Effective November 1, 2007:
Reference:
http://www.oscn.net/applications/oscn/deliverdocument.asp?id=450125
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.
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