lto law

13
Template for Compilation of Relevant Laws, Regulations and Similar Issuances Pertaining to all types of Power-Driven Vehicles and Trailers PHILIPPINES Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if any Form Issued Remarks Department of Energy / Oil Industry Management Bureau Oil Industry Standards & Monitoring Division Focal Person: Alvin David T. Lim 1. Fuel Requirements Sec. 27 of R.A. 8749 (The Phil. Clean Air Act of 1999) Sec. 12 of R.A. 8479 (The Downstream Oil Deregulation Law of 1998) Registration of Fuel Additives 1. Sec. 27 and Sec. 47 of R.A. 8749 (The Phil. Clean Air Act of 1999) 2. Sec. 12 of R.A. 8479 (The Downstream Oil Deregulation Law of 1998) 3. IRR of R.A. 8749 (The Phil. Clean Air Act of 1999) 4. IRR of R.A. 8479 (The Downstream Oil Deregulation Law of 1998) Submission of application/documents Payment of processing/ certification fee Evaluation of application by OISMD Preparation of Memorandum of Approval (MOA) and Certificate of Fuel Additive Registration (CFAR) by OISMD Review/endorsement for approval of MOA/CFAR/ by OISMD/OIMB Endorsement of MOA & CFAR for Secretary’s approval by OIMB List of Requirements: 1. Accomplished DOE- OIMB Registration Form 2. EMB-DENR Pre- Manufacturing & Pre- Importation Notification Compliance Certificate 3. Material Safety Data Sheet (MSDS) 4. Complete Product Identify/Information 5. Description and Analytical Techniques in the determination of concentration if additive 6. Purpose and recommended dosage 7. Emission characteristic/result, Performance test results/feasibility studies 8. Laboratory Quality test results (vs. PNS) 9. Regulatory Status of the Additive in other countries 10. Authenticated copies of SEC/DTI registration, Mayor/Business Permits Department of Transportation and Communication (DOTC) Focal Person: Corazon Japson Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if any Form Issued Remarks 1. Vehicle Classification DOTC Dept. Order No. 97- 1079 – “Providing Standard Classifications for All Public Transport Conveyances” Date: 29 September 1997 DOTC Dept. Order No. 98- 1127 – “An Order Providing

Upload: jett-alan-lee

Post on 30-Oct-2014

231 views

Category:

Documents


22 download

TRANSCRIPT

Page 1: lto law

Template for Compilation of Relevant Laws, Regulations and Similar Issuances Pertaining to all types of Power-Driven Vehicles and Trailers

PHILIPPINES

Subject Matter Relevant Law Issuance/Regulation Procedures Documentary

Requirements and Fees, if any

Form Issued Remarks

Department of Energy / Oil Industry Management Bureau Oil Industry Standards & Monitoring Division Focal Person: Alvin David T. Lim 1. Fuel Requirements

Sec. 27 of R.A. 8749 (The Phil. Clean Air Act of 1999) Sec. 12 of R.A. 8479 (The Downstream Oil Deregulation Law of 1998)

Registration of Fuel

Additives 1. Sec. 27 and Sec. 47 of R.A. 8749 (The Phil. Clean Air Act of 1999) 2. Sec. 12 of R.A. 8479 (The Downstream Oil Deregulation Law of 1998) 3. IRR of R.A. 8749 (The Phil. Clean Air Act of 1999) 4. IRR of R.A. 8479 (The Downstream Oil Deregulation Law of 1998)

• Submission of

application/documents • Payment of processing/ certification fee • Evaluation of application by

OISMD • Preparation of Memorandum

of Approval (MOA) and Certificate of Fuel Additive Registration (CFAR) by OISMD

• Review/endorsement for approval of MOA/CFAR/ by OISMD/OIMB

• Endorsement of MOA & CFAR for Secretary’s approval by OIMB

List of Requirements: 1. Accomplished DOE-

OIMB Registration Form 2. EMB-DENR Pre-

Manufacturing & Pre-Importation Notification Compliance Certificate

3. Material Safety Data Sheet (MSDS)

4. Complete Product Identify/Information

5. Description and Analytical Techniques in the determination of concentration if additive

6. Purpose and recommended dosage

7. Emission characteristic/result, Performance test results/feasibility studies

8. Laboratory Quality test results (vs. PNS)

9. Regulatory Status of the Additive in other countries

10. Authenticated copies of SEC/DTI registration, Mayor/Business Permits

Department of Transportation and Communication (DOTC) Focal Person: Corazon Japson

Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if

any

Form Issued Remarks

1. Vehicle Classification

DOTC Dept. Order No. 97-1079 – “Providing Standard Classifications for All Public Transport Conveyances” Date: 29 September 1997 DOTC Dept. Order No. 98-1127 – “An Order Providing

Page 2: lto law

2. Emission Requirements 3. Road Transport 4. Authorization

Republic Act No. 8749 – The Philippine Clean Air Act of 1999 – Section 21 Article 4 Section 21 (B) of the Republic Act No. 8749 – “The Philippine Clean Air Act of 1999” – DOTC/LTO is mandated to implement emission standards for motor vehicles as provided in the Act, authorize private emission testing centers duly accredited by DTI and formulate, together wit DTI, a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of

Additional Types of Public Transport Services and/or Modifying Certain Provision on DO No. 97-1097” Date: 21 January 1998 DOTC Dept. Order No. 2002-39 – “An Order Modifying Certain Provision of DOTC DO No. 97-1097 and 98-1127” Date: 13 August 2002 IRR R.A. 8749 – The Philippine Clean Air Act of 1999 – Rule XXXII, Emission Control for in-Use Vehicle DOTC Dept Order No. 2000-11 – “An Order Providing Policies and Guidelines in the Enforcement of the Motor Vehicle Permissible Emission Level and other Activities Related to the Mitigation of Air Pollution Emission from Motor Vehicles” Date: 17 January 2000 DOTC Dept. Order No. 96-963 – “Modernization of Public Transport Services” this DO sets the minimum age requirement of public transport services to ensure the operation of road worthy vehicles IRR of R.A. 8749 Rule XXXIV – National Motor Vehicle Inspection and Maintenance Program Section 3 DOTC Authorization of Private Emission Testing Centers (PETCs) DENR-DTI-DOTC Joint Admin Order No. 1 (2003) – Guidelines and Procedures for the Monitoring of Accredited and Authorized PETCs and LTO Emission Testing

Page 3: lto law

5. Safety Requirements

motor vehicle. R.A. 4136 –“Land Transportation & Traffic Code” Date: 20 June 1964 Chapter III – Operation of Motor Vehicles Chapter IV – Traffic Rules R.A. 8750 – “Seat Belts Use Act of 1999” Date: 05 August 1999

Activities DOTC Dept. Order No. 2004-01 –“Rules and Regulations Concerning the Issuance of DOTC/LTO authorization of Motor Vehicle Private Emission Testing Center (PETC) DOTC Dept. Order No. 94-806 – “Guidelines Prohibiting the Initial Registration of Right Hand Drive (RHD) Motor Vehicle” Administrative Order No. 83 AO-DIR-005 Subject: Right Hand Motor Vehicles Date: 13 December 1983

Bureau of Import Services (BIS) Focal Person: Elias V. Deveza Jr.

Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if

any

Form Issued Remarks

1. Vehicle Classification 2. Registration Requirements 3. Testing and certification 4. Parking 5. Product Specification 6. Packaging 7. Labeling 8. Claims 9. Export Requirements 10. Import Requirements

Mandatory Accreditation of Rebuilding Center Providing Comprehensive Policy and Dir. For MVDP and its implementing guidelines

DAO No. 08 – signed Oct. 23, 2003 Effective January 2004 EO 156 signed Dec. 12, 2002 - Effectivity Jan. 2003

See Attached checklist of requirements Used Trucks Requirements: 1. Trucks with GVW – 2.5 to 6 tons 2. Left Hand Drive 3. Property Fill-up

