Question & AnswerQ&A (DENR-DTI-DOTC JOINT ADMINISTRATIVE ORDER NO. 1, Series 2003)
Section 21 of Republic Act 8749, known as the Philippine Clean Air Act of 1999, mandates the DOTC, together with the DTI and DENR, to establish procedures for the inspection of motor vehicles and testing of their emissions.
The Department of Trade and Industry (DTI) accredits private emission testing centers, while the Department of Transportation and Communications (DOTC) authorizes them, pursuant to Section 21 of Republic Act 8749.
The Order aims to ensure proper implementation of emission testing prior to motor vehicle registration renewal, redemption of confiscated plates, and registration of imported used and rebuilt vehicles, enforcing compliance with the Clean Air Act.
The Monitoring Committee, chaired by the DOTC Undersecretary with members from DTI and DENR, ensures proper implementation of the Order and supervises Monitoring Teams conducting the actual monitoring activities at PETCs and LTO emission testing centers.
Irregularities refer to deviations from accreditation and authorization terms and conditions and from emission test protocols, including falsification of test results, operation with invalid permits, and failure to use certified equipment.
Procedures include roadside monitoring, use of a test vehicle for emission testing, onsite inspection, discreet counting of vehicles tested, comparison of Certificates of Emission Compliance issued, and other measures like entrapment operations with Monitoring Committee approval.
Government personnel from DOTC, LTO, DTI, and DENR found violating the Clean Air Act or related rules are subject to investigation by their respective departments for administrative sanctions and by the Ombudsman for criminal liability.
Violations include operating with expired or invalid authorization, using uncertified testing equipment, and falsification of emission test results including 'non-appearance' of the tested vehicle.
Violations include operating without valid accreditation or necessary business permits, employing technicians not TESDA certified, using non-certified or improperly calibrated equipment, and obstructing inspections by authorities.
The Monitoring Team discreetly posts personnel to count the actual vehicles tested at the PETC during a monitoring period and compares this count with the number of CECs issued to ensure no issuance without actual tests.