection forms, certificates of inspection and supplemental documents, and

(g) ability to perform an actual vehicle emissions test from start to finish,

(h) other information as the Program Manager requires.

(3) The Program may issue a certificate to the applicant when the Program Manager determines that the applicant has successfully completed the certification requirements of this Part.

(4) Individuals certified under this subsection shall inform the Program Manager within ten days of any change in legal name, employment status, or current mailing address. Failure to keep the Program Manager informed may be cause for revocation of certification. Each certified AIR CARE Inspector would be assigned a personal identification number, which will be used by the Program to correlate information in data audits.

B. Performance of Certified Air Care Inspectors: Every certified AIR CARE inspector shall follow the official procedures of the VPMP Procedures Manual and uphold the rules and regulations set forth by the Board and the Program Manager and shall do the following:

(1) at no time allow another person to use his or her certificate or personal code to perform an official AIR CARE inspection nor delegate his or her authority to another person to perform any portion of an official inspection under his or her name or personal code,

(2) accept all vehicles for emission inspection and perform inspections in an expedient manner so as to avoid unnecessary public inconvenience. However and AIR CARE inspector will not accept a vehicle for inspection if the inspection would pose a threat to any person's safety,

(3) comply with the requirements of 20.11.101 NMAC and all the regulations and official procedures established for the Program,

(4) at no time during the emissions inspections sequence attempt or allow adjustments to be performed on the vehicle being inspected until the final VIR is complete, and

(5) sign all certificates of inspection at the time of inspection.

C. Re-qualification Requirements for Certified Air Care Inspectors:

(1) The Program Manager will reissue certification to any AIR CARE inspector who demonstrates updated competency as evidenced under the then-current requirements administered by the Program. Such re-qualification shall be required upon expiration of a current annual certificate or sooner as provided below.

(a) If the Board determines a need to update the general qualifications of AIR CARE inspectors prior to the annual re-certification period, holders of such certificates may be required to re-qualify.

(b) As a result of auditing or investigating consumer complaints, a certified inspector may be required to re-qualify if the Program Manager determines that competency and related problems must be corrected in order to protect the public.

(2) Certified AIR CARE inspectors must re-qualify during the month of expiration of the then-current certification. The Program shall mail written notification to the facility or station address of record of each active certified inspector whose certificate is about to expire. The notice shall inform the inspector of the necessity for re-qualification and the nature of the skills, systems, or any updated procedures or retraining deemed necessary for performance of emissions inspections. The notice shall state the deadline for re-certification.

N.M. Code R. § 20.11.101.21

11/16/93; 20.11.101.21 NMAC - Rn, 20 NMAC 11.101.II.10, 10/1/02