N.M. Admin. Code § 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 .
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.
Notes
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