1. Application for accreditation of rebuilding center 2. Application for Authority to import (see attached application) Application for Authority to import for used trucks / buses / No Dollar importation and application form

Page 4: lto law

11. Emission Requirements 12. Fuel Requirements 13. Road Transport worthiness 14. Safety Requirements 15. Road signage and nomenclature 16. Traffic signage 17. Accreditation 18. Authorization 19. Licensing 20. Others

IRR on EO 156 IRR on EO 156 DAO No. 08

EO 156 signed Dec. 12, 2002 - Effectivity Jan. 2003 EO 156 signed Dec. 12, 2002 - Effectivity Jan. 2003 DAO No. 08

application form 4. Proforma Invoice Used Buses: 1. GVW 6 to 12 tons 2. Left Hand drive 3. Properly Fill-up Application form 4. Proforma Invoice NO-Dollar Importation 1. Left Hand Drive 2. Not to exceed 3,000 kgs. 3. 1 yr. residency abroad (see attached Checklist) Compliance to Emission Standard Certificate of Road worthiness from the country of origin See attached checklist of requirements

for importation of parts and components Application for accreditation of rebuilding center

Board of Investments (BOI) Focal Person: Ms. Vicelyn V. Layno

Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if

any

Form Issued Remarks

1. Motor Vehicle Development Program (MVDP) Assembly of Motor Vehicles

Exec. Order (E.O) No. 156 – Providing for a comprehensive industrial Policy and Directions for the Motor Vehicle Development Program Issued on Dec. 12, 2002 Effectivity: January 2003 Covers the following

Guidelines to implement E.O. 156 Supplemental guidelines on the implementation of the motorcycle program component or Classification III of E.O. No. 156

Flowchart – attached as Annex A Guidelines – attaches as Annex B

Please refer to attached Annex B

Please refer to attached Annex B

Page 5: lto law

declared policies to accelerate the sound development of the motor vehicle industry: - Restructuring of Most

Favored Nation (MFN) Tariff Rates

- Rationalization of Excise Taxes - Regional Complementation under the AICO Scheme - Provision of Export Incentives - Prohibition of Used Vehicles Importation E.O. No. 262 – Modifying the Nomenclature & Rates of Duty on Motor Vehicles under Section 104 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464, as amended) Issued on: 30 Dec. 2003 Effectivity: 29 Jan. 2004 E.O. 312, series 2004, Providing amendments to Executive Order 244, series 2003, “Modifying the Rates of Duty on Motor Vehicles, as provided for under the Tariff and Customs Code of 1978 (Presidential Decree No. 1464, as amended), in order to implement Preferential Rates thereon under the Auto. Export Program.” Issued on: 1 May 2005 E.O. No. 397, series 2004, Reducing the rates of import duty on completely-knocked down parts and components for assembly of low engine displacement and hybrid vehicles. Issued on: 31 Dec. 2004 E.O. No. 418, series 2005, Modifying the tariff nomenclature and rates of

Guidelines to implement E.O. 262, series 2003, in conjunction with E.O. 264, series 2003 Guidelines to Implement E.O. No. 312 Implementing Guidelines covered under E.O. No. 156 Implementation handled by the Bureau of Customs (BOC)

Flowchart – please refer to Annex A Guidelines attached as Annex C Guidelines attached as Annex D

Please refer to Annex C Please refer to attached Annex D

Please refer to Annex C Please refer to attached Annex D

Page 6: lto law

import duty on used motor vehicles under section 104 of the tariff and custom codes of 1978 (Presidential Decree No. 1464, as amended) Issued on: 4 April 2005 Effectivity: 23 April 2005 E.O. No. 419 series of 05, Temporarily increasing the rates of import duty of high engine displacement completely built up vehicle under section 104 of the tariff and customs code of 1978 (Presidential Decree No. 1464), as amended Issued on: 4 April 2005 Effectivity: 23 April 2005

Implementation handled by the Bureau of Customs (BOC)

