N.M. Admin. Code § 20.11.103.13 - ENFORCEMENT PROCEDURES
A.
Complaints may be filed with the Department by any person who observes a motor
vehicle emitting visible air contaminant emissions in excess of that allowed by
this Part . A signed written complaint will authorize the Department to request
the owner to have his/her vehicle tested at Department facilities at no charge.
If an owner fails the Opacity Test or does not present his/her motor vehicle
for testing, in accordance with procedures set up by the Department , the
Department may take appropriate enforcement action against the owner .
B. The Department shall enter into an
agreement with the Metro Court to provide a free test for owners of motor
vehicles, which have been issued a citation by a law enforcement officer for
excessive visible air contaminant emissions. The owner will have sixty days to
bring any failing motor vehicle into compliance and present it to the
Department for testing. The Department may issue a clearance certificate to the
Metro Court after testing a vehicle, which has shown compliance with the
visible emission requirements of
20.11.103.12 NMAC .
C. The Department shall develop procedures to
audit private and government fleets stationed in Bernalillo County for
compliance with visible air contaminant emissions in accordance with this
Part .
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