Role of the Department of Transportation and Communication (DOTC)
- DOTC enforces specific provisions of RA 8749, including selected subsections of Sections 4, 8, and Sections 29-33, 41, and 42.
- The Environmental Management Bureau (EMB) provides DOTC with technical assistance, training, and capability-building programs as mandated by Section 34 of RA 8749.
- EMB certifies emissions control technologies and testing equipment prior to their commercial use.
Administration and Enforcement Responsibilities
- DENR is vested with primary responsibility over air pollution control related to motor vehicle emissions.
- Key powers and functions of DENR include:
- Establishing emission standards after consultation.
- Formulating integrated management frameworks and annual action plans.
- Coordinating with DOST and DOE to seek alternative fuels and transport systems.
- Fostering cooperation among government agencies, NGOs, people’s organizations, and private sectors.
- Issuing policy guidelines and design criteria for pollution control devices.
- Calling upon other government bodies for assistance in enforcement.
- Conducting public awareness campaigns and educational efforts focusing on vehicular air pollution and climate change.
- Undertaking studies and research aimed at emission control technologies and standards.
- Issuing orders and imposing sanctions for violations of motor vehicle pollution controls.
- Exercising all necessary powers to implement PD 1181 and these Rules.
Deputization and Hearings
- The Secretary of DENR may deputize necessary agents for effective implementation and enforcement.
- Hearing officers are designated to hear violations cases concerning motor vehicle pollution control laws, PD1181, and these Rules.
Scope and Objectives of Exhaust Emissions Control
- Applies to in-use motor vehicles, unregistered rebuilt vehicles, and imported used vehicles.
- Aims to:
- Repair vehicles failing emission tests.
- Support LTO and other agencies in vehicle inspection and maintenance.
- Deter tampering with engine systems, pollution control devices, and improper fueling.
Mandatory Periodic Emission Inspection
- Gasoline-powered vehicles tested for CO and HC levels at low and raised idle.
- Diesel-powered vehicles tested for smoke opacity using the free acceleration method.
- Inspection schedule differs based on vehicle type:
- Privately owned/light vehicles: first inspection on 4th registration year, biennial until 12th year, then annual.
- Public utility, for-hire, and heavier vehicles: annual from 2nd to 4th year, then semi-annual.
- Rebuilt or imported used vehicles: first inspection from 1st registration year.
Random Roadside Inspections
- Types:
- Roadside pull-overs with portable emission test equipment for gasoline and diesel vehicles.
- Visual inspection for diesel vehicles when equipment is unavailable, using Ringelmann Chart or inspector expertise.
- Procedures:
- Issuance of Certificate of Emission Compliance post passing test.
- Failure results in charges and potential subpoena.
- Non-compliant vehicles issued repair orders and prohibited from public road use until compliance shown.
Authorized Agencies for Emission Inspection
- Mandatory inspection conducted by:
- LTO before registration renewal.
- Special testing centers accredited by DENR, LTO, and DTI.
- Random roadside inspections conducted by:
- DENR regional offices.
- LTO and its law enforcement service.
- MMDA.
- Local governments.
- Philippine National Construction Corporation teams.
- Other authorized agencies or NGOs.
Accredited Repair Shops
- Repair preferably done by DTI-accredited shops or service stations.
- Required to have standard tools, parts, test equipment conforming to ECE, ISO, or SAE standards.
- Skilled mechanics or technicians with certifications from DTI or local vehicle manufacturers.
- DENR, DTI, and DOTC tasked to establish accreditation criteria within 60 days of enactment.
Prohibitions Related to Motor Vehicle Emissions
- No discharge of air pollutants beyond prescribed pollutant concentration standards.
- No operation of motor vehicles failing to meet emission standards.
- No sale, registration, or operation of new imported or locally manufactured vehicles without DENR certification.
- Prohibition on other acts violative of these Rules.
Penalties for Violations
- First offense: fine up to P200.00.
- Second offense: fine up to P500.00.
- Third and subsequent offenses: fine up to P1,000.00 plus suspension of vehicle registration until compliance.