Fender Tag Statute in Oklahoma (RE: fender tag)

[Tom Watters <tomwatters@xxxxxxxxxxx>]

On Wed, 17 Oct 2007 02:32:08 +0000, "Sean B" <polecat2@xxxxxxxx> said:
> 
> I wonder, is that for our cars that don't have VIN's on the tag, or 
> later cars that do have the VIN.  If it doesn't have the VIN on it, I 
> can't see where it should matter.
> 
> Sean
> 
> 

I dont think they took that into consideration.

Here's a link to the statute on the OK site ->
http://webserver1.lsb.state.ok.us/2007-08bills/HB/SB739_hflr.rtf
----------------------------------------
Here's the text of it:
COMMITTEE SUBSTITUTE FOR ENGROSSED SENATE BILL NO. 739 - By: MYERS of
the Senate and DANK of the House.

    An Act relating to motor vehicles; prohibiting certain acts relating
    to motor vehicle trim tag plates; providing exceptions; providing
    penalties; allowing defrauded persons to pursue civil action and
    recover certain damages; allowing court to award certain costs;
    defining terms; providing for codification; and providing an
    effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

    SECTION 1.     NEW LAW     A new section of law to be codified in
    the Oklahoma Statutes as Section 4-107a of Title 47, unless there is
    created a duplication in numbering, reads as follows:

    A.  It shall be unlawful for any person to:

    1.  Knowingly and intentionally destroy, remove, cover, alter or
    deface, or cause to be destroyed, covered, removed, altered or
    defaced the trim tag plate of a motor vehicle manufactured from 1953
    to 1977;

    2.  Knowingly affix a counterfeit trim tag plate to a motor vehicle;

    3.  Manufacture, offer for sale, sell, introduce, import or deliver
    for sale or use in this state a counterfeit trim tag plate; or

    4.  Offer for sale, sell, introduce, import or deliver for sale or
    use in this state a trim tag plate that was affixed to a motor
    vehicle at the time of manufacture but has since been removed or
    become dislodged.

    B.  Paragraph 1 of subsection A of this section shall not apply to:

    1. Any person who engages in repair of a motor vehicle, provided
    that removal of the vehicle's trim tag plate is reasonably necessary
    for repair of a part of the vehicle to which the trim tag plate is
    affixed, and provided that such trim tag plate is not intentionally
    destroyed, altered or defaced; or

    2.  Removal of a trim tag from a motor vehicle which is being junked
    or otherwise destroyed, if the removal is being done for historical
    documentation purposes by a person actively involved in judging
    events or for historical documentation of classic motor vehicles and
    reasonable precaution is taken to ensure that the tag is not sold or
    affixed to another motor vehicle.

    C.  Any person convicted of violating the provisions of this act
    shall be guilty of a misdemeanor.  Any person convicted of violating
    the provisions of this act a second or subsequent time shall be
    guilty of a felony.

    D.  In addition to any other civil remedy available, a person
    defrauded as a result of a violation of this act may bring a civil
    action against any person who knowingly violated this act regardless
    of whether that person has been convicted of a violation of this
    act.  A person defrauded as a result of a violation of this act may
    recover treble their actual compensatory damages.  In any action
    brought pursuant to this subsection, the court may award reasonable
    costs, including costs of expert witnesses, and attorney fees to the
    prevailing party.

    E.  As used in this section:

    1.  "Trim tag plate" means a plate or tag affixed to a motor vehicle
    by the manufacturer which displays numbers, symbols, or codes that
    identify characteristics of the vehicle including, but not limited
    to, date of manufacture, body style, paint color, engine option,
    transmission option, trim option, general option, interior option,
    and interior color;

    2.  "Counterfeit trim tag plate" means:

                  a. any trim tag plate manufactured by a person or
                  entity other than the original manufacturer of a motor
                  vehicle upon which the trim tag plate is designed to
                  be affixed, unless the trim tag has been permanently
                  stamped, in the same manner as other information on
                  the trim tag, with the words ?REPLACEMENT TAG? in
                  letters measuring at least one-eighth (1/8) of an inch
                  in height, or

                  b. any trim tag plate which has been altered from its
                  original manufactured condition so as to change any of
                  its numbers, symbols, or codes; and

    3.  "Motor vehicle" means the same as defined in Section 1-134 of
    Title 47 of the Oklahoma Statutes.

    SECTION 2.  This act shall become effective November 1, 2007.

COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY, dated
04-12-07 - DO PASS, As Amended.
-- 
'65 Dart GT 'vert
Tom Watters


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