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July 23, 2021

DOTr Says PMVIC Is Legal, All Systems Go For Return On July 26

Despite some senators questioning the return of the Private Motor Vehicle Inspection Center PMVIC Program back from the dead, it’s systems go for its return starting this Monday, July 26.

The DOTr PMVIC Steering Committee released a statement reiterating the legality of the system, specifically as a response to Senator Ralph Recto’s comments. Here it is in full:
We most welcome and acknowledge the recent statement of the honorable Senator Ralph Recto regarding the Private Motor Vehicle Inspection Center (PMVIC) Program.

Firstly, we thank the good Senator for his appreciation of the legacy accomplishments of the Department of Transportation (DOTr) in the various transportation sectors. This rightfully serves as inspiration and encouragement for all of us to continue with our efforts to implement necessary changes and improvements in our transportation system.

In this desire to improve, enhance and cultivate a culture of discipline, responsibility and awareness amongst the stakeholders, we want to assure the honorable Senator Recto that we are with him in rallying our people to what is right, and not necessarily what is popular, in upholding our nation’s best interest.

We appreciate the concerns raised by the good Senator on the legality of the PMVIC, and the necessity to adopt this comprehensive vehicle roadworthiness inspection system.

In this light, allow us to respectfully stipulate the following:

In the legal opinion of the Office of the Solicitor General (OSG) dated 18 March 2021, OSG said that the Department of Transportation (DOTr) and the Land Transportation Office (LTO) have authority to ensure the roadworthiness of vehicles and consequently implement the motor vehicle inspection system (MVIS).

The Administrative Code of 1987, under Sec. 3, Chap. 1 & Sec. 7(4), Chap. 2 of Book IV; R.A. 4136 [Secs. 4(d)(1) & (d)(6)]; E.O. 125 [30 Jan. 1987]; E.O. 125-A [13 April 1987] and E.O. 266 [25 July 1987], signed by then Pres. Corazon C. Aquino which have the force and effect of law under Sec. 6, Art. XVIII of the 1987 Constitution, are evidence of general grant of quasi-legislative power, or the power of subordinate legislation, and authority to administer motor vehicle inspection, in favor of the DOTr and LTO.

As to the issue of DOTr and LTO authorizing private entities to conduct inspection of motor vehicles, the Administrative Code of 1987 and E.O. 125-A allows DOTr to call on any corporation or organization, whether public or private, to participate and assist in the implementation of transportation programs.

OSG then clarified that the DOTr is not delegating an already delegated authority to the private sector. Rather DOTr and LTO are seeking the assistance of the private sector in the implementation of the MVIS, and that the government remains responsible for roadworthiness testing. According to OSG, the MVIS is only outsourced, operated under a private sector participation agreement, but the government still has direct control and supervision of the roadworthiness testing and motor vehicle registration.

In so far as the good Senator’s seeking justification that implementing the PMVIC system now “will not result in long lines, longer processing time, and longer travel time to faraway PMVIC sites,” we have fully addressed this with the issuance of DOTr Memorandum Circular (MC) No. 2021-02 or the Implementation of Geographical Area of Responsibility (GAOR) for the renewal of registration for light vehicles and motorcycles, dated July 5, 2021.

The said MC outlines how the LTO will establish the GAOR for every authorized PMVIC for renewal of registration to define areas covered by each facility. This is precisely to prevent crowding and long queues at a particular center since the PMVICs will cater to clients in their respective areas. The GAORs are to be assigned to allow the PMVIC to accommodate clients within its capacity, taking into consideration the health and sanitation protocols, and without causing traffic congestion.

However, motor vehicle owners in areas not under the GAOR may still choose to have their vehicles undergo emission testing at a PETC, and roadworthiness inspection at an LTO office. Thus, there is no need for a detour if there is no PMVIC in the GAOR. Owners may go directly to the LTO for the roadworthiness test after securing an emission testing certificate.

Further, if we look at the premise of the issue, the definitive solution is increasing the number of PMVICs that should open nationwide, in order to for all areas to be covered.

On the matter of "suking PMVIC", LTO Offices with overlapping PMVIC GAORs may accept the result of any PMVIC within their area of coverage.

With regard to the scope of inspection, the PMVIC facility will conduct the full roadworthiness test for the vehicle, including emission test. The basis of renewal of registration shall be the roadworthiness of the vehicle as evidenced in the test results from any PMVIC and PETC, and visual inspection. The other minor test results are supplementary data for consideration.

And, perhaps the most vital issue we have addressed is that even with the full road worthiness inspection of vehicles, owners will only be charged a rate of P 600 for light vehicles, and P 500 for motorcycles, which are similar to rates collected by a PETC. No additional fees shall likewise be imposed for reinspection or retest.

With these, we wish to gently re-direct the misimpression of the honorable Senator that we are marketing the PMVICs as the be-all, end-all solution to minimizing road accidents. Though roadworthiness is not the cure-all for road crashes, it is one of the pillars of road safety. Thus, we remain firm in our commitment to address the roadworthiness requisite prior to renewal of vehicle registration. And, currently, PMVICs are the most equipped facilities which can accurately, efficiently and reliably measure this vital requirement of the law.

We believe that outside of our committee’s mandate, the DOTr and its attached agencies have also been pursuing other road transport initiatives such as the PUV modernization program, LTO demerit system, service contracting, and information and education campaign for road safety, defensive driving, and proper use of roads, in order to mitigate the rise in vehicular accidents, and fully uphold road and public safety, through building adequate transport infrastructure and enhancing driver's competence.

We strongly agree with the good Senator that road safety is indeed paramount and primordial.

As one of the crucial factors to enhancing road safety, ensuring the roadworthiness of vehicles cannot be postponed.

And every Filipino life that we save and preserve through this measure is a victory for us and our country.

1 comment:

  1. Dito sa Mindanao madaminbg motorskilo ang hindi naka rehistro, Kung may hulihan pinaparada lang at pinapatay ang makina para hindi mahuli hangang umalis na ang LTO at mga pulis


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