Vehicle emission testing Dad's proposal goes against existing law

The City Council committee on laws and ordinances returned the proposal of councilor Nestor Archival Sr. seeking the accreditation of private emission testing centers after it found out that the measure contravenes with an existing law.

In his proposal, Archival, chairman of the council committee on environment, said the city will be the one to conduct a random confirmatory test on vehicles cleared by city-accredited private emission testing centers. The move, he said, is in compliance with Section 468 of Republic Act 7160 of the Local Government Code.

But councilor Edgardo Labella, chairman of the council committee on laws and ordinances, said "the proposed ordinance must be viewed in relation to existing laws on vehicular emissions and resulting pollution, which in this case is Republic Act 8749, the Philippine Clean Air Act of 1999 to avoid duplication of controls, procedures and penalties and possible conflicts."

Labella said under the RA 8749, the Department of Transportation and Communication will implement the emission standards for motor vehicles.

But the law also provided that no vehicle shall be registered with the DOTC unless it meets the emission standards set by the department. In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control and management conducted by the DOTC.

He will also have a penalty of P2,000 for the first offense, P2,000 to P4,000 for the second offense, P4,000 to P6,000 and a one-year suspension of the Motor Vehicle Registration for the third offense.

Labella said enforcement officials and deputized agents accredited to conduct vehicle emission testing and apprehensions shall undergo a mandatory training on emission standards and regulations.

It will be the DOTC, together with the Department of Trade and Industry, Department of Science and Technology, Philippine National Police and other concerned agencies and private entities that will design the training program.

"It is my submission of the Committee that the proposed ordinance be returned to its proponent for him to take into consideration on the provisions of RA 8749 and determine whether or not the proposed measure would not contravene with any provisions of the statute," Labella said in his two-page report. - Garry B. Lao