Monitoring PETC and LTO Emission Testing

Legal basis and purpose

The Order is anchored on Section 21 of Republic Act No. 8749 (Philippine Clean Air Act of 1999), which mandates DOTC, together with DTI and DENR, to establish procedures for inspection of motor vehicles and testing of emissions (Section 1).
Section 21 of Republic Act No. 8749 empowers DOTC to authorize private emission testing centers duly accredited by DTI (Section 1).
The Order recognizes Section 3, Rule 34 of the Clean Air Act Implementing Rules and Regulations, which assigns DENR responsibility to regulate specifications of emission testing equipment (Section 1).
The Order recognizes Section 8, Rule 35 of the Clean Air Act IRR, requiring DENR through the Bureau to certify conformity to standards of emission test equipment before it may be used for mandatory emission tests (Section 1).
The Order implements monitoring referenced in Section 35 of DTI-DOTC Joint Administrative Order No. 1, Series of 2001, which requires DTI and DOTC/LTO to undertake joint monitoring and inspection of all accredited and authorized Private Emission Testing Centers (PETC) (Section 1).

Objectives and compliance assurance

The Order ensures that emission testing prior to renewal of motor vehicle registration, redemption of confiscated license plate(s), and registration of imported used and rebuilt vehicles is properly implemented (Section 2).
The Order monitors and ensures PETCs and LTO Emission Testing compliance with Republic Act No. 8749, Articles 4 to 9 of DTI-DOTC JAO No. 1, series of 2001, and other relevant DENR, DOTC, and DTI orders, rules, and regulations (Section 2.1).
The Order provides that no motor vehicle is registered without undergoing and passing the emission test required by Republic Act No. 8749 (Section 2.2).
The Order ensures integrity of emission test results as reflected in the official DOTC Certificate of Emission Compliance (CEC) (Section 2.3).

Definitions that govern implementation

CAA means the Philippine Clean Air Act of 1999 (Republic Act No. 8749) (Section 4).
CEC means Certificate of Emission Compliance (Section 4).
DENR, DOTC, and DTI mean their respective departments (Section 4).
Flagged means a PETC or LTO District Office tagged for monitoring based on criteria under the Order (Section 4).
Irregularities mean deviations from the accreditation/authorization terms and conditions and from emission test protocols (Section 4).
IT Provider means an information technology company that provides electronic data services (Section 4).
LGU, LTO, MMDA, and NGO carry their stated meanings (Section 4).
Non-Appearance means generation of a test result without conducting actual emission test (Section 4).
Reference Test Result means a test result obtained from an emission test conducted on the Test Vehicle by an accredited and authorized PETC (Section 4).
Test Vehicle means a vehicle with a verified emission test result (Section 4).
Voluteer means an individual from an NGO who intends to be a member of a Monitoring Team (Section 4).

Organization and monitoring structure

A Monitoring Committee is created composed of the DOTC Undersecretary for Land Transportation as chairperson, and DTI Undersecretary for Consumer Welfare and Trade Regulation Groups and a DENR Undersecretary as members (Section 5.1).
The Monitoring Committee ensures proper implementation of the Order (Section 5.1).
The Monitoring Committee creates Monitoring Teams to conduct the actual monitoring activities (Section 5.2).
Each Monitoring Team has at least four (4) members:
- a DOTC representative as team leader;
- a DTI representative;
- at least one (1) representative from either DENR or MMDA (for Metro Manila) or the LGU where the PETC is located; and
- at least one (1) from an NGO or media (Section 5.2).
LTO, transport operators, PETC operators, and/or the Ombudsman may be invited as observers when necessary (Section 5.2).
A Secretariat is established at DOTC, composed of DOTC personnel, to assist the Monitoring Committee and Teams in accepting and documenting complaints, records keeping, and coordinating activities under the Order (Section 5.3).

