The new order from the LTO was issued in a bid to give more teeth to the agency’s campaign in fully implementing the Clean Air Act of 1999.
LTO chief Assistant Secretary Anneli Lontoc said yesterday said she has issued a memorandum which removes the 24-hour contestability period given to apprehended smoke belchers.
Lontoc noted that a review committee, led by LTO Traffic Adjudication Service chief Manuel Morente, found out that the 24-hour contestability period frees six out of 10 smoke belchers from being penalized by the LTO.
Smoke belchers are fined P1,000 for the first offense, P3,000 for the second , and P5,000 for the third and succeeding offenses, plus possible suspension of the driver’s license and revocation of the registration of the car owner.
Lontoc said the LTO decided to remove the said 24-hour period since it has no legal basis and was only issued because the LTO had no emission testing equipment back then.
When the LTO acquired equipment, she pointed out, the ruling was not changed, which, in turn, resulted in the dismissal of several cases filed against smoke belchers.
She said if suspected smoke-belching vehicles test positive on LTO’s emission check, the test could already be used as prima facie evidence.
"According to the law, it’s prima facie evidence," Lontoc said.
She also said the scheme could be a big boost against the anti-pollution campaign of the Department of Environment and Natural Resources (DENR).
She said that studies have shown that vehicles are the biggest source of air pollution.