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Albuquerque SIP: Part 100 (Reg 28. Motor Vehicles Inspection) SIP effective 1995-04-14 to 2005-02-28

Regulatory Text: 
REGULATION NO. 28.  MOTOR VEHICLE INSPECTION                          
As filed with the New Mexico State Records and Archives Center on April 14, 1995. 

(Approved by EPA 06/13/96 (61 FR 29970) at 52.1620(c)(63) effective 07/15/96.) 

 Outline 

28.00  Purpose. 
28.01  Definitions. 
28.02  Applicability (Vehicles To Be Inspected). 
28.03  Inspection Procedures. 
28.04  Scheduling of Inspections. 
28.05  Inspection Criteria. 
       A.  Exhaust Emissions 
       B.  Antitampering 
       C.  Visible Emissions 
28.06  Vehicle Inspection Report. 
28.07  Repairs, Adjustments and Reinspections. 
28.08  Compliance Time Extension. 
28.09  Certification Requirements for AIR CARE Stations. 
28.10  Vehicle Pollution Management Program Fleet AIR CARE Stations. 
28.11  Vehicle Pollution Management Program Headquarters. 
28.12  Certification of AIR CARE Inspectors. 
28.13  Certification of AIR CARE Technicians. 
28.14  Exempted Special Vehicles Classifications. 
28.15  Quality Control of AIR CARE Stations. 
28.16  Specification for Approved VEGAS. 
28.17  Disciplinary Action, Suspension, or Revocation 
         of Certifications. 
28.18  Enforcement. 
28.19  Administrative Fees for Certifications. 
28.20  Savings Clause. 
28.21  Severability. 
28.22  AIR CARE Stations Choosing To Use BAR 84 Analyzers
         Until December 31, 1995. 
28.23  Effective Date of this Regulation. 


28.00   Purpose.

This regulation is adopted pursuant to the Air Quality Control Act 74-2-1 to 74-2-17 NMSA 1978, the City of Albuquerque Joint Air Quality Control Board Ordinance, Chapter 9 Article V, Part 1, et. seq. R.O. 1994; Bernalillo County Commission Joint Air Quality control Ordinance 94-5, and the City of Albuquerque and Bernalillo County Motor Vehicle Emissions Control Ordinances.  It is adopted in order to comply with the Federal Clean Air Act Amendments of 1990 and 40 CFR Part 51, which are the Environmental Protection Agency Inspection/Maintenance requirements.  It is intended to provide for the control and regulation of carbon monoxide and hydrocarbon emissions above certain levels from motor vehicles, and antitampering.


28.01   Definitions.

    A.  "AIR CARE inspection station" means a private business authorized by certificate in accordance with subsection 28.09 of this regulation 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 subsection 28.12. 

    C.  "AIR CARE Station" means both an AIR CARE inspection station and a fleet AIR CARE station.

    D.  "AIR CARE technician" means an individual certified in accordance with subsection 28.13 of this regulation to repair and adjust motor vehicles which are subject to inspection pursuant to this regulation.

    E.  "annual" mens every year.

    F.  "biennial" means every other year.

    G.  "Board" means the Albuquerque/Bernalillo County Air Quality Control Board.

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

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

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

    K.  "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.

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

    M.  "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.

    N.  "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.

    O.  "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.

    P.  "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.   

    Q.  "exhaust emission 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.

    R.  "fast idle condition" or "unloaded 2500 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.

    S.  "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.

    T.  "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 this regulation, and not offering inspection services to its employees or the general public.

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

    V.  "gross vehicle weight" means the weight of a vehicle without load, plus the weight of any load thereon.

    W.  "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.

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

    Y.  "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.

    Z.  "idle mode test" means an unloaded exhaust emissions test conducted only at the idle condition, as described in the VPMP Procedures Manual.  

    AA.  "inspection" or "reinspection" or "test" means the mandatory vehicular antitampering and emissions inspection conducted both visually and with equipment or chemical sensing devices as required by this regulation.

    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; 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 this regulation.

    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 this regulation.

    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 this regulation 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 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 those duties required to enforce and administer the provisions of this regulation, 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, derived from other vehicles or makes of vehicles.

    OO.  "registration" and "reregistration" mean 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 this regulation as evidenced by the issuance of a certificate of inspection.

    QQ.  "standard gases" means National Institute of Standards and Technology (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 vehicles with a GVW greater than 6000 pounds shall be considered a truck.

    SS.  "VEGAS" means a Program-certified, garage-type, computer controlled NDIR Vehicle Exhaust Gas Analyzer System which is capable of performing a preconditioned two speed idle test on vehicles as required by 40 CFR Part 51 appendix B to Subpart S and meets or exceeds the specifications adopted by the Program. 

    TT.  "VIR" means Vehicle Inspection Report, a Program-certified document (Vehicle Inspection Report) 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 subsection 28.03.

    WW.  "wholesale" means either 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 any person 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, but 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 station to perform periodic calibration of approved exhaust gas analyzers.

    YY.   abbreviations and symbols used herein shall represent the following:

        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 liquified natural gas

        10.  "LPG" means liquified 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 nondispersive 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 in the Federal Register on November 5, 1992 and mandated by the Federal Clean Air Act Amendments of 1990.


28.02  Applicability (Vehicles To Be Inspected).

All motor vehicles, as defined in subsection 28.01, shall be inspected for compliance with the requirements of this regulation unless otherwise exempted.  A vehicle shall not be registered or re-registered until the vehicle has passed the emissions inspection, tampering inspection, and visible emissions inspection prescribed by Section 28.05 of this regulation or the Program has issued a time extension for repairs of the vehicle.

    A.  Federal Installations.  Vehicles which are operated on federal installations located in Bernalillo County shall comply with this regulation whether or not the vehicles are registered in New Mexico or Bernalillo County.  The inspection requirement applies to all employee owned or leased vehicles as well as agency operated vehicles.  The inspection requirements for federal installations are mandated by 40 CFR Part 51.

    B.  Fleet Vehicles.  Fleet vehicles which are registered outside of Bernalillo County but are primarily operated in Bernalillo County shall comply with this regulation. The inspection requirements for fleet vehicles is mandated by 40 CFR Part 51.

