In addition to the definitions in 20.11.100.7 NMAC the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.100 NMAC shall govern.
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...
