Question & AnswerQ&A (LTO MEMORANDUM)
The law referenced is R.A. 8749, also known as The Philippine Clean Air Act.
The Department of Environment and Natural Resources (DENR) recognizes supplementary rules issued by the Land Transportation Office (LTO).
The principle that 'polluters must pay' is emphasized and reiterated.
The vehicle must be impounded and kept in the custody of the LTO or deputized agency when emission testing shows exceedance of standards.
No, the Act does not provide a 24-hour contestability period; however, appellate procedures are available for those who wish to contest fines or violations.
The Traffic Adjudication Service hears appeals or protests of smoke-belching apprehensions and fines, providing the apprehended driver an opportunity to be heard.
An appeal will not be entertained if the driver refuses to have his vehicle impounded when emission testing shows excess emissions.
If the apprehended vehicle has been found violating standards three or more times within the past 365 days, an appeal will not be entertained.
Re-testing must be done in the presence of the apprehending officer, the apprehended motorist, and under observation of a hearing officer or designated enforcement unit.
Appeals or protests must be decided within three days from submission for resolution.
The decision becomes final and executory if no appeal is taken to the Secretary within fifteen days from notice thereof.
The Traffic Adjudication Service is not bound by the technical rules of evidence used in courts of law except when supplementary and applicable.
Emission testing equipment must have a Certification of Conformity to Standards by the DENR through the Environmental Management Bureau (EMB).
Yes, failure to observe testing and apprehension procedures is a valid ground for appeal.