    C.  Contiguous Municipalities and Counties.  If the Program enters into a joint powers agreement with a contiguous municipality or county to extend the enforcement of this regulation, all vehicles registered in that municipality or county must comply with this regulation.

                                                                      
28.03   Inspection Procedures.

    A.  VPMP Procedures Manual.

        1.  The Program Manager shall develop an official document, entitled VPMP Procedures Manual, outlining in sufficient detail the procedures necessary for a certified AIR CARE station, a certified AIR CARE inspector and a certified AIR CARE technician to comply with all applicable requirements of this regulation.  Upon approval by the Air Quality Control Board, the Program Manager shall publish the official VPMP Procedures Manual and, within ten days of publication, provide notice of its availability.

        2.  The procedures, details and specifications contained in the VPMP Procedures Manual will be a part of and incorporated into this regulation and shall be binding upon each AIR CARE inspection station, AIR CARE station owner/operator, AIR CARE inspector and AIR CARE technician.

        3.  The Procedures Manual shall be amended as needed and kept updated by the Program Manager.  Notice of amendments to the Procedures Manual shall be provided by the Program Manager, with copies made available to the users.  It is the responsibility of each AIR CARE station owner/operator to obtain and incorporate all amendments made available by the Program Manager.  Each AIR CARE station shall maintain at least one current copy of the VPMP Procedures Manual at each AIR CARE inspection station. 

        4.  If a provision of the Procedures Manual conflicts with a provision of this regulation, the provision of this regulation will prevail.

    B.  Vehicle Tests.

        1.  To determine if a motor vehicle is in compliance with this regulation all inspections shall be performed in strict accordance with this regulation and the VPMP Procedures Manual. Each vehicle shall be inspected at an AIR CARE station by an AIR CARE inspector.  All items shall be tested to completion with reports of outcomes provided to the motor vehicle owner.

            a.  Vehicles with an engine other than the engine originally installed by the manufacturer or an identical replacement of such an engine shall be subject to the inspection procedures and standards for the chassis type, GVW, and model year of the vehicle.

            b.  Assembled vehicles or kit cars shall meet the standards and emission control equipment as requirements for the year of the vehicle engine. If the vehicle is assembled with pre-1975 engine, testing is not required, but the vehicle owner must petition the Program Manager for an exemption from emission inspections.

        2.  Exhaust gas emissions measurements.

            No emissions inspection required by this regulation shall be performed unless the instrument used for measuring exhaust gases from the motor vehicle is an approved VEGAS.

            a.  Vehicle operating condition.

                (1)  Prior to this portion of the inspection, the entire vehicle shall be in normal operating condition as specified by the emissions tuneup label originally installed on the vehicle or as specified in the VPMP Procedures Manual. Motor vehicles equipped for simple selection of alternate fuel supplies, switching between gasoline and any compressed or liquified gaseous fuel, shall be inspected using the fuel in use when presented for inspection.

                (2)  All motor vehicles subject to this regulation shall be required to take and pass a preconditioned two speed idle test as outlined in appendix B to Subpart S of 40 CFR part 51 and the VPMD Procedures Manual.  The test procedure will include a first and second chance test at both idle and at the unloaded 2500 RPM test. If the vehicle passes both emission tests, it shall be deemed in compliance with minimum emissions standards unless the vehicle fails the tampering or visible emissions inspection required by this regulation.

                (3)  No test shall commence if there are apparent leaks in the motor vehicle's exhaust system that will cause the exhaust analyzer to invalidate the test.

                (4)  Pattern failure notices issued by EPA shall be maintained by the AIR CARE station and AIR CARE inspector in an up-to-date file for reference to unusual pretest conditioning.

            b.  Pretest.

                Vehicles presented to an AIR CARE station for inspection shall not be pretested by having manual diagnostic emissions analysis or visual examination for tampering performed prior to the beginning of the inspection.  This shall not prohibit diagnostic engine analysis service of vehicles when specifically presented for such, before emission testing.

            c.  Exhaust emissions inspection.

                The exhaust emissions inspection shall proceed as specifically described in 40 CFR Part 51 Appendix B to Subpart S and the VPMP Procedures Manual.

            d.  Selection of appropriate pass/fail emissions inspection criteria. 

                The appropriate pass/fail criteria will be selected automatically by the approved VEGAS.

        3.  Visual examination for tampering.

            The certified Air Care inspector shall determine specifically what emissions control devices should be in place and operable for each vehicle inspected.  This shall be done by consulting the emissions control information sticker under the hood and checking a reference manual or applications guide which states how the vehicle was equipped as manufactured and/or certified for sale or use within the  United States.  Specific design and equipment elements necessary in antitampering determinations shall only include catalytic converter, air injection reaction system, oxygen (O2) sensor and fuel filler restrictor.

        After completion of the antitampering inspection, the inspector shall proceed with  visible emissions testing as follows in 28.03.B.4, below.

        4.  Visible Emissions Requirements.

            In addition to exhaust and tampering requirements of this regulation, all vehicles are subject to and must pass inspection for visible emissions (smoke).  Non-diesel vehicles may not emit any continuous visible emissions for a period greater than two consecutive seconds.

                                                                      
28.04   Scheduling of Inspections.

    A.  Every motor vehicle, as defined in subsection 28.01, shall be inspected biennially when the owner is so notified or otherwise informed by MVD, unless the conditions described in section 28.22 require annual inspection.  The MVD will distribute notices or other appropriate information to owners of vehicles applying for reregistration in accordance with the written agreement made with the Program Manager.  Vehicles shall also be inspected upon sale or when titles are transferred.  Any person who believes he/she has a vehicle for which he/she has been erroneously notified of inspection may petition the Program Manager to correct such error.

    B.  Vehicles Unavailable for Inspection.

        Motor vehicles which are unavailable for inspection may be granted an extension of inspection if authorized by the Program Manager.  Persons seeking such extension may petition the Program Manager by submitting a signed affidavit justifying the special need and by providing other necessary documentation as required by the Program Manager. 

    C.  Federal, State and Local Government Vehicles.

        Each motor vehicle operated in Bernalillo County which is owned or leased by the United States Government, the State of New Mexico or any local government entity shall be inspected biennially.

        Scheduling vehicles under this subsection shall be established by the resposistent with the scope and goals of this regulation.

