Registration of vintage vehicle need not comply with the Clean Air Act

Dear PAO,

My fascination for old or vintage cars started last month. I have been watching these cars which were featured on social media until somebody offered me a vintage car which is still in pristine condition. I am planning to buy the said vintage car, but my best friend discouraged me from doing so since one of the requirements for car registration nowadays is that the car must be compliant with the provisions of the Clean Air Act. Can I register the car even if it does not comply with the provisions of the Clean Air Act?

Juancho

Dear Juancho,

All motor vehicles and other vehicles must be registered pursuant to Section 5, Article 1 of Republic Act (RA) 4136, as amended. The purpose of car registration was elucidated in the case of Filcar Transport Services vs. Espinas, GR 174156, June 20, 2012, where the Supreme Court, speaking through Associate Justice Arturo Brion, stated that:

“The main aim of motor vehicle registration is to identify the owner so that if any accident happens, or that any damage or injury is caused by the vehicle on the public highways, responsibility therefor can be fixed on a definite individual, the registered owner. Instances are numerous where vehicles running on public highways caused accidents or injuries to pedestrians or other vehicles without positive identification of the owner or drivers, or with very scant means of identification. It is to forestall these circumstances, so inconvenient or prejudicial to the public, that the motor vehicle registration is primarily ordained, in the interest of the determination of persons responsible for damages or injuries caused on public highways.”

In relation to this, the registration of vintage cars is specifically governed by the provisions of Republic Act (RA) 11698, or the “Vintage Vehicle Regulation Act.” A vintage vehicle refers to “a motor vehicle, whether powered by an internal combustion engine, electricity, a combination of both, or other means, that is at least forty (40) years old reckoned from the date of manufacture, whose chassis, engine, steering assembly, and suspension assembly are either original or authentic, and whose body has not been altered in general appearance, subject only to the exceptions in Section 12 hereof. It shall exclude replicas and reproductions of vintage vehicles.” (Section 4 (h) Ibid.)

Your friend is partially correct in his claim that motor vehicles cannot be registered without complying with the provisions of Republic Act (RA) 8749 or the “Philippine Clean Air Act of 1999.” His statement is in accordance with the fifth (5th) paragraph of Section 22 of the said law which provides that:

“No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.”

However, please take note of Section 5 of RA 11698, otherwise known as the “Vintage Vehicle Regulation Act,” which provides that:

“In recognition of their small number, their expected limited use, and the historical fact that the technology available at the time of their manufacture will not permit them to meet modern standards, vintage vehicles registered under this Act shall not be required to meet clean-air, anti-pollution, safety, road-use, and other standards that were not in force at the time of their manufacture, either as a condition for their registration and use on public roads or otherwise, the provisions of Republic Act No. 8749 or the ‘Philippine Clean Air Act of 1999’ and any other law or regulation notwithstanding. However, vintage vehicles manufactured after December 31, 1967 must be fitted with safety belts as mandated by Republic Act No. 8750 or the ‘Seat Belts Use Act of 1999.'”

Applying the above-quoted provisions of the law in your situation, the registration of the vintage car you are planning to buy will be exempted from complying with the provisions on required emission limits of gaseous pollutants under the Philippine Clean Air Act of 1999, for the following reasons: they are in small numbers, they are for limited use, and for the historical fact that the technology available at the time of their manufacture will not permit the vintage car to meet modern standards.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]