Department
Circular No. 2002-05-002
REQUIRING DEALERS AND/OR OPERATORS OF
GASOLINE STATIONS TO POST A WARNING SIGN AGAINST THE USE AND/OR OPERATION OF
CELLULAR PHONES WHILE GASSING‑UP IN GASOLINE STATIONS
WHEREAS, the
Department
of Energy (DOE) and the
Department of
Transportation and Communication (DOTC) recognize the possibility that
battery-operated equipment represent a potential ignition source and should not
be permitted on sites where there is a concentration of flammable vapors;
WHEREAS, despite the lack of documented
evidences, both agencies recognize the possibility that the use and operation
of cellular phones by consumers while filling up in gasoline stations pose a
threat to the safety of the motorists, gasoline station personnel and to the
establishments through the possibility of igniting gas fumes by even a small
electric spark produced by the key pad or ringer;
WHEREAS, the said threat is acknowledged by
many, particularly by cellular phone manufacturers themselves as manifested by
the warnings carried by their products, by oil companies here and abroad as
reflected in their information materials, and by local government units as
reflected by issuance of city ordinances;
WHEREAS, areas with a potentially explosive
atmosphere are often but not always clearly marked;
WHEREAS, in the interest of consumer safety,
there is a need for both agencies to take necessary steps to avoid occurrence
of accidents resulting from the use of cellular phones in gasoline stations;
NOW,
THEREFORE, in view of
the above premises, the following are hereby ordered:
1.
Upon effectivity of this Circular, all dealers/operators of gasoline stations
shall be required to post ample and prominent warning signs in each pump island
within the station, against the use of cellular phones while filling up in
gasoline stations or at any time within the forecourt. Attached as Annex A is the warning design for
use in such station. Oil companies and
dealers shall not be precluded from posting their own warning signs; provided
that prior approval from the
DOE is required.
2.
Dealer and/or operators of gasoline stations who fail to post the recommended
warning signs required herein or a suitable equivalent as determined by a
DOE inspection team shall be subject to the
following penalties:
a.
First Offense
– warning
b.
Second Offense
– P 2,000.00 fine
c.
Third Offense
– P 5,000.00 fine
This
Department Circular shall take effect fifteen (15) days after its complete
publication in two (2) newspapers of general circulation. Full compliance with this Circular shall not be
later than July 30, 2002.
VINCENT
S. PEREZ, JR.
Secretary
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