        Persons who are responsible for such government fleet vehicles or motor pools shall periodically, but not less than annually, update the vehicle inventory and forward the resulting inspection plan with inventory to the Program Manager. 


28.05   Inspection Criteria.

Failure to pass any one of the applicable criteria specified in subsections A. exhaust emissions, B. anti-tampering, and C. visible emissions below shall constitute noncompliance with this regulation and a fail Vehicle Inspection Report shall be issued.

    A.  Exhaust Emissions.

    Any motor vehicle which is determined to emit quantities (rates) of carbon monoxide and hydrocarbons greater than those listed in Table I appropriate to model year and weight classification listed shall be FAILED and those with emission rates equal to or lower than the applicable amounts shall be PASSED under this subsection.

TABLE I

Maximum Allowable Exhaust Emissions
-----------------------------------
            Gross Vehicle                          UNLOADED 
              Weight                IDLE MODE   2500 RPM TEST
  Vehicle     Rating         GROUP   HC    CO      HC    CO
Model Year   (pounds)         CODE  PPM     %     PPM     %

1975-1976   0 to 6000         C/T   700   6.0     700   6.0

1977-1978   0 to 6000         C/T   600   5.0     600   5.0

1979-1980   0 to 6000         C/T   500   4.0     500   4.0

1981-newer  0 to 6000         C/T   220   1.2     220   1.2


1975-1978   6001 to 8000       LT   900   6.0     900   6.0

1979-1980   6001 to 8000       LT   750   4.5     750   4.5

1981-1982   6001 to 8000       LT   650   2.7     400   3.0

1983-newer  6001 to 8000       LT   400   1.2     300   3.0

1975-1980   8001 to 10,000     MT   950   6.5     950   6.5

1981-1983   8001 to 10,000     MT   800   5.4     450   3.5

1984-newer  8001 to 10,000     MT   630   4.0     400   3.0


1975-1980   10,001 to 25,999   HT   950   6.5     950   6.5

1981-1986   10,001 to 25,999   HT   800   5.5     500   3.5

1987-newer  10,001 to 25,999   HT   440   2.0     400   3.0


Note:  These criteria will be reviewed by the Board annually pursuant to the Urban Implementation Plan for Albuquerque/ Bernalillo County. Adjustments will be promulgated as appropriate. 

    B.  Antitampering.

        Motor vehicles subject to this regulation shall be inspected for the presence and proper connections of original design features and components designed to reduce CO and HC exhaust emissions.  The features  and components are as follows:

        1.  Catalytic converter;

        2.  Oxygen sensor;

        3.  Fuel filter neck restrictor; and

        4.  Air pump or air aspiration system as applicable.

        Any vehicle with such features or components removed or rendered inoperative shall be FAILED under this subsection.  If no tampering is evident with these components or systems, this portion of the inspection shall be PASSED.

        Vehicles which have had the original engine removed and replaced may be eligible for a waiver of compliance with portions of this subsection.  The Program Manager or designee shall determine if a vehicle has been retrofitted with an engine that is not adaptable to the emission control requirements for the vehicle chassis model year.  Upon such determination, the Program Manager may waive the requirements for replacement of emission control equipment.  There shall be no waiver for the installation of a catalytic converter or fuel filler neck restrictor unless the Program Manager determines installation would create a safety hazard.

    C.  Visible Emissions (Smoke). 

        All non-diesel vehicles subject to inspection must pass an inspection for visible emissions. The inspection for visible emissions shall be conducted after the anti-tampering inspection and prior to the exhaust measurement inspection.

        1.  The vehicle must be placed in neutral gear with the parking brake secured and all accessories off.

        2.  The engine speed shall be raised to approximately 2000 RPM and held constant for 10 seconds.

        3.  If visible emissions are emitted for a period of two consecutive seconds, the vehicle shall FAIL this portion of the inspection.


28.06   Vehicle Inspection Report.

    A.  Vehicle Inspection Reports (VIRs) shall only be purchased at Program Headquarters.  Unused VIRs shall not be exchanged, sold or given by any person to any other person.  All unused VIRs which, a person, does not intend to use shall be turned in to the Headquarters for credit or a refund, as the Program Manager determines is appropriate.

    B.  A pass Vehicle Inspection Report (VIR) shall be issued to each motorist whose vehicle has undergone inspection and passed all criteria relative to exhaust emissions, antitampering and visible emissions as applicable.  A fail VIR shall be issued to each motorist whose vehicle has undergone inspection and failed any of the criteria relative to exhaust emissions, antitampering and visible emissions as applicable.  Vehicles which have failed any portion of an inspection and have been subsequently repaired and adjusted and passed a reinspection shall be issued a pass VIR.  Pass VIRs shall be presented to the MVD upon reregistration of the vehicle.


28.07   Repairs, Adjustments and Reinspections.

    A.  Each motor vehicle that fails an inspection required by this regulation shall be repaired as necessary to pass reinspection.  Where replacement of parts is required, such parts shall only be new aftermarket parts approved by the Program Manager or new original equipment, manufacturer's parts or assemblies. 

        Repairs required by this subsection shall include but are not limited to, the following as applicable to the type of failure.

        1.   Exhaust Emissions - adjust idle speed, fuel/air ratio and ignition timing to manufacturer's specifications including replacement of spark plugs, spark plug wires, air filters and PCV specified by the manufacturer.

        2.   Antitampering - replace the missing or disabled components with replacement parts.

        3.   Visible Emissions - Repair engine or replace inoperative emission control devices as required to eliminate visible emissions.  Repairs may include replacement of valves, rings, pistons, PCV, or EGR systems.

    B.  Any person may repair, adjust or replace parts as necessary to prepare a vehicle to pass reinspection.

    C.   Reinspections may be obtained at any AIR CARE station. One free retest, within 90 calendar days of a failed test, may be obtained at the Program Headquarters, if requested. 


28.08   Compliance Time Extension.

    A.  Normal Difficulty.
        Vehicles which are unable to pass reinspection are eligible to obtain a time extension 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 tuneup has been performed 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 Program Headquarters, provide receipts for all parts and/or repair work performed, and list at least the following information in order to be eligible for consideration.

