Purpose and policy objective
- The Decree’s purpose is to prevent, control, and abate emissions of air pollutants from motor vehicles to protect the health and welfare of the people.
- The Decree aims to prevent or minimize damage to property and hazards to land transportation caused by air pollution.
Core definitions established
- “Motor Vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for conveying persons or transporting property or goods on a public highway or street opened to public use.
- “Air Pollutant” means any harmful or undesirable matter emitted in the atmosphere, including smoke, soot, solid articles of any kind, undesirable gases, fumes, and obnoxious odors.
- “Pollution Control Device” means any device or apparatus used to prevent, control, or abate pollution of air by emissions from motor vehicles at levels within air pollution control standards established by the Pollution Control Commission.
- “Owner or Operator” means any person who owns, leases, controls, or operates a motor vehicle.
- “Regulations” means any rule or regulation promulgated under the Decree.
What conduct is prohibited
- It is unlawful for an owner or operator of a motor vehicle to allow it to discharge air pollutants at levels greater than the acceptable pollutant concentration standards prescribed by the National Pollution Control Commission for the class of motor vehicle to which the motor vehicle belongs.
- The owner or operator must not use the vehicle, and must not cause or allow it to be used, unless the motor vehicle meets the established emission standards.
Emission standards for sale, registration, and operation
- No imported or locally manufactured motor vehicle may be sold, registered, or operated after the date of effectivity of the Decree’s implementing rules and regulations unless it meets the established emission standards.
- Compliance for imported or locally manufactured motor vehicles must be certified by the National Pollution Control Commission.
Pollution control devices requirement
- If a motor vehicle does not meet established emission standards, its owner or operator must install appropriate pollution control device(s) of whatever type or model the owner or operator chooses.
- The installed pollution control device(s) must meet specifications set forth by the National Pollution Control Commission under the implementing rules and regulations.
Rules, implementation, and enforcement mechanisms
- The National Pollution Control Commission, in cooperation with the National Science Development Board, Department of Energy, Department of Industry, and Land Transportation Commission, must promulgate rules and regulations to implement the Decree.
- The rules and regulations must include:
- establishment of maximum allowable emissions of specific air pollutants for all classes, types, or models of motor vehicles currently registered and for new motor vehicles not yet registered;
- specifications of the kind of pollution control device(s) that may be required to be installed;
- regulations for distribution, sale, registration, and use of motor vehicles;
- specifications for correct motor fuels for various types of motor vehicle engines;
- setting of date or dates of effectivity of certain rules and regulations governing particular subject matter;
- requirements for the issuance and life of certificate of compliance;
- procedure with respect to hearings not bound by technical rules of evidence.
- The National Pollution Control Commission, in coordination with the Land Transportation Commission, Board of Transportation, and other traffic enforcement authorities, must ensure implementation and vigorous enforcement of the Decree and its implementing rules and regulations.
Vehicle use prohibitions and traffic coordination
- Under certain circumstances, the National Pollution Control Commission—in consultation with the Land Transportation Commission, Board of Transportation, Philippine Constabulary, Integrated National Police, and Department of Local Government and Community Development, and in coordination with traffic enforcement agencies—may prohibit or enjoin in writing the use of motor vehicles or specified classes of motor vehicles:
- in any area or street at all times; or
- during particular times,
to protect human health and public welfare and to ensure compliance with established national ambient air quality standards.
- The National Pollution Control Commission must coordinate with the Land Transportation Commission, Board of Transportation, and other enforcement agencies involved in traffic and transport management for prevention, control, and abatement of air pollution in traffic-congested areas.
Inspection, testing, certificates of compliance
- The National Pollution Control Commission—in consultation with the Land Transportation Commission and Board of Transportation—is responsible for:
- inspection of motor vehicles and testing to determine the concentration and/or rate of emission of air pollutants;
- determining correct installation, maintenance, and operation of pollution control devices.
- The Commission must recommend withholding or suspension of registration of any vehicle that does not comply with regulations.
- The Commission must establish and operate a sufficient number of centers where inspections and testing can be effectively carried out and where appropriate certificates of compliance are issued.
Public information and ongoing education
- The Land Transportation Commission, Board of Transportation, Department of Public Information, and National Media Production Center must conduct a continuing public information campaign to exhort:
- owners or operators to regularly maintain, adjust, and operate vehicles according to the manufacturer’s recommendation in the vehicle operating manual;
- drivers to operate vehicles properly and with caution against overloading and over-fueling engines when starting from cold or during acceleration.
- The public information campaign must also inform the public of other relevant matters, including engine and other modification measures adopted to minimize air pollution and in the interest of energy conservation.
Hearing procedures and finality of decisions
- All cases involving violations of the Decree and/or its implementing rules and regulations must be reported to or filed with the National Pollution Control Commission for hearing by any person or by its deputized agents.
- If the report comes from deputized agents, it must be made immediately, but in no event later than 24 hours from the time of knowledge of the violation.
- A hearing officer designated by the Commissioner of the National Pollution Control Commission must decide the case and impose the penalties prescribed in the Decree.
- The hearing officer’s decision becomes final and executory if no appeal is taken to the Commissioner within 15 days from notice of the decision.
- The decision of the Commissioner is final.
Penalties for violations
- A violator is liable for each offense involving the same vehicle to:
- a fine of not exceeding PHP 200 for the first offense;
- a fine of not exceeding PHP 500 for the second offense;
- for the third and succeeding offenses, a fine of not exceeding PHP 1,000 plus suspension of the vehicle’s certificate of registration, until compliance with the requirements of the regulations.
Annual appropriations for enforcement
- The Decree appropriates PHP 15,000,000 yearly from any funds in the National Treasury for the National Pollution Control Commission’s operating expenses related to enforcement and implementing rules and regulations, and for the operations of the inspection/testing centers.
Repeal and modification of inconsistent rules
- Any provision of law, presidential decree, executive order, rules and regulations, and/or parts thereof inconsistent with the Decree are repealed and/or modified accordingly.