Draft ordinance no
By unanimous vote of the members present, the following City Ordinance was enacted:
CITY ORDINANCE NO. 2004-032
Authors: Councilors J.E.S. Binay, Jr., J.S. Wilson, N.S. Pasia,
A.C. Pimentel and E.V. Tolentino, Jr. AN ORDINANCE ENACTING THE MAKATI CITY VEHICLE EMISSION CONTROL CODE AND PROVIDING PENALTY FOR VIOLATION THEREOF.
, Makati City has identified vehicle emissions as the main source of
air pollution in the city despite existing national regulations; WHEREAS
, the city is taking up appropriate/concrete measures to eliminate or
mitigate the problem by coming up with its own vehicle emission control
, this ordinance is enacted pursuant to the mandate of the city to
promote the welfare of its constituents and it operates within the minimum air
quality standards set forth in Republic Act No. 8749 (Clean Air Act of 1999);
NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE
SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE
OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, THAT:
ARTICLE I. GENERAL PROVISIONS
This Ordinance shall be known as the “Makati City Vehicle Emission
ARTICLE II. DEFINITION OF TERMS
Section 2. DEFINITION OF TERMS
– As used in this Ordinance, the following
terms shall mean and defined as follows:
– means any matter found in the atmosphere other
than oxygen, nitrogen, water vapor, carbon dioxide, and other inert
gases in their natural or normal concentrations, that is detrimental
to health or the environment, which includes but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of any kind,
gases, fumes, chemical mist, steam and radio active substances; Air pollution -
means any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge
thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country harmful,
detrimental, or injuries to public health, safety or welfare or which
will adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational or other legitimate purposes;
means any air contaminate, pollutant, gas stream
which passed into the atmosphere. Motor vehicle
means any vehicle propelled by or through
combustion of carbon-based or other fuel, constructed and
operated principally for conveyance of persons or the transportation
of property or goods.
refers to any two wheeled motor vehicle with at least
one headlight, taillight and spotlight, and one or more saddle seats.
For purposes of these rules, motorcycles shall include those with
attached cars also known as “tricycles”.
Spark-Ignition Engine –
means an internal combustion engine in
which the air/fuel mixture is ignited by a spark plug, e.g. a gasoline
Smoke Opacity Meter
(or Opacimeter) – means an instrument
which determines the smoke opacity in exhaust gases emitted by
the engine system. Type Approval
– refers to the official ratification of the compliance
of a vehicle type with the applicable local or national regulations. Poisonous and toxic fumes –
means any emission and fumes
which are beyond the internationally-accepted standards, including
but not limited to World Health Organizations (WHO) guideline
value. Pollution control device
– means any device or apparatus used to
prevent, control or abate the pollution of air caused by emissions
from identified pollution sources at levels within the air pollution
control standards established by the city. Pollution control technology
– means the pollution control
devices, production processes, fuel combustion processes or other
means that effectively prevent or reduce emissions or effluent. Vehicle Type
– means a category of power-driven vehicles which
do not differ in such essentials as reference mass or weight, engine
type, number of cylinders, body configuration, manner of
transmission, fuel used and similar characteristics.
EMISSION STANDARDS FOR MOTOR VEHICLES
Any motor vehicle plying in Makati City, whether private or public,
must conform with the following emission control standards:
a. Vehicles with Spark-Ignition Engines (Gasoline) Except Motorcycles:
* or in accordance with manufacturer’s specification.
b. Vehicles with Compression-Ignition Engines:
Registered for the first time on or after
Emission limits for motorcycles:
For mopeds, CO emissions at idle shall not exceed 6% for all types.
Fuel evaporative emission for spark-ignition engines shall not exceed
2.0 grams hydrocarbon per test. Likewise, it shall not allow any emission of
gases from crankcase ventilation system into the atmosphere.
Durability of pollution control equipment for spark ignition and compression
engines shall conform to the deterioration factor prescribed in the test procedure.
The standard set forth in the above paragraphs of this section refer to the
exhaust emitted over a driving schedule or engine speed, evaporative emission,
crankcase ventilation emission and durability of pollution control equipment as
set forth in the test procedures indicated in the succeeding section. Section 6.