                1.  Vehicle VIN number;

                2.  Model year and manufacturer;

                3.  Owner's name and street address;

                4.  Valid driver's license number and/or any other information or documentation that the Program Manager may deem necessary; and

                5.  Identification of where the reinspection, tuneup and/or determination was made, including an affidavit that critical parts are unavailable if so claimed.. 

        2.   Antitampering - 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 can not 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 tuneup has been performed 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 parts and/or repair work performed, and list at least the following information in order to be eligible for consideration.

                1.  Vehicle VIN number;

                2.  Model year and manufacturer;

                3.  Owner's name and street address;

                4.  Valid driver's license number and/or any other information or documentation that the Program Manager may deem necessary; and

                5.  Identification of where the reinspection, tuneup, and/or determination was made including an affidavit that critical parts are unavailable if so claimed.
        Time extensions for antitampering can be issued to the same owner for two registration cycles but are void and cannot be renewed upon the sale of the vehicle.  The total extensions granted shall not exceed 24 months.  The holder of the original time extension must inform each potential buyer that the vehicle does not comply with the emission requirements of this regulation.  The seller must also inform each potential buyer that the time extension is void upon the sale and the vehicle cannot be registered unless the vehicle passes an emissions inspection.

        Upon receipt of the petition the Program Manager may grant a time extension based upon the validity and applicability of the information provided.

    B.  Time Extensions for Repairs.

        Vehicles which require repair in addition to a low emission tuneup may be eligible for time extensions as specified below.

        1.   12 month extension for repairs up to $300; or

        2.   24 month extension for repairs over $300.

    The vehicle owner must petition the Program Manager for a time extension for repairs.  In addition to the time extensions described above, the Program Manager has the discretion to issue time extensions for extraordinary circumstances and shall report such extensions on the next Program report to the Board.

    C.  Inspection Due Following Extension.

            Any person owning a motor vehicle for which a time extension has been issued pursuant to this section shall have that vehicle inspected within the time frame specified by the extension for that vehicle.

    D.  Expiration Upon Sale.

            If a motor vehicle is granted a time extension under this section and is sold within the time extension period, such sale shall terminate the extension.

    E.  Appeals.  

            Any person aggrieved by the decision of the Program Manager or designee regarding a compliance time extension may appeal by petitioning the Director of the Environmental Health Department (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 request for hearing, the Director of the Environmental Health Department shall report his or her 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 Environmental Health Department to the petitioner. The Director of the Environmental Health Department will present written findings of fact and conclusions of law to the Division within 45 days, and the Program shall forward the findings and conclusions promptly to the petitioner. 


28.09  Certification Requirements for AIR CARE Stations.

    A.  No person shall solicit, advertise or imply that a facility is an AIR CARE station certified by the Program Manager to conduct inspections pursuant to this regulation without having a current Program-issued certificate on display on the premises.  Any AIR CARE inspection station that has its certification permanently or temporarily, withdrawn or canceled by the Board or the Program Manager shall immediately remove all inspection related signs and cease to represent the facility as a certified AIR CARE station.

    B.  No AIR CARE station owner or operator shall allow a person to conduct any part of an inspection pursuant to this regulation without that person being an AIR CARE inspector certified by the Program Manager and having a current Program-issued certificate on display on the premises.

    C.  Any person may make application for certification for the operation of an AIR CARE station.

    D.  Prior to construction, installation or renovation of any facility or building intended for use as an AIR CARE station, the owner/operator must have submitted an application and received pre-approval to operate the facility as an AIR CARE station.  The applicant shall also provide information on traffic flow and how it will be managed to prevent unsafe conditions.  The applicant shall also indicate how and where the customer may view the vehicle inspection from start to finish.

    E.  The Program Manager may issue a station certificate to a person who makes application and demonstrates to the Program Manager's satisfaction the following minimum conditions will be in effect and equipment will be present at the applicant's proposed AIR CARE station:

        1.  At least one certified AIR CARE inspector whose certification is current and listed with the Program Manager will be on hand and will conduct all the inspections of motor vehicles.  No such inspection will be performed in whole, or in part, by any person other than a certified AIR CARE inspector.

        2.  At least one approved VEGAS owned or leased by the station will be in place and operating within the equipment specification limits set forth in Section 28.16 of this regulation.

        3.  In order to qualify for certification, the facility shall also be equipped and supplied as follows:

            a.  Sufficient hand tools and automotive diagnostic equipment for proper performance of the inspections;

            b.   Program approved span gas and compatible equipment for performing gas span checks;

            c.   Suitable nonreactive tail pipe extenders or probe adapters for inspecting vehicles with screened or baffled exhaust systems; and

            d.  The approved VEGAS manufacturer's maintenance and calibration manual.

        4.  The AIR CARE station must provide the vehicle owner or driver access to the test area so observation of the entire official inspection process is possible. Access may be limited but in no way shall prevent full observation from beginning to end.

        5.  The Program Manager may deny certification to a facility that:
            a.   Does not comply with all applicable federal, state and local laws and regulations; or 

            b.   Does not provide for a dedicated inspection area inside the facility that is large enough to accept all vehicles presented for inspection; or

            c.   Does not provide for adequate traffic flow; or

            d.   Does not provide adequate viewing access by the vehicle owner or driver or for surveillance by Program auditors.

        6.   Certified AIR CARE station owners/operators shall be responsible for the general management of their facility(ies) and for the supervision of their AIR CARE inspectors and technicians in accordance with this regulation, the VPMP Procedures Manual and other procedures and policies of the Program.

    F.  "Emissions Inspection-Only" stations may be authorized by the Program Manager.  Such stations shall indicate on a sign authorized by the Program and placed in a readily visible location, that no emissions related adjustments or repair services are available.  Repair related requirements of this regulation Section 28.09. G.2 do not apply to "Inspection-Only" stations. 

    G.  Performance of Certified AIR CARE Stations.

        1.  A certified AIR CARE station will obtain and pay for routine and unscheduled maintenance or replacement parts of the approved exhaust gas analyzer. 

