Directing All LPG Industry Participants to Observe the Minimum Safety Standards in the Transportation and Distribution of LPG in Cylinders

September 19, 2013

DOE DEPARTMENT CIRCULAR NO. DC2013-09-0022

DIRECTING ALL LIQUEFIED PETROLEUM GAS INDUSTRY PARTICIPANTS TO OBSERVE MINIMUM SAFETY STANDARDS IN THE TRANSPORTATION AND DISTRIBUTION OF LPG IN CYLINDERS

WHEREAS, Republic Act No. 7638 ("Department of Energy Act of 1992") vests upon the Department of Energy ("DOE") the power to formulate rules and regulations for the transportation and distribution of all forms of energy products;

WHEREAS, Republic Act No. 8479 ("Downstream Oil Industry Deregulation Act of 1998") requires the DOE to monitor the refining, manufacturing and marketing processes of petroleum products to ensure that clean and safe technologies are applied;

WHEREAS, the transportation and distribution of Liquefied Petroleum Gas ("LPG") in cylinders must be given preferential attention considering that LPG is a highly volatile and flammable product which, if not transported and distributed properly, may result in accidents that can cause loss of life, limb and/or property;

WHEREAS, there is a need to observe the minimum safety standards in the transportation and distribution of LPG in cylinders; THAICD

NOW THEREFORE, in consideration of the foregoing premises, the following rules are hereby promulgated:

SECTION 1. Scope and Application. — This Circular shall apply to all persons involved in importing, refining, refilling, storing, transporting, marketing, distribution, hauling, retailing, selling and/or trading of LPG in cylinders ("LPG Industry Participants").

SECTION 2. Vehicle Design. — All vehicles used for the transportation and distribution of LPG in cylinders, particularly to and from the refilling plant, shall conform to the following specifications:

2.1 Body.

a. The main body of the vehicle shall be a metal cage.

b. The use of closed vehicles in transporting filled or used empty cylinders is strictly prohibited. A vehicle is deemed closed if it has side or back walls, or a roof, subject to Section 4 hereof.

c. The cargo space of the vehicle must be isolated from the driver's compartment, engine and its exhaust system, and must have substantially flat floors.

d. The vehicle shall be equipped with suitable racks and belts to hold the cylinders securely in a position that shall minimize the possibility of movement, tipping and physical damage. aHICDc

2.2 Electrical System.

a. All signal, brake, and emergency/hazard lights must be working.

b. The front and back horns must be working.

c. Light bulbs and electrical wirings must not be exposed.

d. A rubberized battery terminal cover shall be used.

e. The windshield wipers must be working.

f. The cigarette lighter must be removed from its receptacle.

2.3 Tires.

a. The tire ply should be intact, with no visible separation, wide tear, holes, or bulges. No recapped tires shall be used.

b. Wheel chocks must be used.

c. Thread measurement shall have a minimum of 2 mm for all tires.

d. All tires shall have complete wheel nuts.

2.4 Brake System.

a. There must be no visible leaks or excessive pedal movement. acHTIC

b. The air pressure gauge (when applicable) shall be operating.

c. The handbrake should always be operational.

2.5 Required Permanent Signages.

a. Signages located at the sides of the cargo compartment shall conform to the dimensions prescribed in Annex "1".

b. The signage located at the back of the cargo compartment shall conform to the dimensions prescribed in Annex "2".

c. Signages indicating the tank truck operators/haulers/contractor's company name shall be located at the door on both sides of the cab compartment.

d. Subject to the rules and regulations of the Land Transportation Office, the signage "LPG Delivery", as mirror image, shall be provided at the front of the vehicle.

2.6 Others.

a. Pursuant to the PNS/DOE FS 2:2006 "LPG Refilling Plant — General Requirements" and its future amendments, the engine of vehicles entering the loading area of refilling plants shall be of the compression ignition (diesel) type. HSEIAT

b. The vehicle must carry BPS-certified fire extinguishers, with at least 2x10 pounds capacity, dry chemical or CO₂ with a B:C rating, placed accessibly near the driver and attendant.

c. Seat belts shall be functional for both driver and attendants.

d. The vehicle must be provided with early warning devices.

e. There should be no engine/radiator leaks.

f. Cracked windshield, side and rear view mirrors shall not be allowed.

SECTION 3. Personnel Safety. — The following minimum requirements shall be complied with by all personnel directly involved in the handling, transport and distribution of LPG in cylinders:

3.1 Drivers and Attendants.

a. All drivers and attendants shall be trained in the proper handling of LPG in cylinders by Philippine Liquefied Petroleum Gas Association or the Liquefied Petroleum Gas Industry Association, Inc. Trainors shall secure a Certificate of Competency from the Bureau of Fire Protection. Drivers shall be properly trained on defensive driving, and certified by the LPG company or third party recognized by the LPG company. cCDAHE

b. Drivers must have a professional driver's license and be qualified to drive the vehicle in accordance with the Restriction Code in the Driver's license.

c. All personnel shall wear long pants, t-shirts, safety shoes, and carry valid company I.D.s at all times. Safety gloves shall be used when handling the cylinders.

SECTION 4. Stacking, Handling, Transport and Distribution. — The method of handling LPG cylinders during transportation and distribution shall conform to the following specifications:

4.1 Cylinder Stacking.

a. All filled and used empty LPG cylinders shall be loaded in an upright position and tied securely to the vehicle. In no case shall the cylinders be loaded on its side, horizontally nor inverted.

b. All filled cylinders shall be transported with the required security valve seal intact at all times.

c. Small cylinders without collar support shall be transported in appropriate crates.

