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Attorneys of the Philippines Legal News

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A Proposed Amendment To Put A Lid On Smoke Belching Vehicles

Aside from the worsening traffic condition in Metro Manila, air pollution is another problem that continues to plague city dwellers. In answer to the growing concern on air pollution, a lawmaker proposed House Bill 6298, which will be in conjunction with Section 46 of Republic Act 8749 or better known as the Philippine Clean Air Act of 1999. The current version aims to penalize both operators and drivers of smoke belching vehicles. The proposed amendment shifts its focus to the operators since the drivers are just employees and they do not have access or proper means for vehicle repairs according to Quezon City Rep. Alfredo Vargas lll.

Vargas also emphasizes the role of operators in repairing or replacing parts that can be detrimental to passing the emission standards. The fines range from 2000 to 6000, and an additional one-year suspension of the motor vehicle registration (MVR) once offense has been committed for the third time. In the proposed amendment, the fines will range from 6000 to 10000 and a one-year suspension of MVR. Vargas also cited that one of the biggest factors Metro Manila continues to have poor air quality is the air pollution from the motor vehicles.

Here’s an overview Sec. 46 of the Philippine Clean Air Act:

SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless   it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to   smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this   purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be   shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of   the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the   necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize   the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose   of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to   correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle   can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control   management conducted by the DOTC and shall also suffer the following penalties:

    a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

    b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
    Thousand Pesos (P4,000.00); and

    c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than   Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance   program, including technicians and facility compliance shall penalized with a fine of not less than Thirty   Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as   determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and   apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose,   the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned   agencies and private entities shall design a training program.

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