Title
Monitoring PETC and LTO Emission Testing
Law
Denr-dti-dotc Joint Administrative Order No. 1, Series 2003
Decision Date
Nov 7, 2003
The DENR, DTI, and DOTC establish guidelines to monitor and ensure compliance of accredited Private Emission Testing Centers (PETCs) with the Philippine Clean Air Act, mandating emission tests for vehicle registration and implementing strict oversight to prevent irregularities and uphold environmental standards.

Law Summary

Objectives

  • Ensure proper implementation of emission testing before vehicle registration renewal, plate redemption, and registration of imported/rebuilt vehicles.
  • Monitor compliance of PETCs and LTO testing activities with all relevant laws and orders.
  • Guarantee that no vehicle is registered without passing emission tests.
  • Maintain the integrity of tests, as evidenced by official Certificates of Emission Compliance (CEC).

Scope

  • Establishes guidelines and procedures for monitoring compliance of PETCs and LTO testing activities pursuant to the Clean Air Act and relevant administrative orders.
  • Monitors enforcement of mandatory emission testing requirements prior to vehicle registration.
  • Does not affect DTI and DOTC accreditation/authorization powers.

Definitions

  • Key terms such as CAA (Clean Air Act), CEC (Certificate of Emission Compliance), PETC (Private Emission Testing Center), IT Provider, Irregularities, and Non-Appearance (issuing test results without actual test) are defined to aid implementation.

Organizational Structure

  • A Monitoring Committee is formed with DOTC Undersecretary as chair, and DTI and DENR Undersecretaries as members.
  • Monitoring Teams conduct field inspections, comprising representatives from DOTC, DTI, DENR/MMDA/LGU, and NGOs or media.
  • Responsibilities include pre-monitoring document review, conducting on-site inspections, and submitting monitoring reports.
  • Government personnel and volunteers must undergo training to participate in monitoring.
  • A Secretariat at DOTC supports the Committee and Teams by managing complaints and coordinating activities.

On-Site Inspection Procedures

  • Monitoring Teams inform PETC operators prior to inspection.
  • PETCs must present valid accreditation, technician authorization, calibration certificates, and demonstrate use of certified and interfaced testing equipment.
  • Technicians must conduct emission tests on test vehicles; results are compared to reference data to detect discrepancies indicating violations.

Identification and Monitoring of Irregularities

  • PETCs or LTO testing centers may be flagged for monitoring based on complaints, irregular test result rates, or discrepancies between issued CECs and vehicle registrations.
  • Complaints are documented and coordinated through the Secretariat; monitoring reports are referred for appropriate legal action.
  • IT Providers and LTO submit monthly data on tests, CEC issuance, and vehicle registrations for cross-checking.

Specific Monitoring Procedures

  • Roadside monitoring involves retesting recently tested vehicles to verify accuracy of test results.
  • Test vehicles with known emission profiles are used to detect discrepancies.
  • On-site inspections notify operators of complaints and alleged violations.
  • Non-Appearance is monitored by comparing actual vehicle counts at PETCs to CECs issued and vehicle registrations.
  • Monitoring Teams may employ additional methods like entrapment to uncover irregularities.

Reporting and Documentation

  • Monitoring Teams must submit detailed reports with recommendations within seven working days.
  • The Secretariat maintains complaint records and summary reports for the Monitoring Committee.

Funding

  • Operational costs are charged against the Air Quality Management Fund or other sources.

Penalties

  • Government personnel violating the Clean Air Act or related regulations face administrative and criminal sanctions.
  • PETC operators and their staff committing irregularities are subject to penalties under the Clean Air Act and related DTI-DOTC orders.

Repealing Clause

  • All previous inconsistent issuances are revoked or modified accordingly.

Effectivity and Filing

  • The Order takes effect 15 days after publication in a newspaper of general circulation.
  • The original and certified copies are to be filed with appropriate agencies for record and reference.

Annex 1: PETC Authorization Violations (DOTC)

  • Operating with expired or invalid authorization or technician certification.
  • Use of uncertified or uncalibrated testing equipment.
  • Failure to use or interface testing equipment with IT systems.
  • Conducting unauthorized vehicle repair or engine enhancement activities.
  • Testing center operational violations including falsification of test results and issuing fake CECs.

Annex 2: PETC Accreditation Violations (DTI)

  • Operating without valid accreditation or business permits.
  • Employment of unqualified or uncertified technicians.
  • Non-compliance with facility and equipment requirements.
  • Use of unapproved testing methods and formats.
  • Obstructing inspections or failing to report status changes.
  • Failure to display required signage and certificates.
  • Overall non-compliance with DTI accreditation standards.

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