New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 103 - MOTOR VEHICLE VISIBLE EMISSIONS
Section 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.