PH Clean Air Act IRR Enforcement Rules

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.