Reconstructed Vehicle VIN swap

[70-SS/RS-L78]

[ QUOTE ]
I found out a few days ago that in SC you are "allowed" to move a VIN from one car to another if you legally own them both.

[/ QUOTE ]

You have got to be kidding me, I sure hope they make you disclose it on the title

[bertfam]

I'm not a lawyer (but I play one on TV), so Lynn, correct me if I'm wrong here, but I believe there are two laws in play here. The first, from South Carolina that states it's okay to change VIN's if you leagally own both cars, and the second, from a Federal standpoint that states you CAN'T change VIN's no matter what. In this case the Federal ruling would take precedance over the State law and make it illegal to change VIN's.

It's like the Pot laws. Some states have made it legal to posess MJ, but since it's still a Federal offense, it's against the law and you can still be arrested.

Comments?

Ed

[agtw31]

i just don't understand why anybody would be interested in this car at all.

[ANDY M]

Bidding has ended, winning bid $25,200.

[427TJ]

"IT WAS PAMPERED FOR YEARS BEFORE WE BOUGHT IT."

Pampered, totaled, then pampered some more.

[firstgenaddict]

Is there a Federal Law that has to do with VIN's?
It seems to me that it would not be a power granted to the Federal Govt by the Constitution, but then again most laws enacted by Congress have no Constitutional Basis...

[jfkheat]

I may be out of line here but I just sent the high bidder an email with a link to this discussion.
James

[njsteve]

[ QUOTE ]
I found out a few days ago that in SC you are "allowed" to move a VIN from one car to another if you legally own them both.
Ethically should you... NO, but ethics and the law rarely coincide.

[/ QUOTE ]

That is absolutely false. Under Federal law it is illegal. Period. No discussion. And in the absolutely unlikey event that a law in SC says its OK, under the Supremacy clause of the U.S. Constitution, Federal Law supercedes state law if there is a conflict. Unless you can provide a specific staute stating your claim, it's just an urban myth.

[firstgenaddict]

Here is the Federal Statute.

"Section 511. Altering or removing motor vehicle identification numbers

(a) A person who -
(1) knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle or motor vehicle part;
or
(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal
or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act,

shall be fined under this title, imprisoned not more than 5 years,
or both.
(b)(1) Subsection (a) of this section does not apply to a
removal, obliteration, tampering, or alteration by a person
specified in paragraph (2) of this subsection (unless such person
knows that the vehicle or part involved is stolen).
(2) The persons referred to in paragraph (1) of this subsection
are -
(A) a motor vehicle scrap processor or a motor vehicle
demolisher who complies with applicable State law with respect to
such vehicle or part;
(B) a person who repairs such vehicle or part, if the removal,
obliteration, tampering, or alteration is reasonably necessary
for the repair;
(C) a person who restores or replaces an identification number
for such vehicle or part in accordance with applicable State law;
and
(D) a person who removes, obliterates, tampers with, or alters
a decal or device affixed to a motor vehicle pursuant to the
Motor Vehicle Theft Prevention Act, if that person is the owner
of the motor vehicle, or is authorized to remove, obliterate,
tamper with or alter the decal or device by -
(i) the owner or his authorized agent;
(ii) applicable State or local law; or
(iii) regulations promulgated by the Attorney General to
implement the Motor Vehicle Theft Prevention Act.

(c) As used in this section, the term -
(1) "identification number" means a number or symbol that is
inscribed or affixed for purposes of identification under chapter
301 and part C of subtitle VI of title 49;
(2) "motor vehicle" has the meaning given that term in section
32101 of title 49;
(3) "motor vehicle demolisher" means a person, including any
motor vehicle dismantler or motor vehicle recycler, who is
engaged in the business of reducing motor vehicles or motor
vehicle parts to metallic scrap that is unsuitable for use as
either a motor vehicle or a motor vehicle part;
(4) "motor vehicle scrap processor" means a person -
(A) who is engaged in the business of purchasing motor
vehicles or motor vehicle parts for reduction to metallic scrap
for recycling;
(B) who, from a fixed location, uses machinery to process
metallic scrap into prepared grades; and
(C) whose principal product is metallic scrap for recycling;

but such term does not include any activity of any such person
relating to the recycling of a motor vehicle or a motor vehicle
part as a used motor vehicle or a used motor vehicle part.

(d) For purposes of subsection (a) of this section, the term
"tampers with" includes covering a program decal or device affixed
to a motor vehicle pursuant to the Motor Vehicle Theft Prevention
Act for the purpose of obstructing its visibility."

<u>If I am reading this section of the statute correctly (the description of the crime and Penalty) </u>
(a) A person who -
(1) knowingly removes, obliterates, tampers with, or alters an
identification number for a motor vehicle or motor vehicle part;
or
(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal
or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act,

shall be fined under this title, imprisoned not more than 5 years,
or both.

<u>Does not apply if the following conditon(s)are met.</u>

(B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair;
(C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law;
(D) a person who removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act, if that person is the owner of the motor vehicle, or is authorized to remove, obliterate, tamper with or alter the decal or device by -
(i) the owner or his authorized agent;-
(ii) applicable State or local law; or-
(iii) regulations promulgated by the Attorney General to implement the Motor Vehicle Theft Prevention Act.

[Pacecarjeff]

Sounds like you can do all that, ONLY if you are repairing the car.
Then putting the same tags back after the restoration is completed.

What does it say about switching the VIN to another vehicle intending to deceive for profit?


Like i said before:
Sounds illegal to me.