The smoke emission limits under steady state conditions shall be as
*For Compression ignition vehicles only.
Opacity under free acceleration should not exceed the approved level by more than 0.5m
The test procedures to determine exhaust emissions and other
standards shall be as follows:
a. For exhaust emissions, fuel evaporative emission, emission of
crankcase gases and durability of pollution control equipment for cars and light duty motor vehicles.
ECE Regulation 83-01/02, series of amendment approval B and C: “Uniform provision concerning the approval of vehicles as regards the emission of gaseous pollutants by the engine according to engine fuel standards”.
Approval B – Limitation of emission of gaseous pollutant by the engine, evaporative emission, crankcase emission and durability of motor vehicle fueled with unleaded petrol.
Approval C – Limitation of emission of gaseous and particulate pollutants, crankcase emission and durability of pollution control devices of motor vehicles fueled with diesel fuel.
b. For medium and heavy duty motor vehicles with compression-ignition
ECE Regulation 49-01/02, series of amendment (49/02) Uniform provision concerning the approval of compression-ignition (C.I.) engines and motor vehicles equipped with C.I. engine as regards to the emission of pollutants by engine.
c. For the determination of CO emission.
The test procedure for the determination of CO emission shall be at idling speed provided in the Emission Test Procedure for Vehicles Equipped with Spark Ignition Engines and the Free Acceleration Test Procedure for Vehicles Equipped with Compression-Ignition Engines.
Other equivalent test procedures as approved by the City may be utilized.
The amount of P300.00 shall be collected for the emission testing
services if the same is rendered by the city.
The amount shall be paid upon presentation of the vehicle for testing to
determine whether or not it has already complied with the emission standards set
in this ordinance. Passing the emission test shall be a requirement for the
release of the confiscated driver’s license and/or vehicle plate to its owner.
The Makati Public Safety Department may accredit private vehicle emission
testing centers to conduct emission testing for the city. Only the
certification/result of testing issued by the accredited centers will be honored by
Every violation of this Ordinance shall be penalized as follows:
In all cases, the Driver’s License and/or Vehicle License Plate will be confiscated and will only be released to the owner subject to the provisions of Sections 6 and 8 of this ordinance.
The Makati Public Safety Department (MAPSA) shall enforce the
vehicle emission control standards fixed in this ordinance. The Department and
its authorized deputies may conduct mobile emission testing anywhere in Makati
Any vehicle within the jurisdiction of Makati City which, in the opinion of the
authorized deputies of the Department, is not compliant with the emission
standards set in this ordinance may be apprehended and subjected to emission
In case the vehicle failed the test, the driver shall be issued a Citation Ticket and
his/her driver’s license and/or vehicle plates will be confiscated. The Driver’s
License/Vehicle Plates will only be released to the violator after the vehicle has
passed the emission control test and upon payment of testing fee and fines
provided under Sections 6 and 7 hereof. Section 11.
In the event the driver of the apprehended vehicle contests the
apprehension and/or result of the emission standards, he may appeal the same
with the City Adjudication Service where he will be given the opportunity to be
heard and present his evidence.
Pending the creation of the City Adjudication Service, through a Local Executive
Order, the City Secretary’s Office and/or City Legal Department shall function as
The City Adjudication Service, may adopt its rules and procedures in the conduct
of its hearing.
If for any reason/s, any part of this Ordinance is declared illegal or
invalid, other parts or provisions not affected shall remain valid and in full force
and effect. Section 13.
Any ordinance inconsistent herewith is deemed repealed or modified
accordingly. Section 14.
This Ordinance shall take effect after its enactment by the
Sangguniang Panlungsod and approval of the Mayor, and fifteen (15) days
following its posting and publication in a newspaper of local circulation.
ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO
MANILA, in its regular session held on March 16, 2004.
ROGELIO U. MARASIGAN
ERNESTO S. MERCADO
Vice Mayor and Presiding Officer
JEJOMAR C. BINAY
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