N.M. Code R. § 20.11.101.7

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

Section 20.11.101.7 - DEFINITIONS

In addition to the definitions in 20.11.101.7 NMAC the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.101 NMAC shall govern.

A. "Air Care Inspection Facility" means a business operated by an Independent Contractor authorized by contract in accordance with 20.11.101.18 NMAC to inspect motor vehicles and issue certificates of inspection. Repairs shall not be performed at an AIR CARE Inspection Facility.

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 20.11.101.21 NMAC.

C. "Air Care Technician" means an individual certified in accordance with 20.11.101.18 NMAC to repair and adjust motor vehicles, which are subject to inspection pursuant to 20.11.101 NMAC.

D. "Biennial" means every other year.

E. "Chassis" means the complete motor vehicle, including standard factory equipment, exclusive of the body and cab.

F. "City" means the City of Albuquerque, a New Mexico municipal corporation.

G. "Conditioning Mode" means either a fast idle test condition or loaded test condition.

H. "County" means the County of Bernalillo, a political subdivision of the state of New Mexico.

I. "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 Section 66-1-4.4.D, NMSA 1978.

J. "Distributor" means any person who distributes or sells new or used motor vehicles to dealers and who is not a manufacturer.

K. "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.

L. "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.

M. "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.

N. "Exhaust Emissions" means carbon monoxide, hydrocarbon 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.

O. "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 which 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 emission control devices.

P. "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 facilities.

Q. "Fast Idle Test Condition" means an exhaust emission inspection conducted with the engine of vehicle running under an accelerated condition to an extent prescribed by the Program Manager.

R. "Fleet Air Care Station" means any person, business, government entity, firm, partnership or corporation which 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 20.11.101 NMAC, and not offering inspection services to its employees or the general public. The fleet must include 10 or more vehicles, which are capable of being centrally fueled.

S. "Fuel" means any material that is burned by the engine of a vehicle in order to propel the vehicle.

T. "Gross Vehicle Weight" means the weight of a vehicle without load, plus the weight of any load thereon.

U. "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.

V. "Headquarters" means the main office of the Vehicle Pollution Management Program.

W. "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.

X. "Idle Mode Test" means an unloaded exhaust emissions test conducted only at the idle condition, as described in the VPMP Procedures Manual.

Y. "Independent Contractor" means any person, partnership, corporation, or business entity with whom the Program Manager enters into a contract providing for construction, equipment, maintenance, personnel, management and operation of official AIR CARE inspection facilities.

Z. "Inspection, Re-inspection or Test" means the mandatory vehicular anti-tampering and emissions inspection conducted both visually and with equipment required by 20.11.101 NMAC.

AA. "Loaded Mode Test" means an exhaust emissions test conducted at cruise conditions as specified by 20.11.101 NMAC and in compliance with 40 CFR Part 51 Appendix B Subpart S.

BB. "Low Emissions Tune-Up" means adjustments and repairs, which 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, and

(2) checking for proper connection of vacuum lines, electrical wires, and for proper operation of pollution control devices, and

(3) checking and replacement of air breathing filters and positive crankcase ventilation valve as necessary, and

(4) replacement of spark plugs, points, wires, as necessary, and

(5) for all motor vehicles equipped with computer controlled closed-loop feedback exhaust emission control devices and systems, inspecting the operation of the emission 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.

CC. "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.

DD. "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 such in another state, territory or possession of the United States and that such transfer is the first transfer of such vehicle in ordinary trade and commerce. Every such certificate contains a space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such 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, where such exists.

EE. "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.

FF. "Motor Vehicle" means any vehicle which:

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

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

(3) is subject to registration with the New Mexico Motor Vehicle Division 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, and

(4) has a GVW greater than 1,000 and less than 26,000 pounds, and

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

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

(7) is a vehicle not otherwise exempted by 20.11.101 NMAC.

GG. "New Motor Vehicle" is a vehicle, which has undergone a transfer of ownership and is being registered for the first time to any person except in the sale to another licensed motor vehicle dealer for the purpose of resale as a new vehicle.

HH. "Operator" means driver, as defined in 20.11.101 NMAC.

II. "Owner" means a person who holds the legal title of the motor vehicle or, in the event a vehicle is the subject of an agreement for conditional sale or lease thereof 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 such conditional vendee or lessee or mortgagor.

JJ. "Pass Fail Criteria" means those standards set by 20.11.101 NMAC which specify the maximum allowable motor vehicle exhaust emissions under appropriate specified operating conditions.

KK. "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.

LL. "Program or VPM Program" means the Albuquerque/Bernalillo County Vehicle Pollution Management Program.

MM. "Program Manager" means the classified City employee selected in accordance with the provisions of the Joint Powers Agreement between the City and the County to perform for the Joint Air Quality Control Board those duties required to enforce and administer the provisions of 20.11.101 NMAC or the Program Manager's designee.

NN. "Reconstructed Vehicle" means any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts, new or used, obtained from other vehicles.

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

PP. "Shall be Inspected" means the vehicle shall be subjected to testing and inspection as applicable to model year and weight classification and shall satisfy the criteria of 20.11.101 NMAC as evidenced by the issuance of a certificate of inspection.

QQ. "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.

RR. "Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property. In addition, all vans and all other vehicles with a GVW greater than 6000 pounds shall be considered a truck.

SS. "VEGAS" means a Program-certified, garage-type; computer controlled system, which meets or exceeds the specifications adopted by the Program and is capable of testing vehicles under idle mode and loaded mode conditions.

TT. "VIR" means Vehicle Inspection Report, a Program-certified document 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).

UU. "Visible Emissions" means any fume, smoke, particulate matter, vapor or gas, or combination thereof, except water vapor or steam.

VV. "VPMP Procedures Manual or Procedures Manual" means a compilation of procedures developed by the Program Manager pursuant to 20.11.101.12 NMAC.

WW. "Wholesale" means the act of any person selling or offering for sale vehicles of a type subject to registration in New Mexico to a vehicle dealer licensed under the Motor Vehicle Code, Chapter 66 NMSA 1978, or who is franchised by a manufacturer, distributor or vehicle dealer to sell or promote the sale of vehicles dealt in by such manufacturer, distributor or vehicle dealer and does not include the act of selling a vehicle at retail as a dealer subject to the dealer-licensing provisions of the Motor Vehicle Code.

XX. "Working Gases" means Program-approved span gases maintained by an authorized AIR CARE inspection facility or fleet AIR CARE station to perform periodic calibration of approved exhaust gas analyzers.

YY. 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) EPA: means the Environmental Protection Agency.

(6) GVW: means gross vehicle weight.

(7) HC: means hydrocarbon.

(8) HP: means horsepower.

(9) LNG: means liquefied natural gas.

(10) LPG: means liquefied petroleum gas.

(11) MPH: means miles per hour.

(12) MCO: means manufacturer's certificate of origin.

(13) MVD: means the Motor Vehicle Division of the New Mexico Taxation and Revenue Department.

(14) NDIR: means non-dispersive infrared.

(15) %: means percent.

(16) PCV: means positive crankcase ventilation

(17) ppm: means parts per million by volume.

(18) VIN: means vehicle identification number.

(19)40 CFR PART 51: means the EPA Regulations for Inspection/Maintenance Programs published November 5, 1992 mandated by the Federal Clean Air Act Amendment of 1990.

N.M. Code R. § 20.11.101.7

11/16/93, 12/1/95; 20.11.101.7 NMAC - Rn, 20 NMAC 11.101.I.7, 10/1/02