        2.  The certified AIR CARE station will accept and perform emissions inspections on all vehicles presented for inspection and must  have adequate reference manuals and basic emissions information in accordance with the VPMP Procedures Manual.  Emissions inspections will not be performed on vehicles when the emissions inspection would pose a threat to any person's safety.  Any motor vehicle accepted for repair shall be one for which the station has adequate information regarding idle speed, idle mixture, timing, dwell, fast idle speed specifications, high altitude specifications and information describing emissions control systems, diagnostic and repair procedures if normally available in the trade.

        3.  The times that a certified AIR CARE inspector will be available to make inspections shall be posted if such times do not include all hours the station is open for business.

        4.   Each certified AIR CARE station shall post a sign in a conspicuous location, on the exterior of the station, indicating the fee charged for inspections. The sign shall meet the uniform format and style requirements established by the Program Manager. 

        5.   A certified AIR CARE station may not refuse any vehicle for inspection based upon the race, color, religion, sex, national origin or ancestry, age or physical handicap or disability of the motorist, nor may the station refuse any vehicle for inspection because of the make, model, or year of the vehicle.

        6.  Each certified AIR CARE station shall provide vehicle owners or drivers access to the inspection area so that the owner or driver can observe the official inspection.  Access can be limited but in no way shall prevent full observation.
        7.  A certified AIR CARE station shall perform initial emissions inspection on vehicles without repair or adjustment prior to the inspection.  This does not apply to a vehicle when an owner or driver specifically ask for repairs or adjustments prior to an emissions inspection and a work order is completed and authorized by the vehicle owner or driver.

        8.  Each certified AIR CARE station must employ a sufficient number of AIR CARE inspectors so that it can adequately staff regular testing hours, as set by the AIR CARE Station and approved by the Program Manager.

        9.   Each AIR CARE station must insure that emissions inspections are performed on every vehicle, upon presentation, unless a vehicle test poses a threat to a person's safety.

    H.  Any person owning or operating a certified AIR CARE station which undergoes change of business name, ownership, official inspection personnel, or approved exhaust gas analyzers, or ceases to operate as an AIR CARE station, shall notify the Program Manager within ten days of such change.  Any certified AIR CARE station may have its certification revoked for failure to provide such notice. Relocation of an AIR CARE station, without review and written approval of the Program Manager being required, shall automatically terminate and invalidate a current station certificate.


28.10  Vehicle Pollution Management Program Fleet AIR CARE Stations.

No individual or business shall represent itself as a certified fleet AIR CARE station without being in possession of a duly authorized and currently valid certificate issued by the Program Manager.

Any person may apply for authorization for an AIR CARE station authorized by the Program to perform inspections under this regulation for the purposes of fleet inspection of a company or corporate business, or governmental fleet.  These stations shall not offer or provide  the inspections to the company's employees or the general public.  Fleet AIR CARE stations shall be equipped and operated subject to the same quality assurance requirements as a certified AIR CARE station.  The sign requirements of paragraphs 28.09 G3 and G4 are waived in such a facility.  The fee for authorization of such station shall be the same as for a certified AIR CARE station. 

Notwithstanding the above, any person with a fleet may contract with any certified AIR CARE station to provide inspections needed to satisfy this regulation.


28.11   Vehicle Pollution Management Program Headquarters.

The Program Manager shall establish and maintain a Vehicle Pollution Management Program headquarters, to be an emissions inspection facility equipped with at least one Program certified VEGAS from each manufacturer participating in the Program, and employing at least two ASE certified technicians.  The facility shall be operated by the City to provide services to the public and as necessary to facilitate Program responsibilities and administer the provisions of this regulation. 

The Headquarters shall have, but not be limited to, the following responsibilities:

    A.  Provide for non-binding mediation of disputes arising from inspection activities by certified AIR CARE stations or certified AIR CARE inspectors or certified AIR CARE technicians, to include if necessary a verification test at no cost to the person requesting such test.

    B.  Evaluate and issue a compliance time extension for vehicles unable to pass the inspection test criteria as provided under the terms of this regulation.

    C.  Investigate and maintain records regarding complaints against certified AIR CARE stations, certified AIR CARE technicians and certified AIR CARE inspectors, and forward such findings to the Board.

    D.  Perform quality assurance audits as required by Section 28.15 of this regulation.


28.12   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 recertification at some shorter time as provided below in 28.12C.

    A.  Certification 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.  The issuance of certificates shall be administered by the Program. Before an applicant may be granted a certificate, the applicant must demonstrate general knowledge, skill and competence requirements under the Program and in accordance with training and testing requirements set forth 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 procedures set forth in the Procedures Manual and this regulation;

            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 requiring inspection;

            f.  Operation and proper use, care, maintenance, and gas span checking of the approved exhaust gas analyzers;

            g.  Proper use, filing and storage of inspection forms, certificates of inspection and supplemental documents; and

            h.  Ability to perform an actual emissions inspection from start to finish.

            i.  Other information as the Program Manager requires.

        3.  The Program may issue a certificate to the applicant when the Program Manager determines that there has been successful completion of the certification requirements of this regulation.

        4.  Persons certified under this subsection shall inform the Program Manager within ten days of any change in legal name, employment status or current mailing address.  Each certified inspector will be assigned a personal identification number which will be checked for correlation in data audits of the Program.  Failure to keep the Program Manager informed may be cause for revocation of certification.

    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 enter into an approved exhaust gas analyzer nor will he or she delegate his or her authority to another person to perform any official inspection or any part of an inspection under his or her name or personal identity code;   

        2.  Accept all vehicles for emission inspection and perform the emissions inspections in an expedient manner in order to avoid unnecessary public inconvenience.  However, an AIR CARE inspector shall  not accept any vehicle for inspection if the inspection would pose a threat to any person's safety;

        3.  Refrain from deviation from this regulation and official procedures established for this 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 Vehicle Inspection Report is complete; and

        5.  Sign all certificates of inspection at the time of inspection.

    C.  Recertification 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 recertification 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 recertification period, holders of such certificates may be required to requalify.

            b.  As a result of auditing or investigating consumer complaints, a certified inspector may be required to recertify 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 recertify during the month of expiration of a current certification.  The Program shall mail written notification to the station address of record of any active certified inspector whose certificate is about to expire or is otherwise being revoked.  The notice shall inform the person of the necessity for recertification and the nature of such skills, systems, or any updated procedures or retraining deemed necessary to perform emissions inspections.  The notice shall state the deadline for recertification.


