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.