Land Transportation Office Focal Person: Florencia A. Creus

Subject Matter Relevant Law Issuance/Regulation Procedures Documentary Requirements and Fees, if

any

Form Issued Remarks

1. Vehicle Classification 2. Registration Requirements

1. R.A. 4136 – Land Transportation and Traffic Code, Section 7, Registration Classification Effectivity: upon approval Approved: June 20, 1964 2. BP 74 – An Act Amending Certain Sections of RA 4136 Effectivity: upon approval Approved: June 11, 1980 3. R.A. 8794 – An Act Imposing a Motor Vehicle’s User’s Charge on Owners of all types of Motor Vehicles and for other purposes Approved: June 27, 2000 Effectivity: upon approval 1. Philippine Legislative Act 3992 – An Act to amend and compile the Laws relative to Motor

1. Administrative Order No. 3 – Rules and Regulations on the New System of Registration Pursuant to Batas Pambansa Blg. 43 and 74, Amending Related Provisions of RA 4136 Effectivity: Jan. 1, 1981 Approved: Sept. 24, 1980 2. MC No. BGC-MC-01328 (26 January 2001) – Implementing Guidelines for RA 8794 and the Corresponding Joint DPWH-DOTC IRR dated 16 August 2000 3. MC No. BGC-MC-01328A (01 February 2001) – LTO Implementing Guidelines for RA 8794 under MC BGC-MC-01328 1. AO No. 3 2. MC No. BGC-MC-01328

Refer to AO No. 3 Procedure is described in the implementing guidelines refer to BGC-MC-01328 and BGC-MC-01328A Refer to the attached MV Registration Procedures

Refer to AO No. 3 Refer to the Schedule of Motor Vehicle User’s Charge in BGC-MC-01328 and BGC-MC-01328A Refer to the attached Documentary Requirements For the fees refer to the MVUC Law and its IRR

Registration Forms are Accountable Forms

Page 7: lto law

3. Testing and Certifications (Refer to #11 – Emission

Vehicles Approved: Dec. 3, 1932 Effectivity: Jan. 1, 1933 2. RA 4136 3. BP 74 4. BP 43- An Act Providing for the Issuance of Permanent Number Plates to Owners of Motor Vehicles and Trailers, amending for thr purpose Section 17 of RA 4136 5. RA 8794

3. MC No. BGC-MC-01328 4. Memo Circular 546-2004 – Streamlined Procedure in the Registration of Used Imported Motor Vehicles Approved 5. Memo Circular 575-2005 – Implementing Rules and Regulations on the Initial Registration Scheme for Brand New Motor Vehicles valid for 3 years Approved: Feb. 14, 2005 Effectivity: April 7, 2005 6. AO 010-2005 – Initial Registration Scheme for Brand New MV valid for 3 years Approved: Jan. 3, 2005 Effectivity: April 2005 7. Memo Circular 650-2005 – Names and Specimen Signature of the Officials-in-charged of Quality Control 8. Circular No. 84C-DIR-013 – Guidelines in the Confirmation of Commercial Sales Invoice issued to Direct buyers of Motor vehicles, engines and/or Chassis: Duty of Assemblers, manufacturer’s and importers, discontinuance of “Instant” Confirmation of MVs, Engines and/or Chassis Number accompanying the Stock Reports, Sales reports and/or Importers report Approved: July 23, 1984 9. AO 83A-DIR-001 – Rules and Regulations Governing the Issuance and Use of MV Conduction stickers Approved: Feb. 18, 1983

(also attached) Refer to DO 93-693 on the Revised Schedule of Administrative Fees and Charges of LTO

Page 8: lto law

Requirements and # 13 – Road Transport Worthiness) 4.Markings (Refer to the Markings of the Vehicles being inspected by LTO in #3 Road Transport Worthiness) 5. Product Specifications (NA) 6. Packaging (NA) 7. Labeling (NA) 8. Claims (NA) 9. Export Requirements (NA) 10. Import Requirements (NA) 11. Emission Requirements (NA) 12. Fuel Requirements (NA) 13. Road Transport