 The transport of empty cylinders due for repair and/or requalification or scrapping may be exempted from above requirement. Provided, that such shipment shall be duly covered by a corresponding proof, e.g., delivery receipt that indicates that indeed the empty LPG cylinders are for delivery or consolidation prior to delivery to a repair or requalification plant or a cylinder scrapping facility. TcHEaI

4.2 Transport to Households.

a. Two-wheeled or three-wheeled vehicles may be allowed to transport or distribute LPG in cylinders to households, subject to the rules and regulations of pertinent government authorities, e.g., Department of Public Works and Highways (DPWH), Department of Transportation and Communications (DOTC), Local Government Units (LGUs), and the following conditions:

1.) The vehicle shall have a cargo space, with crates or special compartments to allow the safe transport of cylinders in upright position;

2.) Two-wheeled vehicles shall have a maximum load of 2-11kg cylinders or 4-2.7kg cylinders (Annex "3"). A back signage is required and shall conform to half of the dimensions prescribed in Annex "1" while the name of the company and its other related information will be replaced with the name of dealer, dealer's address and telephone number;

3.) Three-wheeled and four-wheeled vehicles (using motorcycles), shall have a maximum 2 stacks load of 12-11kg cylinder or its equivalent for smaller sizes of cylinders (Annexes "4a" and "4b"). A back signage is required and shall conform to half of the dimensions prescribed in Annex "2". A side signage is also required and shall conform to half of the dimensions prescribed in Annex "1". The name of the company and its other related information will be replaced with the name of dealer, dealer's address and telephone number; aCHcIE

4.) Cylinders with sizes higher than 11kg shall not be transported using motorcycles;

5.) The driver of the vehicle shall have an unobstructed 360 degree view (Annexes "4a" and "4b"); and

6.) The vehicle complies with applicable provisions cited above, including that on fire extinguisher.

SECTION 5. Compliance by LPG Industry Participant. — LPG Industry Participants shall not allow any vehicle used for the transport of LPG in cylinders to enter its premises (e.g., refilling plant, depot or warehouse) unless the same has complied with all the requirements prescribed in this Circular. For the transport of LPG in cylinders to households, the LPG Industry Participants shall only use vehicles that meet the requirements prescribed in this Circular, as well as those of DOTC, DPWH and the concerned LGU. As proof of compliance, the Certificate of Road Worthiness from the Land Transportation Office (LTO) or Land Transportation Franchising and Regulatory Board (LTFRB) shall be presented as additional documentary requirement for securing and renewal or for the continuing validity of the concerned Industry Participant's Standards Compliance Certificate (SCC).

SECTION 6. Joint Liability. — In the event that a vehicle used in the transportation or distribution of LPG in cylinders is apprehended and found in violation of this Circular, the following LPG Industry Participants shall be held jointly liable: (a) the one who contracted the vehicle; (b) the one who allowed such vehicle to withdraw or load LPG cylinders from its facility/premises immediately prior to apprehension; and (c) the truck/vehicle owner/operator.

SECTION 7. Standards Compliance Certificate (SCC) Requirement. — All vehicles used in the transport of LPG in cylinders shall have a copy of the SCC or its equivalent issued by the DOE, through the OIMB, to its marketer, hauler, dealer or retail outlet, which includes a list of vehicle plate numbers. cTIESa

SECTION 8. Penalties. — Failure to comply with this Circular shall subject the LPG Industry Participant to the sanctions and penalties pursuant to existing laws and circulars.

SECTION 9. Effectivity. — This Department Circular shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation. 

Issued this September 19, 2013 at Energy Center, Bonifacio Global City, Taguig City.

(SGD.) CARLOS JERICHO L. PETILLASecretaryDepartment of Energy

ANNEX 1

Signages at the Sides of the Cargo Compartment

Prescribed signage shall be placed 12 in. above floor level in the mid part on both sides of the cargo compartment of the truck and not more than 25% of the wall area where the signage is to be mounted.

Legend:

A - Diamond (square-on-point) logo background color,  international red.

 - measurement = 10 3/4 in. H x 10 3/4 in. W

 - words "flammable gas", number "2" and "flame" color,  white

 - white border distance from tip of logo, 0.5 inch

B - Specific LPG brand name/names that it represents/services  or sells HDTSIE

 - Font Color, royal blue

C - Address and telephone no. of letter "B"

 - Font Color, royal blue

D - Caution signage and Department of Energy Hotline  Telephone Number

 - Font color, international red

E - Board background color, white

SPECIAL LABEL PROTECTION:

All labels must be resistant to oil, grease, solvent, detergents and water and must be capable of withstanding extreme weather conditions so that all entries are clearly readable at all times.

ANNEX 2

Signage at the Back of the Cargo Compartment

Prescribed signage shall be placed 12 in. above floor level at the back (not to be placed at door opening) of the cargo compartment of the truck.

Legend:

A - Diamond (square-on-point) logo background color,  international red.

 - measurement = 10 3/4 in. H x 10 3/4 in. W

 - words "flammable gas", number "2" and "flame" color,  white

 - white border distance from tip of logo, 0.5 inch

B - Board background color, white

SPECIAL LABEL PROTECTION:

All labels must be resistant to oil, grease, solvent, detergents and water and must be capable of withstanding extreme weather conditions so that all entries are clearly readable at all times. IEaATD

ANNEX 3

Two-Wheeled Vehicle with Crates or Special Compartment

ANNEX 4A

Three-Wheeled Vehicle with Maximum Two-Stack Load

ANNEX 4B

Three-Wheeled Vehicle with Side and Back Signages

Published in The Philippine Star on September 22, 2013.