Dear PAO,

I was in Tagaytay last weekend and saw a very old car being driven, which I assume was being used for a wedding because of the floral arrangement on the vehicle. I noticed that it emitted quite a dark smoke. While it was parked near an establishment, I talked to the driver and asked if he was not worried about getting flagged by the LTO due to the smoke. The driver said that he was not concerned because the vintage car was duly registered with the LTO and is only used occasionally, mostly when lent by the owner for weddings or similar events. He added that although the vehicle is regularly sent for maintenance, it still emits dark smoke because of its age. Are so-called vintage cars really allowed to be registered despite the fact that it is already emitting dark smoke? Don’t we adhere to policies about clean air? Please advise.

Marco

Dear Marco,

Republic Act (RA) 8749, otherwise known as the Philippine Clean Air Act of 1999, mandates, among others, that “x x x No motor vehicle registration 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 x x x.” (Section 22, Par. 5, Id.).

However, it bears noting that duly registered vintage vehicles are not required to meet the general standards under RA 8749, taking into consideration their expected limited use and that the technology available at the time of their manufacture does not conform to modern standards, except those with permitted modern engine replacement. A “vintage vehicle,” as defined under Section 4(h) of RA 11698, otherwise known as the Vintage Vehicle Regulation Act, 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.”

To be certain, RA 11698 and its Implementing Rules and Regulations (IRR), state:

“Section 5. Exemption. — 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 8749, or the Philippine Clean Air Act of 1999, and any other law or regulation notwithstanding. However, vintage vehicles manufactured after Dec. 31, 1967 must be fitted with safety belts as mandated by Republic Act 8750, or the Seat Belts Use Act of 1999.” (Section 5, RA 11698; Emphasis supplied)

“Section 2. Exemption from Anti-Pollution and Clean-Air Standards.

The exhaust emission limit of gaseous pollutants as provided in Section 21 of Republic Act 8749, or the Philippine Clean Air Act of 1999, shall not apply to registered vintage vehicles. However, registered vintage vehicles with modern engine replacement permitted under Section 2(d) of Rule IV hereof shall be required to comply with the prevailing clean-air standards if such modern engine was manufactured on or after the effectivity of Republic Act 8749. x x x” (Section 2, Par. 1, Rule III, Rules of RA 11698).

Accordingly, vintage vehicles, even those that appear to no longer meet the general standards under the RA 8749, may still be registered with the Land Transportation Office (LTO), provided they meet the minimum standards set by said office.

Likewise, it bears stressing that vintage vehicles that benefit from the mentioned exemption must only be used for personal purposes and/or leisure driving, not for commercial purposes, except only for motion pictures, advertisements, pictorials, weddings and motorcades. Further, in no case can these vehicles be used as a public utility vehicle or for the commercial transport of persons or goods. (Section 13, RA 11698).

We hope that we are 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.

We appreciate your trust and support.

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].