1. RA 8749 – The Philippine Clean Air Act of 1999 Approved: May 13, 1999 1. RA 4136

1. DENR AO 2000-81 – Implementing Rules and Regulations for RA 8749 2. MC No. 89-094 – Amendment to MC 85-018 and 86-005 Re-setting Smoke Emission Standards of Motor Vehicles inspected on Motor Inspection Stations Approved: Feb. 21, 1989 3. MC No. RTL-MC-03423 – Mandating Emission Test Approved: Jan. 28, 2003 4. MOA among DENR, DOTC, DOLE-TESDA, DTI, DOH on the National CFC Phase-Out Plan Approved: Feb. 5, 2004 5. DOTC DO 2004-34 – An Order Promoting the Operation of CNG Buses in the country Approved: July 8, 2004 6. LTO Memorandum Implementing DOTC DO 2004-34 Approved: July 25, 2004 1. Memorandum Order 86-

Refer to the Implementing Rules and Regulations described in the various Issuances The procedures are discussed

Refer to RTL-MC-03423

MVIR Form (see

Page 9: lto law

Worthiness 14. Safety Requirements

2. Phil. Legislative Act 3992 3. BP 344 Accessibility Law – provides for Expansion of Requirements for Public Transportation, i.e. received seats in buses, jeepneys to enhance the mobility of persons with disability In addition to the Road Transport Worthiness Requirements, are the following Safety Requirements: 1. Letter of Instruction No. 229 – directing the Installation of Early Warning Devices on Motor Vehicles Approved: Dec. 2, 1974 2. Letter of Instruction No. 291 – Effectivity of

003 – inspection of Vehicles as Pre-registration Requisite Approved: June 3, 1986 2. AO-91-005 – Establishing the New Motor Vehicle Inspection System and Promulgating the Rules and Regulations in the Implementation Thereof Approved: Jan. 1, 1991 3. Inspection/Testing of Used-Imported MVs by Accredited Service Shops as Alternative MV Inspection station for all major Ports of Entry for Purposes of Permit to Travel and Initial / First Registration Approved: July 23, 2002 4. Chapter V – Inspection of Motor Vehicles (Motor Vehicle Registration Manual) 5. MC-86-005 – Inspection and Taximeter Scaling of Taxicab Units / Pus and other For-Hire Passenger Cars under a Staggered Schedule Approved: April 11, 1986 6. Inspection and Registration of Taxicabs Six (6) years old and above Approved: June 7, 1985 1. AO No. 1 – Rules and regulations Implementing L01 229, as amended, Requiring Motor Vehicles to be equipped with EWD Approved: Dec. 10, 1976 2. Memorandum – EWD Specifications Approved: Aug. 15, 1995 3. Memorandum – Early Warning Device Approved: Oct. 16, 1995

in each issuance. Refer to the attached copies. Refer to the attached copies of all issuances

attached)

Page 10: lto law

Compulsory MV Liability insurance under the PD No. 612 Effectivity: July 8, 1975 3. Presidential Decree 96 – Declaring Unlawful the use or attachment of Sirens, Bells, Horns, Whistles or Similar gadgets that emit exceptionally loud or startling sounds, Including Domelights and other similar Signaling or flashing devices on Motor vehicles and providing certain exceptions therefore Approved: Jan. 13, 1973

4. Memorandum Circular No. 92-153 – Strict Implementation of Compulsory Installation of EWD in MVs Approved: May 25, 1992 5. Memo Circular 95-219 – Guidelines on the Re-imposition of EWD as a permanent Accessory of all MVs and as a Mandatory Requirements for the Registration Thereof 6. AO No. 1 Series of 1973 – Rules and Regulations Governing the use or Attachment or Sirens, Bells, Horns, whistles or similar Gadgets that emit Exceptionally Loud or Startling sounds, including Domelights and other similar signaling or flashing devices on MVs 7. AO No. 2 – Rules and Regulations governing the maximum weights of motor vehicles to use the highways, roads, and bridges Approved: Aug. 9, 1973 8. AO No. 1 Series of 1980 – Rules and Regulations Governing the Registration and Operation of Privately Owned passenger MVs known as jeepneys or jitneys 9. Memo Circular No. 2 – Letter of Instruction No. 590, Promulgated 27 Aug. 1977 requiring among others that by July 1, 1978 prior to registration by LTC, Reconditioning of Imported Used Trucks should be done by Accredited Reconditioning centers Approved: Jan. 17, 1978 10. Administrative Order BGC-AO-99004 –

