QuestionsQuestions (DOTC MEMORANDUM)
The objectives are: (1) to ensure compliance of PETCs and LTO emission testing activities with the Clean Air Act of 1999 and related DTI-DOTC issuances; (2) to ensure no vehicle is registered without undergoing and passing the required emission test; and (3) to ensure integrity of the DOTC Certificate of Emission Compliance (CEC) forms as official/accountable documents.
It covers (1) monitoring compliance of accredited/authorized PETCs and LTO emission testing activities with relevant laws and issuances, and (2) monitoring the implementation of emission testing prior to the vehicle registration requirement.
A Monitoring Team is composed of at least four (4) members: a DOTC representative as team leader, an LTO representative, at least one DENR or MMDA (for Metro Manila) or LGU representative, and at least one representative from an NGO or media.
They must: review pertinent documents before monitoring, prepare detailed monitoring procedures (for committee approval), conduct onsite monitoring, and submit a monitoring report within seven (7) days after monitoring.
Team Leader: inform members of the schedule, conduct a pre-monitoring meeting, provide documents, conduct a post-monitoring meeting, and assign tasks. Team Members: perform assigned tasks and report findings during post-monitoring.
Government agency members must undergo training on monitoring procedures by DOTC. Volunteers must apply for membership and undergo the same training. The training module and applications are approved by the Monitoring Committee.
PETC operator must present: valid PETC accreditation/authorization; record of CEC issued for the month monitored (including copies of receipts); calibration certificate of test equipment; valid technician authorization; proof equipment is interfaced with PETC-IT system; and serial number of test equipment corresponding to accreditation record.
The PETC technician must perform an emission test of the test vehicle; results are compared with previous test results. Discrepancies such as passing when actually failed or vice versa indicate a violation.
Flagging bases include: (1) five verbal complaints or one written and verified report of irregularities; (2) unusually high or low rate of vehicles passing tests; and (3) discrepancies between the number of CECs issued and the number of motor vehicle registrations issued by an LTO-DO on a per-month basis.
The Secretariat documents complaints/reports. Agencies receiving complaints forward them to the Secretariat with required details (PETC/LTO-DO name, specific complaint, complainant name, and contact number). The Secretariat then regularly summarizes and submits to the Monitoring Committee a list of centers that must be monitored.
IT providers of the PETC submit monthly reports on number of vehicles tested and CECs issued; LTO submits monthly reports on number of vehicles registered per LTO-DO. DOTC forwards these to the Secretariat, which compares them and lists PETCs/LTO facilities to monitor.
A monitoring team dispatches to the vicinity of a flagged center; a vehicle that just completed emission testing is flagged and subjected to another test by the team. The team repeats until three (3) vehicles show a large discrepancy or are proven tampered.
A test vehicle is sent to the flagged center like an ordinary applicant. Results are compared with the vehicle’s previous test results. Large discrepancy—passed when actually failed or vice versa—constitutes a violation.
The Monitoring Team discreetly posts personnel to count vehicles that entered/actually came for testing for at least one day. The counted number is compared with CECs issued that day. If CECs issued exceed vehicles that entered, a violation is committed.
Personnel discreetly count vehicles tested for at least one day, then compare the count with the number of registrations issued for that day and the CEC received. If registrations are greater than the vehicles counted plus CEC received, a violation is committed.
It states that the PETC test result on a real-time basis shall be considered as input to the MVRS module of the LTO-IT Project, to ensure compliance before renewal registration.
The Monitoring Team must furnish the Monitoring Committee a Monitoring Report and Recommendations within seven (7) working days after the conclusion of monitoring.
(a) Government personnel found in violation are investigated by their respective departments for administrative sanctions and by the Ombudsman for criminal liability. (b) PETC operator and personnel are penalized pursuant to Section 46 of the Clean Air Act and Section 45 of the DTI-DOTC JAO No. 01 (Series of 2001).
It takes effect after 15 days following submission of three (3) certified copies of the Order with the UP Law Center.