Law Summary
Recognized Risks and Rationale
- Cellular phones may emit electric sparks from their keypads or ringers, which could ignite gasoline fumes.
- Although no documented cases confirm such ignition, safety concerns are recognized by DOE, DOTC, oil companies, and local governments.
- Manufacturers' warnings and local ordinances support the precautionary stance against phone use during refueling.
- Explosive atmospheres may not always be clearly marked, prompting a preventive policy.
Mandatory Warning Sign Posting Requirement
- Gasoline station dealers/operators must post clear, conspicuous warning signs at each pump island warning against cellular phone use while refueling or anywhere in the forecourt.
- A specific warning sign design is provided as an annexure to the circular.
- Oil companies and dealers may use their own warning signs but must first secure DOE approval.
Penalties for Non-Compliance
- Failure to post the required warning signs or equivalents results in escalating penalties:
- First Offense: Warning issued.
- Second Offense: Fine of PHP 2,000.
- Third Offense: Fine of PHP 5,000.
- Compliance will be verified through inspections conducted by the DOE.
Implementation Timeline and Enforcement
- The circular becomes effective fifteen (15) days after publication in two newspapers with general circulation.
- Full compliance deadline is no later than July 30, 2002.
- The circular was adopted and signed by the DOE Secretary, ensuring official enforcement authority.