Page 11: lto law

15. Road Signage and Nomenclature (NA) 16. Traffic Signage 17. Accreditation 18. Authorization

Presidential Decree No. 207 – Ratifying the 1968 Vienna Conventions of the United Nations on Road Traffic and Road Signs and Signals, respectively Approved: June 6, 1973 1. R.A. 4136 2. R.A. 6539 – Anti-Carnapping Act of 1972, An act preventing and penalizing Carnapping Approved: Aug. 26, 1972 Effectivity: Upon Approval 1. R.A. 8749

Implementing Rules and Regulations Governing the installation and use of Seat-belt devices and Seat-belt Anchorage 1. Administrative Order 88-001 – Accreditation of Manufacturers, Assemblers, importers and Dealers Approved: July 8, 1988 2. Memo Circular RTL-MC-02402 – Inspection / Testing of Used-Imported Motor Vehicles by Accredited Service Shops as Alternate Motor Vehicle Inspection Station for all Major Parts of Entry for purposes of Permit to Travel and initial/first registration 1. DTI-DOTC JAO No. 1 – Guidelines for Accreditation and Authorization of Motor Vehicle Emission Testing Center Approved: July 11, 2001 2. Dept. Order No. 2002-31 - Authorization of Private Emission Testing Centers Approved: August 20, 2002 3. Memorandum on Implementation of Mandatory Emission Test prior to registration of Motor Vehicles in NCR Effective 1 Oct 2002 Approved: Sept. 30, 2002 Effectivity: Oct. 1, 2002

Refer to the attached copies of AO and MC for the procedure Procedures are describe in the issuances Refer to the attached copies

See attached list of requirements Re: Application for PETC Authorization See Fees and Charges in DTI-DOTC JAO No. 1

1. Application for Accreditation 2. MAID Inspection Report 3. MAID Committee Findings and Recommendation 4. MAID Routing Slip 1. Application for Authorization 2. Inspection Report 3. PETC Committee Findings and Recommendation 4. Application for Renewal Authorization 5. Application for Transfer of Location

Page 12: lto law

4. Memorandum on the clarification on coverage and application of various Emission Test Certificates Approved: October 2, 2002 5. LTO MC No. RTL-MC-02413 – Mandatory Emission Test Approved – December 18, 2002 6. LTO MC No. RTL-MC-02415 – Amendment to LTO MC No. RTL-MC-02413 7. MC RTL-MC-03419 – Cost of Emission Test for Public Utility Tricycles 8. MC RTL-MC-03423 – Mandatory Emission Test Approved: 28 January 2003 9. DO No. 2003-24 – An order Amending Certain Section of DO 2002-31 Approved: April 10, 2003 10. Memorandum on the Guidelines and Procedures for the Monitoring of Accredited and Authorized Private Emission Testing Centers (PETC) and LTO Emission Testing Activities Approved: May 6, 2003 11. Department Order No. 2003-51 – An order Nullifying Sections 2 and 3 of DO 2003-31 Approved: Oct. 13, 2003 12. DO 2004-01 – Rules and Regulations Concerning the Issuance of DOTC/LTO Authorization of Motor Vehicle Private Emission Testing Centers Approved: Nov. 24, 2003 13. DO 2004-60 – PETC issued Accreditation and Authorization as Mobile Center Approved: Nov. 23, 2004

Page 13: lto law

14. MC 588-2005 – Mandatory Emission Test Approved: March 10, 2003 15. DENR, DTI, DOTC JAO No. 1 Series of 2003 – Guidelines and Procedure for the Monitoring of Accredited and Authorized PETC and LTO Emission Activities