28.13   Certification of AIR CARE Technicians.

No person shall represent him or herself as a certified Air Care technician 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 subsequently requires recertification sooner for a reason provided below in Section 28.13 B.

    A.  Certification Requirements for AIR CARE Technicians.

        1.  A person desiring to be certified shall file an application with the Program Manager on forms provided by the Program.  The issuance of certificates shall be administered by the Program. Before an applicant may be granted a certificate, the applicant must demonstrate general knowledge, skill and competence requirements under the Program and in accordance with training and testing requirements set forth by the Program Manager.

        2.  The competency test required by this section shall include, but not be limited to, knowledge of the following: 

            a.  The use of a Program-approved emissions systems reference guide, which must be on hand at the AIR CARE station and be followed during repairs and adjustment of systems.

            b.  Basic understanding of possible causes and effects of timing and air/fuel ratio on emissions.

            c.  The need, when applicable, for high altitude adjustments to be employed in manufacturer's specifications. 

            d.  The regulatory constraints on vehicles for
which special time extensions may be needed.

            e.  How to use on board diagnostics, latest shop diagnostic tools and instruments available to automotive emissions technicians.

            f.  The provisions of the Emissions Control Systems Performance Warranty provided as required by Section 207(b) of the Federal Clean Air Act as it applies to the inspection.

            g.  The emissions control equipment for 1975 and newer vehicles that are essential to satisfy this regulation, and the ability to recognize equipment which is not necessary to repair or adjust so the motorist's adjustment costs can be kept at a minimum.

            h.  The regulations and procedures under which the Program operates.

        3.  Persons certified under this subsection shall inform the Program Manager within ten days of any change in legal name, employment status, or current mailing address.  Each certified technician will be assigned a personal identification number which will be checked for correlation in data audits of the Program.  Failure to keep the Program Manager informed may be cause for invalidation of certification.

        4.  The Program Manager may waive those portions of the test described above in a, b, c, e, and g of Section 28.13 A.2 upon the applicant's submittal and the Program's acceptance of current certification in engine repair and engine performance from the National Institute of Automotive Service Excellence, or other nationally recognized automotive certification authority, or a showing of equivalent education and experience in emission control, testing and engine repair, as determined by the Program Manager.

    B.  Recertification Requirements for certified AIR CARE Technicians.

        1.  The Program Manager will reissue certification to an AIR CARE technician who demonstrates updated competency as evidenced in then-current requirements administered by the Program. Such recertification shall be required either at the expiration of a current annual certificate or sooner as provided below.

            a.  If the Board determines a need to update the qualifications of AIR CARE technicians prior to the annual recertification period, holders of such certificates may be required to requalify.

            b.  As a result of auditing or investigating consumer complaints, a certified AIR CARE technician may be required to recertify if the Program Manager determines that a competency related problem must be corrected in order to protect the public.  

        2.  Certified AIR CARE technicians must recertify within ninety (90) days prior to the date of expiration of a current certification.  The Program shall mail written notification to the station address of record to each active technician whose certificate is about to expire or is otherwise being revoked.  The notice shall inform the person of the necessity for recertification and the nature of such skills, systems or any updated procedures or retraining deemed necessary for performance of adequate emissions repairs.  The notice shall state the deadline for recertification. 


28.14   Exempted Special Vehicles Classifications.

    A.  Motor vehicles with a gross vehicle weight less than 1,000 pounds shall be exempt from this regulations.

    B.  All new motor vehicles shall be exempt from inspection only during the initial registration period first following the date of the Manufacturer's Certificate of Origin (MCO). 

    C.  Vehicles which are fueled by a mixture of gasoline and oil for purposes of lubrication are exempt from inspection.

    D.  Miscellaneous vehicles that shall also be exempt from inspection under this regulation are the following:
        1.  Motor vehicles that are used for legally sanctioned competition and not operated on public streets and highways.

        2.  Implements of husbandry, or road machinery not regularly operated on public streets and highways.

        3.  Other vehicles which are not regularly operated on public streets and highways after making a proper showing to demonstrate such to the Program Manager.

        4.  Diesel and electric powered vehicles.

        5.  Vehicles leased by a leasing company whose place of business is Bernalillo County, to a person who resides outside of Bernalillo County. However an exemption shall not be granted if the person resides in an area which has an EPA-required vehicle inspection program.

        6.  Vehicles manufactured during or before model year 1974.

        7.  Vehicles sold between licensed dealers. 


28.15   Quality Control of AIR CARE Stations.

    A.  The Program shall conduct announced and unannounced quality assurance audits of each certified AIR CARE station as ordered by the Program Manager.  The duties of the auditor shall include but not be limited to the following:

        1.  Verify that the equipment, reference materials and staffing agree with the information on file with the Program Manager.

        2.  Check the accuracy of data entry and production of the final inspection reports furnished to motorists.

        3.  Perform a complete quality assurance survey on the analyzer, the calibration gas system, and automatic zero-span performance in relation to the specifications and requirements of this regulation.

        4.  The field audit gases for standardizing approved analyzers used for inspections shall conform to the provisions outlined in 40 CFR, Part 86, Subpart B114 for automotive exhaust emissions testing.  Those gases shall be of "precision" quality, certified to be within +1% of the labeled concentration, and certified by the National Institute of Standards and Technology (NIST).

        5.  Examine the service contract for the analyzer to assure proper lockout controls, data record capture and response in case of trouble.

    B.  The Program shall perform audits without offering official credentials or identification by submitting any motor vehicle for inspection so as to examine the station operation under actual conditions.  Such inspection vehicles may be offered at random times in a condition involving intentional maladjustment, or intentionally removed or rendered inoperative emissions control components.  The results of such audits by the Program will provide data for assessing the performance of the certified AIR CARE station and its adherence to the requirements of this regulation and the VPMP Procedures Manual.


