QuestionsQuestions (SAN JUAN CITY ORDICE NO. 13 SERIES OF 2014)
The ordinance aims to control air pollution by regulating and apprehending motor vehicles that emit excessive smoke (smoke-belching), in line with the Philippine Clean Air Act (RA 8749) and its Implementing Rules and Regulations (DENR DAO 2000-81). It establishes an “Emission Control System” within San Juan City and prescribes enforcement mechanisms and penalties to encourage compliance with national air quality standards.
It defines the Smoke Opacity Meter (Opacimeter) as an instrument that determines the smoke opacity in exhaust gases emitted by the engine system. It is used by the Testing Team to measure whether a vehicle passes or fails the emission test.
The ASBU under the San Juan CENRO implements and enforces the emission standards set by the ordinance, performs apprehension of violators, and may conduct mobile emission testing anywhere within San Juan’s territorial jurisdiction.
It provides (1) a six (6)-month grace period for a massive information campaign and (2) another six (6)-month warning stage with no penalties/charges. The ordinance notes tricycle drivers are considered part of the marginalized sector of society, hence the phased approach.
The driver is issued an Ordinance Violation Receipt (OVR), and the driver’s license and/or the vehicle license plates are confiscated. Release is only allowed after the vehicle passes another emission control test and payment of the required testing fee and fines under the ordinance.
It mandates an intensified continuing air quality information and education campaign through CENRO to encourage multi-sector participation and awareness of health/environmental impacts of air pollutants and the commitment of the city government to enforce emission standards.
The ordinance references air quality monitoring showing negative results for Total Suspended Particles (TSP) in certain areas, and cites the national ambient air quality standard: TSP 300.
It details proper roadside apprehension procedures and claims consistency with the Clean Air Act (RA 8749), DENR Administrative Order (DAO) 2000-81, and LTO Memorandum Circulars.
The Team Leader ensures proper execution. Spotters identify smoke-belching visually and relay information. Flaggers motion the vehicle to pull over. The Testing Team conducts smoke emission testing. Plate Detach/Removers detach front and rear plates and/or confiscate LTO-issued driver’s license. The Plate Keeper records and stores confiscated plates and later turns them over to CENRO.
The apprehending officer requests Vehicle OR/CR and the driver’s license, verifies documents for authenticity, and provides an explanation that repairs must be undertaken for the vehicle to pass the test (for failures). The testing result can be shown on the machines meter reading.
It provides that if the driver/operator contests the apprehension and/or result, he may appeal to the City Adjudication Board to be heard and present evidence. The Board may adopt rules/procedures in concurrence with DOTC/LTO and DENR procedures.
The emission test fee is Php 400.00. The ordinance states that 25% is earmarked in favor of the CENRO ASBU staff.
First offense: Php 100.00; Second offense: Php 300.00; Third and subsequent offenses: Php 500.00.
For four (4) wheeled vehicles: First Php 1,000; Second Php 1,500; Third+ Php 2,000. For six (6) wheeled vehicles: First Php 2,000; Second Php 3,000; Third+ Php 4,000. For eight (8) wheeled and over: First Php 5,000; Second Php 5,000; Third+ Php 5,000. In all cases, the vehicle license plates are confiscated and released only as provided by the ordinance.
It states that emission testing fees and accreditation fees accrue to the Treasurer’s Office. Incentives equivalent to 25% of collected fines go to ASBU members, while 75% goes to the general fund of the city subject to accounting and auditing.
It has a Saving Clause adopting DENR and national agency rules not in conflict with the ordinance, a Separability Clause allowing unaffected provisions to remain valid if part is declared invalid, and a Repealing Clause for inconsistent ordinances/provisions.
It takes effect fifteen (15) days after publication in one newspaper of national circulation.