San Juan City Vehicle Emission Control Ordice

Policy purpose and program framework

The ordinance establishes a city emission control system for motorized vehicles to control air pollution caused by smoke belching.
The ordinance directs enforcement to be consistent with the Philippine Clean Air Act of 1999 (Republic Act No. 8749) and relevant implementing rules and regulations.
The ordinance frames enforcement operations to support public compliance through continuing air quality education and information campaigns (Section 3).
The ordinance creates staged compliance treatment for tricycle drivers, consisting of a 6-month information campaign phase and a 6-month warning stage with no penalties and charges (Section 2.2).
The ordinance requires active cooperation from importers, local assemblers, owners/operators, and users of motor vehicles for enforcement and implementation of emission standards (Section 3).

Coverage and enforcement jurisdiction

The ordinance applies to motorized vehicles plying and traversing the territorial jurisdiction of the City of San Juan (Section 2.2).
The Anti-Smoking Belching Unit (ASBU) of the San Juan City Environment and Natural Resources Office (CENRO) performs acts and duties expected of a City Anti-Smoke Belching Unit and enforces the vehicle emission standard under the ordinance, including apprehending all violators (Section 2.1).
The CENRO may conduct mobile emission testing anywhere within the City of San Juan (Section 2.1).
After effectivity, other vehicles that do not comply with the ordinance’s emission standards are required to undergo emission control tests (Section 2.2).
Confiscation and release mechanics apply when a vehicle fails the emission test, including confiscation of the relevant license document(s) and re-testing before release (Section 2.2 and Section 6).

Core definitions and key terms

Air Pollutant means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and other inert gases in natural or normal concentrations, detrimental to health or the environment, including smoke, dust, soot, cinders, fly ash, solid particles, gases, fumes, chemical mist, steam, and radioactive substance (Section 4).
AQI (Air Quality Indicates) means the level of air quality for suspended particles (Section 4).
CENRO means City Environment and Natural Resource Office (Section 4).
DCS means Division of City Schools (Section 4).
Emission means any air contaminant, pollution, gas stream, or unwanted gas stream from a known source passed into the atmosphere (Section 4).
EMF means Environment Management Fund (Section 4).
Motor Vehicle means any vehicle propelled by gasoline, diesel, Liquified Petroleum Gas (LPG), or other means than human or animal power, built, constructed, and operated principally for conveyance of persons or transportation of property or goods in a public highway or street open to public use (Section 4).
Mobile Resources means any vehicle propelled by or through combustion of carbon-based or other fuel, built and operated principally for conveyance of persons or transportation of property or goods (Section 4).
Motorcycle means any two- or three-wheeled motor vehicle with at least one headlight, tail light and a spotlight, and one or more saddle seats; motorcycle includes those with attached side cars and those also known as “tricycle” (Section 4).
Smoke Opacity Meter (Opacimeter) determines the smoke opacity in exhaust gases emitted by the engine system (Section 4).
Type Approval means official ratification of the compliance of a vehicle type applicable to local or national regulations (Section 4).
Poisonous and Toxic Fumes means any emission and fume beyond internationally accepted standards, including the World Health Organization (WHO) guideline value (Section 4).
Pollution Control Device means any device or apparatus used to prevent, control, or abate air pollution caused by emissions at levels within establishment air pollution control standards (Section 4).
Vehicle Type means a category of power-driven vehicle that does not differ in reference mass or weight, engine type, number of cylinders, body configuration, manner or transmission, fuel used, and similar characteristics (Section 4).

ASBU duties, staged implementation phases

The ASBU under CENRO is mandated to implement and enforce the emission standard in the ordinance and to apprehend violators (Section 2.1).
Mobile emission testing may be conducted by CENRO anywhere within San Juan’s territorial jurisdiction (Section 2.1).
Tricycle drivers receive staged implementation: a grace period of six (6) months for a massive information campaign followed by another six (6) months for a warning stage with no penalties and charges (Section 2.2).
All other vehicles that do not comply with the ordinance’s emission standards are subject to an emission control test upon effectivity (Section 2.2).
When a vehicle fails the test, the driver is issued an Ordinance Violation Receipt (OVR) and the driver’s driver’s license and/or vehicle license plates are confiscated; release is conditioned on passing another emission test and paying required testing fees and fines under Sections 5 and 6 (Section 2.2).

Public education and multi-sector campaign

The City Government shall intensify a continuing air quality information and education campaign through CENRO (Section 3).
The campaign must encourage participation of city offices (including the City Health Offices and Barangay Operations Center), government agencies, private sector, NGOs, academe, environmental groups, transport sector, and other private entities (Section 3).
Enforcement requires active cooperation of importers, local assemblers, owners/operators, and users of all motor vehicles (Section 3).
The ordinance requires awareness efforts to focus on: (1) harmful effects of air pollutants to the general public and workers in transport sector, (2) technological options available to transport sector to prevent smoke belching, and (3) commitment of the City Government to enforce emission standards by strengthening apprehension standards (Section 3).