28.16   Specification for Approved VEGAS.
   
    A.  Performance and Design Specifications for the VEGAS. 

    The Program Manager shall establish the specifications for the VEGAS which shall be used exclusively by all stations which have been certified by the Program to perform emission inspections.  The specifications shall be consistent with those required in 40 CFR Part 51 Appendix B subpart S and shall include, but are not limited to, operation by internal computer controlled logic, automatic data collection, service and maintenance requirements for replacement or loan analyzers and warranty for the period of an agreement with the station.  The VEGAS shall be able to perform an idle mode test and an unloaded 2500 RPM test.  The VEGAS shall provide second chance capabilities for both tests.  The specifications shall be described in a separate document and shall be made available by the Program upon request.  A list of vendors for the approved VEGAS will be published by the Program Manager.

    B.  The Program Manager will establish specifications for the exhaust gas analytical and sampling system portion of the approved VEGAS.  The manufacturers' compliance with the revisions and additions to the specifications necessary for use of the instrument within the Program area will be determined by the Program Manager. 

    C.  Applications for Approval of Vehicle Exhaust Gas Analyzer Systems.

        1.  Those manufacturers seeking to become a vendor of approved VEGAS shall make application to the Program Manager on forms provided by the Program.  Only manufacturers which can offer an analyzer which meets the requirements as specified by the Program Manager shall be allowed to participate as a vendor.

        2.   A manufacturer requesting the approval of an analyzer for the measurement of exhaust gases for use in the Program shall make application with the Program Manager on forms provided by the Program.  All manufacturers making application shall meet the applicable technical specifications and administrative requirements specified by the  Program Manager prior to approval.

    D.  Working Span Gases.

        1.  General.

        The VEGAS manufacturer and its designated marketing vendors shall, on request, supply span gases approved by the Program to any ultimate purchaser of its unit.  The VEGAS manufacturer shall also provide the analyzer purchaser with a comprehensive, up-to-date list with addresses and phone numbers gas blenders approved by the Board.  Each new or used VEGAS sold or leased by the instrument manufacturer or marketing vendor shall have a full span gas container installed and operational at time of delivery if the VEGAS is designed to incorporate an integral span gas supply.

        2.  Span Gas Blends. 

        The span gas concentrations supplied with VEGAS used by certified AIR CARE stations shall conform to the specifications developed pursuant to this subsection.

    E.  VEGAS Performance Characteristics.
        1.  Optical Correction Factor sometimes referred to as "C" factor or "propane to hexane conversion factor":

            Each approved VEGAS shall be permanently labeled with its correction factor, carried to at least two decimal places.  Factor confirmation shall be made on each assembled VEGAS by measuring both N-hexane and propane on assembly line quality checks.

        2.  Changes and Equipment Updates.

            No changes in design or performance characteristics of component specifications which may affect VEGAS performance will be allowed without the Program Manager's approval.  It will be the VEGAS manufacturer's responsibility to confirm that such changes have no detrimental effect on VEGAS performance.  All approved VEGAS shall be updated as needed and specified in the specifications document.

    F.  Documentation, Logistics and Warranty Requirements.

        An instruction manual shall accompany each VEGAS and shall contain at least the following:

        1.   Complete technical description;

        2.   Functional schematics (mechanical and electrical);

        3.   Accessories and options;

        4.   Model number, identification markings and location;

        5.   Operating maintenance to include recommended periodic cycles and procedure for maintaining sample system integrity (leaks, hangup, calibration, filters, etc.);

        6.   Required service schedule, identifying the items needing maintenance and the procedures to be followed by the purchaser or lessor. The services to be performed only by the manufacturer shall be clearly identified;

        7.   Warranty provisions to include listing of warranty repair stations by name, address, and phone number; and

        8.   The name, address, and phone number of the permanent southwestern regional representative(s) for training, service, and warranties.

    G.  Calibration of Approved VEGAS.

        Certified AIR CARE Stations and all others participating in this program shall abide by this subsection in the calibration and spanning of VEGAS.  Span gases and containers shall meet the following parameters, blends and specifications: 

        1.  Span and Calibration Gases.

            The operator of a certified AIR CARE station shall be responsible to assure that span gases used in approved VEGAS conform to the following:

            a.   All span gases supplied to stations shall be named using EPA recommended naming practices.

            b.   The carrier gas shall be nitrogen; the hydrocarbon gas shall be propane.  Three component (HC, CO, CO2 and carrier) gases will be provided.

            c.   The concentration(s) of the span gas blend shall be within limits established by the Program to provide for uniform VEGAS spanning.
 
            d.   The accuracy of the certified AIR CARE station
span gas blend shall be certified by the blender to be +2% of labeled concentration and traceable to the NIST.  Only gas blends supplied by the Program's approved blenders shall be used with the approved VEGAS.

            e.   Certified AIR CARE stations shall gas calibrate the approved VEGAS once each 72 hours as determined by the instrument or as needed in order to maintain accuracy.

            f.   All approved VEGAS shall be calibrated only with span gases bearing a Program approved label.

        2.  Accuracy.

            A gas supplier shall initially demonstrate to the Program its qualifications as a vendor of span gases.  The Program may require additional evidence of qualifications at periodic intervals.  All gas suppliers will be required to abide by the "Approved Span Gas Verification Program" established by the VPMP. 

        3.  Containers.

            Span gases shall be supplied in containers which meet all the applicable provisions of the Occupational Safety and Health Administration (OSHA).


        4.  Additional specifications related to calibration requirements are described in the VEGAS specifications document. 


28.17   Disciplinary Action, Denial, Suspension, or Revocation of
        Certifications.

    A.  The Program Manager is authorized after reasonable investigation and showing of a violation of any provisions of this regulation to take disciplinary actions including monetary penalties and/or denial, suspension or revocation of certification to operate under the Program as a certified AIR CARE station, certified fleet AIR CARE station, certified AIR CARE inspector or certified AIR CARE technician.  In deciding on an appropriate action, the Program Manager may consider: past violations on file against the charged party; previous actions which may have been taken by the Program against the charged party; settlement or consent agreements which document past violations; and judicial decisions if related to the requirements of this regulation, to the Procedures Manual, or other Program guidelines or requirements.

    B.  Notwithstanding the provisions of 28.17(C), the Program Manager may immediately suspend or revoke the certification of a certified AIR CARE station, certified fleet AIR CARE station, certified AIR CARE inspector or certified AIR CARE technician if the Program Manager determines that continued operation as an AIR CARE station, fleet AIR CARE station, AIR CARE inspector or AIR CARE technician would jeopardize the public health, safety and welfare; violate the VPMP Procedures Manual or this regulation; or compromise the Program.

