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DATE:                      28 March 2018

 

Background:

Republic Act No. 10916 or the "Road Speed Limiter Act of 2016" was enacted as speedroad related accidents became prevalent in the country. This is consistent with the policy of the State to maintain, at all times, the protection and safety of the public.

Specifically, Section 4 of R.A. No. 10916 provides that no covered vehicle shall be allowed to run in any road, street, or highway in the Philippines without the standard speed limiter in accordance with the standards and specifications as approved by the Department of Transportation (DOTr). Moreover, the Implementing . Rules and Regulations of R.A No. 10916 directed the DOTr to determine the standards and specifications of speed limiters, as well as promulgate guidelines on the accreditation of facilities permitted to install speed limiters and facilities permitted to test the same.

The DOTr is the agency mandated under Executive Order No. 125-A and Administrative Order No. 202, series of 1987 to administer and enforce all laws, rules and regulations in the field of transportation. Therefore, the following are the Guidelines on the Accreditation of Speed Limiter Installers and Testing Facilities:

1. SCOPE

The Guidelines shall govern the determined standards and specifications of speed limiter device, as well as the accreditation of installers and testing facilities.

2. DEFINITION OF TERMS

2.1. Accreditation - is the process by which an authoritative body formally recognizes the competence, impartiality, and capability of a person, establishment, or institution to carry out specific activities, such as certificatlon, testing, calibration and inspection.

2.2. BPS - Bureau of Philippine Standards

2.3. Covered vehicle - refers to any closed van, hauler or cargo truck, PUV, shuttle service, or tanker truck as defined under RA 10916 and such other vehicles as may be determined and included by the DOTr.

2.4. DOTr - Department of Transportation

2.5. DTI - Department of Trade and Industry

2.6. LTO - Land Transportation Office

2.7. PNS UNR 89-2016 - Adopted standard from UN Regulation No. 89: Uniform Provisions Concerning the Approval of: I) Vehicles with regard to limitation of their maximum speed; II) Vehicles with regard to the installation of a Speed Limiter Device (SLD) of an approved type; and Ill) Speed Limitation Devices (SLD).

2.8. RA 10916- Road Speed Limiter Act of 2016

2.9. SLD - refers to a Speed Limitation Device which is used to limit the top speed of a vehicle through the employment of mechanical, electronic or communications system or the combination of these systems or similar devices capable of performing the same function and issued a Certificate of Conformity by the DOTr through the DTl.

2.10. Testing Facility - refers to persons, establishments, or institutions accredited by the DOTr, through the DTl, permitted to test speed limiters in accordance with these Guidelines.

3. STANDARDS AND SPECIFICATIONS

3.1. All speed limiter devices to be installed in covered vehicles shall conform to the standard specifications of PNS UNR 89:2016 or equivalent internationally recognized standard. The Department of Trade and Industry (DTI) shall ensure compliance thereof and for this purpose, it shall accredit persons, establishments, or institutions producing, manufacturing, or distributing speed limiters.

3.2. All Speed Limiter Device Manufacturer/Distributors should have indication on its compatibility for:

3.2.1. Mechanical Throttle Linkage Vehicles; or

3.2.2. Electronic Throttle Linkage Vehicles.

 3.3. Each model of Speed Limiter Device shall have a System Test Unit for enforcement purposes, connectable to an approved test and calibration unit.

3.4. The persons, establishments, or institutions shall provide liability insurance and warranties.

3.5. Upon evaluation of the speed limiter device, a Certificate of Conformity shall be issued by the DTI - Accredited Testing Facility attesting to the device's compliance with the specifications and standards as stated in Item 3.1 and other requirements provided for in Items 3.2 to 3.4.

The said certification shall be a prerequisite in the registration of the covered vehicle with the LTO.

4. ACCREDITATION OF SPEED LIMITER DEVICE INSTALLERS

4.1. Persons, establishments, or institutions permitted to install and calibrate speed limiters on covered vehicles shall obtain a certification from the Speed Limiter Distributor that they are capable of installing and calibrating Speed Limiter Devices in accordance with the Speed Limiter Manufacturers' requirements.

Technicians. The Speed Limiter Distributor shall issue a Certificate of Competency to every qualified technician indicating the: a) name of the technician; b) a unique seal number; c) date of issuance; and d) duration of the certification.

Installation Facilities. The Speed Limiter Distributor shall issue a Certification stating that the installation facility has: a) the required tools and equipment for installation of SLDs; and b) qualified technicians with valid Certificate of Competency.

