Legal basis and related issuances
- Section 21 of Article 4 of Republic Act No. 8749 assigns DOTC as the lead agency in enforcing motor vehicle emission standards.
- Republic Act No. 8749 requires concerned agencies to promulgate implementing rules and regulations within one (1) year after enactment.
- The Order is issued pursuant to Republic Act No. 8749 and consistent with DENR Administrative Order No. 2000-03.
- The Order uses DENR Administrative Order No. 98-46 as the continuing basis for permissible emission limits and test procedures unless updated.
- The Order is aligned with DENR Administrative Order No. 98-46, and it also references enforcement against violations of Presidential Decree No. 1181 “as modified.”
- The Order directs enforcement activities to follow LTO Memorandum Order No. 98-108 regarding deputization.
Policy and enforcement lead
- LTO is designated as the DOTC agency responsible for enforcing the permissible emission level of vehicles.
- LTO may deputize other law enforcement agencies, LGUs, the MMDA, and other government agencies to carry out emission enforcement in accordance with LTO Memorandum Order No. 98-108.
- LTO must prepare operation plans and programs to enforce the Order and must report those plans and programs to the Office of the Secretary.
Emission standards and testing rules
- The permissible emission limits and test procedures in DENR Administrative Order No. 98-46 remain the basic standard unless updated.
- All vehicles must satisfactorily pass the emission test of the Motor Vehicle Inspection System (MVIS) smoke emission testers or any authorized emission testing centers before renewal of registration is allowed.
- Garage testing of buses, trucks, and similarly situated vehicles must be discontinued.
- Smoke emission testing centers must follow the test fees and charges stated in the Order for smoke emission testing, pending any upgrade.
Initial registration requirement: DENR COC
- No new motor vehicle submitted to LTO for initial registration may be registered without a valid Certificate of Compliance (COC) issued by DENR.
- “New motor vehicles” include vehicles designed and manufactured in the Philippines using brand new engines and spare parts.
- “New motor vehicles” include vehicles assembled in the Philippines using original and brand new parts and components imported into the country either semi knocked down (SKD) or completely knocked down (CKD).
- “New motor vehicles” include second hand completely built up (CBU) vehicles imported into the Philippines and submitted to DOTC/LTO for initial registration.
Testing fees for smoke emission centers
- Smoke emission testing centers must charge the following fees and charges pending any upgrade:
- Pollution control device or gadget: P110.00
- Exhaust emission of registered gasoline/diesel driven vehicles with or without control devices (Idling tests): P40.00
Prohibited acts and penalties for violations
- Violations of PD 1181, as modified, and/or violations of any provision of these rules and regulations involving the same vehicle are punishable with fines and registration consequences.
- For the first offense, the fine is not exceeding P200.00.
- For the second offense, the fine is not exceeding P500.00.
- For the third and succeeding offense, the fine is not exceeding P1,000.00 plus the suspension of the vehicle’s certificate of registration.
- The certificate of registration suspension remains in effect until such time as there shall be compliance with the requirements of these rules.
Supersession and effectivity mechanics
- Orders and memoranda deemed inconsistent with any provision of this Order are superseded, revoked, and/or modified.
- The Order’s effectivity is governed by the 15-day rule tied to either filing with the UP Law Center or publication in a newspaper of general circulation.