    C.  Prior to taking any action to suspend or revoke a certification, the Program Manager shall inform the inspector, technician or station owner of the charges.  Any party so informed may request a hearing on the merits before the Program Manager.  Such request must be made in writing to the Program Manager within fifteen (15) consecutive days of receipt of the notice of intent to suspend or revoke the certification.

    D.  Upon receipt of a written request for a hearing on the merits, the Program Manager shall set a date, time and place for the hearing no more than 60 sixty days from the date of receipt of the request.  No fewer than fifteen (15) consecutive days before the hearing, the Program Manager shall inform the charged party of the date, time and place of the  hearing.  The Program Manager may appoint a hearing officer.  At the hearing, the charged party may demonstrate why a monetary penalty should not be imposed and/or the certification should not be suspended or revoked. 

    E.  At the hearing on the merits, based on the findings of the initial investigation and the evidence presented at the hearing, the Program Manager may take appropriate action including but not limited to any one or a combination of the following: monetary penalty; suspension or revocation of the certification; or dismissal of the charges.  The Program Manager may issue monetary penalties as authorized by the City of Albuquerque and the Bernalillo County Joint Air Quality Control Board Ordinances, the City of Albuquerque and Bernalillo County Motor Vehicle Emissions Control Ordinances, and the New Mexico Air Quality Control Act.  The Program Manager may consider: past violations on file against the charged party; previous actions which may have been taken by the Program against the charged party; settlement or consent agreements which document past violations; and judicial decisions if related to the requirements of this regulation, to the Procedures Manual, or other Program guidelines or requirements. 

    F.  Any party whose application for certification is denied or certificate is suspended or revoked may appeal the decision of the Program Manager to the Board.  To perfect the appeal to the Board, the appellant must deliver a written request to the Headquarters within fifteen (15) consecutive days after receipt of the Program Manager's decision.  The Program shall inform the Board at the next regular meeting of the Board.  The Board may make its determination based on the record or may require a hearing de novo.  The Board may uphold, overturn or amend the Program Manager's decision.  If the Board decides to conduct a hearing de novo, the Board may appoint a hearing officer, and the Board shall set a date, time and place for the hearing and shall hold the hearing within ninety (90) days of the Headquarter's receipt of the written request. No fewer than fifteen (15) consecutive days before the hearing, the Board shall inform the appellant of the date, time and place of the hearing.  The decision of the Board shall be final. 


28.18  Enforcement.

    A.  Mandatory Inspections.  
        Any person who owns a motor vehicle subject to this regulation and fails to demonstrate compliance with this regulation shall be issued a failing Vehicle Inspection Report and shall be refused reregistration by MVD pursuant to the Motor Vehicle Code, 66-3-7.1 NMSA (1978).

    B.  Procedural Provisions.
    Any person who violates the requirements of this regulation shall be guilty of a misdemeanor pursuant to either the City of Albuquerque Joint Air Quality Control Board Ordinance 9-15-1-99(B)(1) R.O.1994 or the Bernalillo County Joint Air Quality Control Board Ordinance No. 94-5.  Any person who violates a requirement of this regulation also shall be subject both to all other enforcement actions authorized by the Air Quality Control Act, 74-2-1 et. seq., NMSA 1978 and all other remedies available at law or equity.


28.19   Administrative Fees for Certifications.

Any person seeking certification, or annual renewal thereof, to participate in the Program as an AIR CARE station, inspector or technician shall remit to the City the appropriate fee as indicated below before a certification shall be issued or renewed by the Program.

                                            Amount

    Certified AIR CARE Station             $200.00
    Certified AIR CARE Inspector             35.00
    Certified AIR CARE Technician            35.00



28.20  Savings Clause.

Any amendment of Regulation 28 which is filed with the State Records Center shall not affect actions pending for violation of a City or County Ordinance, Board Regulation 28, the Procedures Manual.  Prosecution for a prior violation shall be governed and prosecuted under the statute, ordinance, regulation, or Procedures Manual in effect at the time the violation was committed.


28.21   Severability.

If any section, subsection, sentence, phrase, clause, or word of this regulation is for any reason held to be unconstitutional or otherwise invalid by any court, such decision shall not affect the validity of remaining provisions of this regulation.  The Board hereby declares that it would have passed this regulation and each section, subsection, sentence, phrase, clause or word whether or not any one or more sections, subsections, sentences, phrases, clauses, or words is declared unconstitutional or otherwise invalid.


28.22   AIR CARE Stations Choosing To Use BAR 84 Analyzers Until 
        December 31, 1995.

Air Care Stations, which as of March 12, 1995 are active, performing emissions testing, and certified by the VPMD, may continue up until December 31, 1995 to operate and perform idle only emission tests with existing BAR 84 Vehicle Exhaust Gas Analyzer Systems. AIR CARE Stations shall also have the option of purchasing or leasing a VPMD certified BAR 90 VEGAS and performing pre-conditioned two-speed idle emission tests pursuant to this regulation and the Procedures Manual.  AIR CARE Stations which choose to continue using existing approved BAR 84 VEGAS up until December 31, 1995 shall comply with all provisions of this regulation and the VPMD Procedures Manual with the exception of sections which refer to the Unloaded 2500 RPM test.  The specific sections of this regulation include; (28.03.B.2.a.2), (28.03.B.2.a.4.c) and Table I in section (28.05.A). 

28.23   Effective Date of this Regulation.

The August 1994 and April 1995 amendments to Regulation 28 shall become effective July 1, 1995.  If no EPA confirmed violation (two exceedances) of the federal ambient carbon monoxide standards has occurred within Bernalillo County, the vehicle inspection frequency shall be biennial.  However, if any EPA confirmed violation of the federal ambient carbon monoxide standards occurs between July 1, 1994 and July 1, 1995 then the vehicle inspection frequency will be annual effective July 1, 1995.  If after July 1, 1995 any EPA confirmed violation of the federal ambient carbon monoxide standards occurs, then 120 days after the violation is confirmed by the EPA, the Program shall require annual testing of vehicles and the Program will be upgraded to meet the performance standards as outlined in 40 CFR Part 51.

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