Roadside apprehension procedure and appeals

Apprehension of smoke-belching vehicles must be conducted in conformity with the Work Instruction and Emission Standards set forth in the ordinance (Section 5).
The work instruction must be consistent with the Clean Air Act of 1999 (Republic Act No. 8749), its implementing rules and regulations (DENR Administrative Order (DAO) 2000-81), and LTO Memorandum Circulars (Section 5.a (1.0)).
The ASBU or apprehending team is preferably composed of twelve (12) to fifteen (15) persons with: Team Leader, Apprehending Officers, Testing Team (machine operator, prober; standard team for detection and recording or STDR optional), Flaggers, Spotters, Plate Detacher/Removers, and Plate Keeper (Section 5.a (2.1)).
The Team Leader ensures the team properly and efficiently executes apprehension procedures; the Designated Apprehending Officer issues the OVR and oversees issuance steps (Section 5.a (2.2) and (2.3)).
A vehicle spotting and apprehension sequence is followed: the Spotter identifies the smoke-belching vehicle and reports to the Team Leader; the Flagger motions the driver to pull over to the outer most lane close to the curb or sidewalk without obstructing traffic; the Apprehending Officer requests vehicle papers and driver’s license and verifies document authenticity (Section 5.a (3.2.1.1–3.2.1.7)).
The Testing Team conducts smoke emission testing; the Machine Operator submits results to the Apprehending Officer or allows the officer and driver to view meter readings (Section 5.a (3.2.2.1–3.2.2.2)).
If the vehicle passes, the Apprehending Officer returns the documents requested earlier and releases the vehicle (Section 5.a (3.2.3)).
If the vehicle fails, the Apprehending Officer issues an OVR, records all test results in the OVR, explains needed repairs for passing the test, and directs plate/driver license confiscation actions (Section 5.a (3.2.4.1–3.2.4.2)).
Confiscation mechanics require: detaching front and rear license plates by the Plate Remover, endorsing confiscated plates to the Plate Keeper, safe keeping and recording by the Plate Keeper under CENRO jurisdiction, and end-of-operation turnover of confiscated plates and vehicle information/test results to CENRO (Section 5.a (3.2.4.3–3.2.5.3)).
Release by CENRO is conditioned on presentation of a) paid OVR with the City Treasurer’s Official Receipt and b) proof the vehicle has passed another emission test consistent with Republic Act No. 8749 (Section 5.a (3.2.5.3)).
The driver and/or operator may contest the apprehension and/or emission test results by appealing to the City Adjudication Board and presenting evidence and being given the opportunity to be heard (Section 5.a paragraph on appeal).
The City Adjudication Board may adopt its own hearing rules and procedures in concurrence with rules and procedures observed by DOTC/LTO and DENR (Section 5.a paragraph on appeals).

Fees and monetized sanctions

An emission testing fee of PHP 400.00 is collected for conduct of emission testing services by the San Juan City ASBU or apprehension team from the violator of the ordinance or from the owner of the vehicle that failed the initial random emission roadside test (Section 6).
Of the PHP 400.00 emission testing fee, 25% is earmarked in favor of the CENRO ASBU staff (Section 6).
The testing fee is paid by the driver of any vehicle required to undergo an emission test conducted due to visual smoke identified by the Spotter to determine compliance with the ordinance’s emission standards (Section 6).
The Office of the City Mayor may issue Accreditation Certificates to Private Emission Testing Centers upon recommendation of the CENRO Team; only the Emission Certificate Result issued by accredited centers is honored by the City (Section 6).
Fines for violations by Motorcycles/Tricycles are: First Offense – PHP 100.00, Second Offense – PHP 300.00, and Third and subsequent Offenses – PHP 500.00 (Section 6).
Fines for violations by Four (4) wheeled or more vehicles depend on the vehicle’s number of wheels (Section 6):
- Four (4) wheeled vehicle: First Offense – PHP 1,000.00; Second Offense – PHP 1,500.00; Third and subsequent Offense – PHP 2,000.00.
- Six (6) wheeled vehicle: First Offense – PHP 2,000.00; Second Offense – PHP 3,000.00; Third and subsequent Offense – PHP 4,000.00.
- Eight (8) wheeled and over vehicle: First Offense – PHP 5,000.00; Second Offense – PHP 5,000.00; Third and subsequent Offense – PHP 5,000.00 (Section 6).
In all cases, the Vehicle License Plates are confiscated and released only subject to the ordinance’s provisions (Section 6).
Confiscation of driver’s license and/or vehicle license plates also applies when a vehicle fails the test and precedes release conditioned on re-testing and payment of testing fee and fines (Section 2.2).

Incentives and revenue disposition

Emission testing fees collected by the city from violators as payment for re-emission testing activities conducted by the ASBU team and from Private Emission Testing Center Accreditation Fees (if given) accrue to the Treasurer’s Office of the City of San Juan (Section 8).
Incentives equal to 25% of all collected fines are given to Anti-Smoke Belching Unit members (Section 8).
The remaining 75% of the fund accrues to the general fund of the City Government of San Juan, subject to standard accounting and auditing procedures (Section 8).
The City Accountant and the City Treasurer keep and maintain special accounts and all relevant records (Section 8).

Adoption, separability, repeal, and appropriations

The ordinance adopts the rules, regulations, and issuances of DENR and other national agencies pertaining to the Clean Air Act of 1999 that are not in conflict with the ordinance (Section 9.a).
If any part of the ordinance is declared illegal or invalid, other parts not affected by the declaration remain valid and in force (Section 9.b).
Any ordinance or parts of ordinances inconsistent with the ordinance are repealed or modified accordingly (Section 9.c).
The City Treasurer is authorized to appropriate PHP 150,000.00 subject to usual accounting and auditing procedures (Section 10).