(NAR) VOL. 19 NO. 1 / JANUARY - MARCH 2008
CEC - | Certificate of Emission Compliance |
DENR - | Department of Environment and Natural Resources |
DOTC - | Department of Transportation and Communications |
DTI - | Department of Trade and Industry |
Flagged - | APETC or LTO District Office marked for supplemental monitoring based on the criteria provided herein. |
Irregularities - | Deviations from the accreditation and authorization terms and condition and from emission test protocols as specified in pertinent DENR/DTI/DOTC issuances and the PCAA-implementing Rules and Regulations (IRRs). |
IT Provider - | A company engaged in information technology that provides electronic data services to the LTO |
LGU - | Land Government Unit |
LTO- | Land Transportation Office |
MMDA- | Metro Manila Development Authority |
NGO - | Non-Government Organization |
Non-Appearance - | Generation of a test result and subsequent issuance of CEC or Motor Vehicle Inspection Report (MVIR) without conducting actual emission test on motor vehicle |
PCAA - | Philippine Clean Air Act of 1999 or Republic Act 8749 |
PETC - | Private Emission Testing Center (DTI Accredited and DOTC-LTO authorized) |
Reference Test Result- | Test result obtained from an emission test conducted on the Test Vehicle by an accredited and authorized PETC |
Service Area- | consists of several PETC lanes clustered into a specific operational area based on acceptable distance traveled by a motorist seeking emisĀsion testing of his vehicle |
TESDA - | Technical Education and Skills Development Authority |
Test Vehicle- | A vehicle with a verified emission test result |
Volunteer- | An individual from an NGO who is an observer in the Monitoring Team |
a. Ensure that immediate action is taken against PETCs and LTO testing facilities found violating the provisions of this JAO;5.2 Regional PETC Monitoring System
b. Provide and set the necessary policy and administrative directions to effectively implement the JAO;
c. Create an inter-agency national Technical Working Group (TWG) that will. provide technical secretariat assistance to the NEC;
d. Recommend and endorse to appropriate government agencies, such programs and policies that are necessary to support the operationalization of the JAO, including budgetary requirements for implementing the JAO; and
e. Recommend and endorse to appropriate government agencies the proper action against emission testing centers and government officials/staff found violating the provision of this JAO.
The Regional Monitoring Committee (RMC) shall be mainly responsible for co- . ordinating the actual monitoring activities in the regions. It will be headed by the LTO-Regional Office Director and shall have the following as members:The RMTs are tasked with monitoring all PETCs and LTO facility/activity in their jurisdictions at least once a year i.e., total number of monitoring visits to be spread across the year.
- Regional Director or Assistant Regional Director of the DTI Regional Office;
- Regional Director or Pollution Control Division Chief of the DENR-EMB Regional Office; and
- Regional Director or Assistant Regional Director of the TESDA Regional Office
* Provided, however, that when monitoring is done on an LTO testing facility/ activity, the chairmanship of the RMC shall be rotated between DTI and DENR. Moreover in this case, LTO shall also inhibit from relevant RMC decisions.
The RMC shall have the following specific functions:
-Nominate respective representatives (permanent and alternate) to the RMT;
-Provide oversight guidance to the RMT in the actual conduct of the PETC monitoring;
-Approve the monitoring plan of the RMT:
- Ensure that immediate and necessary action and proper penalties as provided for u nder this JAO are imposed on violations against the provisions of th is JAO, as validated in the monitoring reports using department/agency's respective adjudication procedure;
- Review and evaluate the monitoring reports of the RMT;
- Submit quarterly monitoring reports, including RMC's minutes of meetings, to the NEC: and
- Prepare an annual technical and financial work plan to be submitted to the NEC The Chairman of the RMC shall.have the following responsibilities:
-Act as lead convenor of the RMC during its meetings: and
- Ensure that all the responsibilities/functions of the RMC shall be under taken
5 2.2 Regional Monitoring Team (RMT)
Each RMT shall be composed of the following members:
A Regular Members 1. Team Leader - a representative from LTO Regional Office
2. Team Members- a representative from the DTI Regional Office, DENR- EMB Regional Office or their respective relevant Provincial Office and TESDA Regional Office
B. Observers - may be invited and shall serve on a case-to-case basis who may be a representative of the:
1. LGU where the PETC is located;
2. Office of the Regional Ombudsman;
3. NGO advocating Clean Air, or
4. Media
A RMC Secretariat, based at the Regional LTO shall also be created. This secretariat shall provide administrative and logistics support to the RMC and the RMT.5.3 National Technical Working Group (NTWG)
- A representative of the DENR-EMB Central Office;The TWG shall assist the NEC in coordinating and implementing activities pertinent to the provisions of this JAO. Specifically, the TWG shall have the following functions:
-A representative of the DTI Centra! Office;
-A representative of the LTO-Central Office;
-A representative of an NGO with advocacy on clean air; and
- Other development partners may be invited by the NEC as advisor/observer
The RMT shall conduct the following types of inspections:SECTION 7. Procedure for Mandatory On-site Inspection of PETC - The RMT, upon arnvai at the PETC premises, shall inform the PETC operator that an on-site inspection shall be conducted. The PETC operator shall be required to produce/disclose the foliowing requirements:
- Mandatory On-site inspection - The mandatory method in the conduct of regular PETC monitoring, which shall be conducted exclusively within the premises of the PETC.