Team roles, qualifications, and reporting

The Monitoring Team must review pertinent documents of the PETC/LTO Testing Center before onsite monitoring (Section 5.2.1).
The Monitoring Team must prepare detailed monitoring procedures subject to approval by the Monitoring Committee (Section 5.2.1).
The Monitoring Team must conduct the monitoring activities of the PETC/LTO Testing Center (Section 5.2.1).
The Monitoring Team must submit a monitoring report to the Monitoring Committee within 7 days after conduct of monitoring activities (Section 5.2.1).
The Team Leader must inform members of the monitoring schedule, conduct a brief pre-monitoring meeting, provide documents for onsite monitoring, conduct a brief post monitoring meeting, and assign tasks (Section 5.2.1).
Team Members must perform assigned tasks and report findings/observations during the post monitoring meeting (Section 5.2.1).
Government agency Monitoring Team members must undergo Training on Monitoring Procedures conducted by DOTC; NGO volunteers must file an application for membership and undergo training (Section 5.2.2).
The Training Module and applications for membership must be approved by the Monitoring Committee (Section 5.2.2).
The Monitoring Team must furnish the Monitoring Committee a Monitoring Report and Recommendations within 7 (seven) working days after conclusion of monitoring (Section 8).

PETC onsite inspection requirements

Before onsite inspection, the Monitoring Team must inform the PETC operator that an onsite inspection shall be conducted (Section 6).
The PETC operator must present the following documents/information for onsite inspection:
- valid PETC accreditation and authorization;
- record of CEC issued for the month being monitored including copies of receipts issued;
- calibration certificate of test equipment;
- valid technician authorization;
- test equipment interfaced with the PETC-IT system; and
- the serial number of test equipment corresponding to the accreditation record (Section 6).
The PETC technician must conduct an emission test of the test vehicle (Section 6).
The emission test result must be compared with reference test results (Section 6).
A discrepancy—such as passing when actually failed or vice versa—constitutes a violation (Section 6).

Flagging criteria and irregularity monitoring

A PETC and/or LTO-Testing Center is flagged for monitoring based on:
- five (5) verbal complaints or one written and verified report of irregularities;
- unusually high or low rate of vehicles passing/failing; or
- discrepancies between the number of CECs issued and the number of motor vehicle registrations issued by an LTO-DO on a per-month basis (Section 7.1).
All complaints and irregularity reports are documented by the Secretariat (Section 7.2).
Government agencies receiving complaints/reports against a PETC or LTO Testing Center must forward them to the Secretariat for information and coordination (Section 7.2).
Monitoring reports must be referred by the Committee to the appropriate government agency for adjudication; actions taken by other agencies must be reported to the Secretariat (Section 7.2).
Reports must contain: the name of the PETC/LTO Testing Center, the specific complaint, the complainant’s name, and contact number (Section 7.2).
The Secretariat must regularly submit to the Monitoring Committee a summary of complaints received with a list of PETC and LTO Testing Centers that must be monitored (Section 7.2).
The Monitoring Committee must ensure that violations presented in the Order and in Annexes I and II are not committed by PETCs or LTO Testing Centers (Section 7.2).
If tampering is reported, roadside monitoring, test-vehicle monitoring, and onsite inspection processes must be followed (Section 7.4).
The Monitoring Team must verify Non-Appearance and must verify registrations without actual emission test using the specified counting and comparison methods (Sections 7.5 and 7.6).
The Monitoring Team, with approval of the Monitoring Committee, may implement other means such as entrapment operations to prove irregularities (Section 7.7).

Data comparison for CEC and registrations

IT providers of PETCs and LTO Testing Centers must furnish the Secretariat monthly reports on the number of vehicles tested and CECs issued (Section 7.3.1).
The LTO must provide the Secretariat monthly reports on the number of motor vehicle registrations issued per LTO-DO (Section 7.3.2).
DOTC must forward the above information to the Secretariat, which must compare the data and regularly submit a summary and list of PETC and LTO Testing Centers that must be monitored (Section 7.3.3).

