INTERIM IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8749, “THE PHILIPPINE CLEAN AIR ACT OF 1999”
Department to promulgate the Implementing Rules and Regulations (IRR) of
this Act within one (1) year from its enactment, and in view of Section
55 of the said law repealing Presidential Decree No. 1181 and partly
modifying Presidential Decree Nos. 984, 1152 and 1586 thereby
correspondingly repealing and modifying their respective IRRs, the
Department therefore, hereby temporarily adopts the DENR Administrative
Orders (DAOs) indicated below with modified provisions to conform with
the requirements of RA 8749, to wit:
1. DENR Administrative Order No. 14, Series of 1993
2. DENR Administrative Order No. 98-46
Pursuant to the provisions of Section 21 of R.A. 8749 the Department
of Transportation and Communication (DOTC) shall enforce and implement
the following provisions:
a. Section 4 – Item Nos. b, e, g and j (Annex “1”)
b. Section 8 (Annex “2”)
c. Section 29-33, 41 and 42 (Annex “2”)
Pursuant to Section 34 of RA 8749 the Environmental Management
Bureau (EMB) of the Department shall provide technical assistance,
training and continuing capability-building program to DOTC. To ensure
proper and effective enforcement of RA 8749, the EMB shall certify the
conformity to standards of emission control technology or equipment, and
emission test equipment before it can be used and introduced into
commerce.
All other provisions of the above-mentioned Administrative Orders
not indicated herein and are likewise not in conformity with R.A. 8749
are hereby repealed and modified accordingly.
This Order takes effect fifteen (15) days after its publication in
at least two (2) newspapers of national circulation in the Philippines
or submission of three copies hereof to the UP Law Center.
Adopted: 07 Jan. 2000
(SGD.) ANTONIO H. CERILLES
Secretary
Annex “1”
Section 4. Administration and Enforcement
. — These Rules and Regulations shall be administered by the Department
and/or by its authorized representative(s) as the primary government
agency responsible for the effective administration and enforcement of
these Rules. As such, it shall have the following functions, powers and
responsibilities:
a) Establish emission standards after due consultation with the concerned sectors;
b) Prepare and implement an integrated framework and annual action plans for the management of motor vehicles’ emissions;
c) Update itself on the advanced and modern methods of combating and minimizing air pollution from motor vehicles;
d) Coordinate with the Department of Science and Technology
(DOST) and the Department of Energy (DOE) in finding alternative sources
of fuel and transport systems that would rely less on fossil fuel;
e) Establish a cooperative effort among
the national government, local government units, non-governmental
organizations (NGOs), people’s organizations (POs) and the private
sector in order to effectively implement these Rules;
f) Issue policy guidelines, instructions or procedures,
design criteria governing the preparation of plans and specifications
for pollution control devices;
g) Call on the Department of
Transportation and Communication (DOTC), Department of Trade and
Industry (DTI), DOST, DOE pursuant to section 7 and 9 of PD 1181; and
other concerned government agency, corporation, institution, and other
instrumentalities, should they approve, for assistance in the form of
personnel, facilities, and other resources, as the need arises in the
discharge of its functions,
h) Disseminate information and conduct educational awareness
campaigns on the effects of air pollution from motor vehicles on health
and the environment, with particular emphasis to the concerns on
climate change;
i) Encourage, participate in, and conduct continuing
studies, investigations, researches and demonstrations on the effective
means of controlling, preventing and managing air pollution including
improvement in the implementation strategy, technology or
instrumentation to rationalize the basis emission standards for motor
vehicles;
j) Issue order against any person or entity and
impose the appropriate fines, penalties and other administrative or
penal sanctions as provided by our motor vehicle pollution control laws
to compel compliance with emission regulations and the provisions of
these Rules; and
k) Exercise such powers and perform such other functions as
may be necessary to carry out its duties and responsibilities under PD
1181 and these Rules.
Annex ”2”
Section 8. Deputization . — The
Department, through the Secretary may deputize in writing as many agents
as it shall deem necessary for the effective implementation and
enforcement of these Rules. The Secretary shall also designate hearing
officers to hear and decide cases of violation of the motor vehicle
pollution control laws, PD 1181 and the provisions of these Rules.
Section 29. Scope. — This Chapter
shall apply to the control of exhaust emissions for in-use motor
vehicles and unregistered rebuilt vehicles including imported used
vehicles emphasizing regular and proper vehicle maintenance and
utilizing appropriate test procedures and equipment. The objective is to
bring about significant reduction in exhaust emissions by:
a) Bringing about the repair of vehicles that fail the tests
due to excessive emissions of carbon monoxide, hydrocarbons and visible
emissions;
b) Assisting the LTO and other concerned agencies in the
proper inspection and maintenance of vehicles to insure that they
conform to prescribed emissions standards; and
c) Deterring owners/drivers from tampering the adjustment of
engine system, pollution control devices and misfuelling of vehicles.