- Supplemental Inspection - The use of covert methods in inspecting PETCs on a supplemental and case-to-case basis as in the case of those reported to have committed irregularities in the conduct of emission tests. This type of inspection may only be conducted upon prior approval of the RMC and must be based on a report or complaint as provided for in section 8.1 herein.
a. Valid PETC accreditation and authorizationThe RMT shall also refer to the Annexes of this JAO to evaluate the PETC's compliance/performance vis-a-vis their certificates of accreditation and authorization.
b. Record of CEC issued for the month being monitored including copies of receipts issued.
c. Certificate of calibration of test equipment
d. Valid technician certification, issued by TESDA
e Valid technician authorization, issued by LTO
f. Test equipment interfaced with the PETC-IT system
g. Serial number of test equipment that corresponds to the accreditation record
a. the name of the PETC or LTO-Testing Center;The RMC shall immediately act on the documented report on complaint by dispatch-ln9 the RMT to undertake supplemental inspection. The RMT shall submit its inspection to the RMC within 3 working days after the inspection is made. Findings of irregularities by the RMT shall be conveyed by the RMC to the appropriate regional directors for immediate action. The RMC shall also be required to submit a report to the NEC together with the action{s) taken.
b. the specific violations committed; and
c. the name and contact number of the complainant.
- Complaints received by a Regional LTO/DTI/DENR office through text messages, telephone calls or written reports must be immediately relayed to the RMC Secretariat and within one (1) week to the RMC, with a copy furnished the National TWG.
-Complaints received by any of the central offices of DTI. DOTCor DENR must be immediately relayed to the National TWG, who shall then convey the information to the RMC concerned for its action.
- Number of tests conducted per day vis-a-vis the number of lanes, using the following reference ratios:The TWG shall prepare its analysis of the above indicators as basis for supplemental spection of the PETCs or LTO testing facility. A report/recommendation shall then be jbmitted to the NEC to secure endorsement on subsequent action to be taken by the MCs. The endorsement by the NEC shall then be conveyed, through the TWG, to the MCs for its appropriate action.
- 32 tests per day fordiesel vehicles based on 15 minutes test duration -48 tests per day for gasoline vehicles based on 10 minutes test duration
-Rate of vehicles passing the emission tests using 90% passing rate as initial cutoff;
- Number of CECs issued by the PETCs' or LTO Testing Center vis-avis the number of motor vehicle registrations issued by an LTO-DO on a per month basis.
a. An RMT shall be dispatched to the vicinity of a flagged testing center.9.2 Monitoring Procedure for Reported Non-Appearance Cases
b. A vehicle that has just completed an emission test and has just exited the premises of the flagged testing center shall be flagged down by the RMT.
c. This vehicle shall be subjected to an emission test to be conducted by the RMT.
d. The results of the emission tests conducted by the RMT and the flagged test center shall then be compared. If the result shows discrepancy (plus or minus 15% whether passed or failed) between test conducted by the flagged testing center and the RMT, a mandatory on-site calibration on the testing equipment of the PETC shall be conducted at the expense of the center and with the presence of the RMT.
9.2.1 Issuance of CECs for Vehicles Without Undergoing Actual Emission Test9.3 Flexibility of Operations - The RMT or the TWG, with the approval of the RMC or the NEC, respectively, may implement other covert means, such as, but not limited to entrapment operations, in verifying any reported violations committed by entities/individuals against the provisions of this JAO.
The RMT shall verify the actual number of vehicles tested by the PETC or LTO Testing Center by posting personnel who shall conduct actual count of vehicles tested for at least one day. The personnel shall report the number of vehicles to the RMT. This information shall be compared with the number of CECs issued . by the PETC for that specific day. If the number of CECs issued is greater than the number of vehicles that entered a particular PETC, then a violation shall be deemed to have been committed.
9.2.2 Registration of Vehicles Without Undergoing Actual Emission Test
The RMT shall verify the actual number of vehicles tested by a PETC or LTO Testing Center by posting personnel who shall conduct actual count of vehicles tested for at least one day. The personnel shall report the number of vehicles to the RMT This information shall be compared with the number of motor vehicle registrations for that specific day. If the number of motor vehicles registered is greater than the number counted plus CECs received, then a violation shall be deemed to have been committed.