N.M. Admin. Code § 20.11.100.7 - DEFINITIONS
In addition to the definitions in
20.11.100.7
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
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.
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.
Notes
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