Tampering and test-results monitoring steps

For reported tampering of test results, roadside monitoring requires dispatch to a vicinity of a flagged testing center and flagging down a vehicle that just completed the emission test for re-testing by the Monitoring Team (Section 7.4.1).
Roadside monitoring requires comparing the Monitoring Team’s test result with the test result from the PETC/LTO Testing Center (Section 7.4.1).
Roadside monitoring must continue until three (3) vehicles tested show large discrepancy or proof of tampering (Section 7.4.1).
For monitoring using a Test Vehicle, a Monitoring Team must dispatch the Test Vehicle to the flagged center like an ordinary vehicle owner seeking an emission test (Section 7.4.2).
The Test Vehicle’s test result must be compared with the Test Vehicle’s reference test results (Section 7.4.2).
If comparison shows large discrepancy (passed when actually failed or vice versa), a violation is committed (Section 7.4.2).
For onsite inspection following complaints/alleged violations, the Monitoring Team must inform the PETC/LTO Testing Center of complaints/alleged violations and conduct the onsite inspection following the Order’s procedures (Section 7.4.3).

Non-appearance monitoring procedures

For reported issuance of CECs without actual emission test (Non-Appearance), the Monitoring Team must discretely post personnel to count actual vehicles tested by the PETC/LTO for at least one (1) day (Section 7.5).
The personnel must report the number of vehicles counted to the Monitoring Team (Section 7.5).
The counted number of vehicles must be compared with the number of CECs issued for that specific day (Section 7.5).
A violation is committed if the number of CECs issued is greater than the number of vehicles that entered the PETC (Section 7.5).

Vehicle registration without actual emission test

For reported registration of vehicles without actual emission test, the Monitoring Team must discretely post personnel to count actual vehicles tested by the PETC/LTO for at least one (1) day (Section 7.6).
The personnel must report the number of vehicles counted to the Monitoring Team (Section 7.6).
The counted number of vehicles must be compared with registrations for that specific day (Section 7.6).
A violation is committed if the number of vehicles registered is greater than the number counted plus the CEC received (Section 7.6).

Budget, penalties, and administrative consequences

Operationalization of the Order’s budget must be charged against the Air Quality Management Fund (AQMF) or other sources (Section 9).
Government personnel of DOTC, LTO, DTI, and DENR found to have committed any violation of the Clean Air Act and its IRR must be investigated by their respective departments for corresponding administrative sanctions (Section 10.1).
Criminal liability for government personnel must be handled by the Ombudsman (Section 10.1).
PETC operators and personnel found to have committed irregularities must be penalized in accordance with Section 46 of the CAA, Section 45 of DTI-DOTC JAO No. 01 Series of 2001, and DTI DAO No. 3, 2002 (Section 10.2).

Compliance catalog: PETC and accreditation violations

Annex 1 lists PETC authorization violations (DOTC), including:
- expired/invalid authorization; expired/invalid technician authorization; uncertified testing equipment; and failure to operate using real time data storing and retrieval system (IT components) (Annex 1).
Authorization violations also include: test equipment not interfaced with the IT system; operation involving vehicle repair/maintenance and/or engine enhancement activities; incapability to administer tests for all types/classes of vehicles; and operation violating the “service area” concept (Annex 1).
Authorization violations include falsification of test results including Non-appearance; failure to transmit real time inspection results to LTO; issuance of fake CEC; and conducting tests inconsistent with test procedures (Annex 1).
Authorization violations further include any other practices deemed inconsistent with DOTC/LTO authorization guidelines (Annex 1).
Annex 2 lists PETC accreditation violations (DTI), including operation with invalid accreditation and operation without necessary business and/or mayor’s permits (Annex 2).
Accreditation violations also include PETCs engaging in activities outside the scope of accreditation; employing technicians not TESDA certified; using personnel not qualified by education/training/experience/skill; and PETC work area not meeting maneuvering area requirements of at least 6 m wide and 6 m long per proposed number of vehicles (Annex 2).
Accreditation violations include changes to the PETC facility that fail to satisfy accreditation requirements; operating without required equipment (gas analyser for gasoline-fueled vehicles and opacimeter for diesel-fueled vehicles); and equipment not certified by DENR (Annex 2).
Accreditation violations include equipment not properly calibrated and equipment/software not capable of achieving the accuracy required and not complying with specifications relevant to the tests (Annex 2).

Separability, modification, and revocation

All orders, memoranda, and issuances inconsistent with the Order are modified or revoked accordingly (Section 11).