4.2. The person, establishment, or institution shall submit to the DTI the certified true copy/ies of the following:

a. For technicians, the Certificate of Competency and for installation facilities, the certification required;

b. For Sole Proprietorships, Certificate of Business Name Registration from DTI;

c. For corporations/partnerships, Securities and Exchange Commission Certificate of Registration, Articles of Incorporation/Partnership and Bylaws, and Board Resolution certified by the Corporate Secretary, specifying the name of the authorized representative who must be an officer of the corporation/partnership;

d. For Cooperatives, Cooperative Development Authority Certificate and By-Laws, and Board Resolution, certified by the Cooperative Secretary, specifying the name of the authorized representative who must be an officer of the cooperative;

e. Bureau of Internal Revenue (BIR) Registration and Tax Identification Number;

f. SSS Membership Certificate;

g. Audited Financial Statement for the last two (2) years or a Pre-Operating Financial Statement, whichever is applicable, showing that the ownerapplicant shall be of financial capacity to operate for at least one (1) year;

h. List of personnel involved in the operations of the facility with their job descriptions, responsibilities, and qualifications including the Certificates of Competency of at least three (3) SLD installers or technicians;

i. Proof of availability of the required tools and equipment for installation of speed limiters;

j. Liability Insurance;

k. Certified true copy of Mayor's Permit;

I. List of all equipment, including manual and reference materials required for the calibrations and tests, manual of the test procedures and personnel;

m. Procedure for handling complaints;

n. Location map and layout of the facility; and

o. Picture of the establishment

4.3. The DTI, after thorough evaluation, shall then issue the necessary accreditation documents to the person, establishment, or institution. For this purpose, the DTI may seek clarification from the Applicant on the form and contents of their submitted documents. It may also make inquiries 4 with any person, government authority, client organization, officer, director, employee or other agent of any applicant or affiliate of any of these entities for the purpose of clarifying any matter included in the submitted documents.

5. ACCREDITATION OF TESTING FACILITIES

5.1. Only testing facilities which conform to PNS UNR 89:2016, Annex 5: Tests and Performance Requirements shall be permitted to test speed limiters on covered vehicles.

5.2. The testing facilities shall submit the following minimum requirements to the DTI for accreditation:

a. For Sole Proprietorships, Certificate of Business Name Registration from DTI;

b. For corporations/partnerships, Securities and Exchange Commission Certificate of Registration, Articles of Incorporation/Partnership and By-Laws, and Board Resolution certified by the Corporate Secretary, specifying the name of the authorized representative who must be an officer of the corporation/partnership;

c. For Cooperatives, Cooperative Development Authority Certificate and By-Laws, and Board Resolution, certified by the Cooperative Secretary, specifying the name of the authorized representative who must be an officer of the cooperative;

d. Bureau of lnternal Revenue (BIR) Registration and Tax Identification Number;

e. SSS Membership Certificate;

f. Audited Financial Statement for the last two (2) years or a Pre-Operating Financial Statement, whichever is applicable, showing that the owner-applicant shall be of financial capacity to operate for at least one (1) year;

g. List of personnel involved in the operations of the facility with their job descriptions, responsibilities, and qualifications including at least three (3) technicians with valid Certificates of Competency from the testing machine manufacturer to operate the testing machine and conduct other testing procedures;

h. Proof that the procedure for testing complies with PNS UNR 89:2016, Annex 5: Tests and Performance Requirements or equivalent internationally recognized standard;

i. List of all equipment, including manual and reference materials required for the device testing;

j. Liability Insurance;

k. Certified true copy of Mayor's Permit;

I. ยท Procedure for handling complaints;

m. Location map and layout of the facility; and

n. Picture of the testing facility

5.3. The DTI, after thorough evaluation, shall then issue the necessary accreditation documents to the person, establishment, or institution. For this purpose, the DTI may seek clarification from the Applicant on the form and contents of their submitted documents. It may also make inquiries with any person, government authority, client organization, officer, director, employee or other agent of any applicant or affiliate of any of these entities for the purpose of clarifying any matter included in the submitted documents.

6. AMENDMENTS

Nothing in these Guidelines shall be construed as precluding the DOTr and DTI from mutually agreeing to modify and/or amend the requirements herein provided.

 

 

 

ARTHUR P. TUGADE
Secretary

 

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