Section 30. Mandatory Periodic Emission Inspection
a) Gasoline-Powered Motor Vehicles – The mandatory periodic
emission inspection for this type of vehicle shall include the
measurement of CO and HC concentration at low idle and raised idle speed
in accordance with Annex 1 of these regulation.
b) Diesel-Powered Motor Vehicles – The mandatory periodic
emission inspection of motor vehicles powered by compression ignition
engines shall include measurement of smoke opacity by the free
acceleration method from low idle speed in accordance with Annex 2.
c) Schedule of Mandatory Periodic Emission Inspection – The
frequency or schedule of mandatory periodic emission inspection is based
on the Gross Vehicle Mass and intended use of such motor vehicles,
under the basic assumption that for hire, public utility and heavier
vehicles should undergo more frequent emission inspection. The following
schedule of mandatory emission inspection is hereby adopted:
i. For privately owned vehicles and those not for hire and
not considered public utility vehicles such as passenger cars,
owner-type jeeps, diplomatic and government vehicles, motor cycles and
light duty vehicles of not more than 4.5 T gross vehicle mass, the first
emission inspection shall commence on the fourth registration year and
subsequently, will be biennial until the twelfth year and annually
thereafter. For vehicles that are rebuilt or imported used, the first
emission inspection shall commence on the first registration year; andii. For hire and public utility and other vehicles with
gross vehicle mass of more than 4.5T not included in A above, the
mandatory emission inspection shall be annually starting from the second
to fourth registration year and semi-annually thereafter. For vehicles
that are rebuilt or imported used, the first emission inspection shall
commence on the first registration year.
Section 31. Random Road Inspections
a) The random roadside inspection shall be undertaken when a
motor vehicle is emitting visible emission and shall consist of two
types:
i) Roadside pull-overs with portable emission test
equipment. This is applicable to both gasoline- and diesel-powered
vehicles; andii) Roadside pull-overs and applicable to diesel-powered
vehicles only where no test equipment is available but using only the
Ringelmann Chart and/or inspector’s expertise for visually determining
the smoke density.
b) Under the type (i) random inspection system, an emission
test for CO and HC is conducted using a non-dispersive infra-red (NDIR)
instrument (Annex 2) for spark-ignition engines and a duly approved
opacimeter or smoke meter for diesel engines (Annex 1) to determine
vehicle compliance with the pertinent smoke opacity standards.
After passing the emission test, a Certificate of Emission
Compliance sticker is issued for attachment to either the front
windshield or the glass window at the rear of the driver. If the vehicle
fails the test, this shall be deemed as a prima facie evidence of
violation and shall cause the monitoring team/unit to issue a charge and
subpoena ticket in accordance with Section 13 of PD 1181.
c) Similarly under the Type (ii) random inspection system,
the inspecting team shall issue an order for emission testing to be done
at a duly accredited testing center or repair shop.
If the results of the emission test indicate compliance with the
standard, the driver/owner shall be issued a Certificate of Emission
Compliance.
However, if the test results indicate non-compliance with the
standards, the head of the testing station shall issue a repair order to
be undertaken by any accredited repair shop within a period of two
weeks, with instructions to the driver/owner to submit the vehicle for a
retest at the same station within forty-eight (48) hours after
completion of the repair. The said vehicle shall be prohibited from
being operated on any public road or highway until issued a Certificate
of Emission Compliance. The repair order shall be attached to the front
windshield of the vehicle.
Section 32. Agencies Authorized to Perform Emission Inspection
The agencies or special units that shall conduct mandatory periodic
inspection and random roadside inspection are the following:
a) For Mandatory Periodical Inspection, Prior to Renewal of Registration
– Land Transportation Office (LTO), in addition to the
inspection of safety and road worthiness, in accordance with RA 4136,
– Special Testing Centers that may be accredited or authorized by DENR, LTO and DTI, whenever necessary.
b) For Random Roadside Inspection
– DENR Regional Offices
– LTO and its Law Enforcement Service Offices
– Metro Manila Development Authority
– Local Government Units
– Philippine National Construction Corporation Special Team for the North and South Expressway
– Other duly authorized agencies or entities such as Non-Government Organizations
Section 33. Authorized/Accredited Repair Shops
– The repair of motor vehicle engines, exhaust system and pollution
control devices shall preferably be done by automotive repair shops or
service stations that are duly accredited by the DTI. These facilities
shall be equipped with standard automotive repair tools, standard spare
parts and pollution test equipment conforming to applicable ECE, ISO or
SAE standards. It is also required that these repair shops or service
stations shall have highly skilled mechanics and/or technicians who have
on-the-job training certificates from DTI, local assemblers and
manufacturers of motor vehicles. The DENR, DTI and DOTC shall establish
the criteria for accreditation of automotive repair shops and service
stations in consultation with motor vehicle assemblers within sixty (60)
days from the effectivity of these Rules.
Section 41. Prohibitions
(a) No owner or operator of a vehicle shall be allowed to
discharge air pollutants at levels greater than the pollutant
concentration standards prescribed in these Rules.
(b) No owner or operator of a motor vehicle shall use or cause
or allow such vehicle to be used unless it meets the emission standards
established in these Rules and Regulations.
(c) No person shall sell, register or operate any new
imported or locally manufactured motor vehicle without any certification
from the Department that it meets the emission standards prescribed in
these Rules.
(d) No person shall do any other act that is prohibited in these Rules and Regulations.
Section 42. Penalties. — Any person
violating PD 1181 and/or any provision of these Rules and Regulations
involving the same vehicle shall, for the first offense be liable to a
fine of not exceeding P200.00, for the second offense to a fine of not
exceeding P500.00 and for the third and succeeding offense to a fine of
not exceeding P1,000.00 plus the suspension of his vehicle’s certificate
of registration, until such time as there shall be compliance with the
requirements of these Rules.