New TRIM TAG law going into effect in Oklahoma!

[VintageMusclecar]

Could this be the beginning of the end for the bogus clones? I wonder if any other states have similar laws on the books, and if not, what it would take to get them ON the books.

Eric

[rubbinisracing]

Lynn....care to chime in?

[Verne_Frantz]

Yes Lynn, are you ready to go public with the project now????? It's been very hard to keep it to myself for so long, but now this ground breaking news is finally out in the open. And the more open, the better!!
Verne

[njsteve]

Awesome!

Now watch all the ebay adds for bogus tags now start adding a "not available for purchase or delivery to Oklahoma" disclaimer.

But, on the other hand the statutory language now creates jurisdiction for a law enforcement officer in Oklahoma to prosecute anyone, anywhere, not just physically in Oklahoma, (read that as the internet, especially ebay) that offers a tag for sale, since the internet reaches (some parts of) Oklahoma. See language below"

"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."

And, it makes the victim eligible for 3 times the damages plus costs and legal fees in a civil case for damages. WOW!

This is plaintiff lawyer's wet dream! I can just see the TV ads now... "Have you been injured by the malicious affixation of a counterfeit trim tag? Call the law offices of Bendham, Over and Reamum. We are in your corner!

[VintageMusclecar]

[ QUOTE ]
...This is plaintiff lawyer's wet dream! I can just see the TV ads now... "Have you been injured by the malicious affixation of a counterfeit trim tag? Call the law offices of Bendham, Over and Reamum. We are in your corner!

[/ QUOTE ]

And you can bet the defendants will be represented by the law offices of Dewey, Cheatem and Howe

Eric

[Verne_Frantz]

Steve,
I and others have repeatedly sent ebay letters to try and get them to ban the sale of trim tags, but their position was always that the trim tag didn't contain any "vehicle specific" information, like a VIN does. OF course, they're wrong, but they refused to budge. I wonder what they'll do once they've seen this new OK law????

Verne

[PeteLeathersac]

[ QUOTE ]
Yes Lynn, are you ready to go public with the project now????? It's been very hard to keep it to myself for so long, but now this ground breaking news is finally out in the open. And the more open, the better!!
Verne

[/ QUOTE ]

As Verne notes, it's nice things are out in the open now...also really great to see all of Lynn's hard work finally bearing fruit!.
It's sure going to be interesting to see how quickly things spread also the implications of this legislation...totally amazing what one small guy can make happen!!.

~ Pete

[69hurstSC]

this is awesome! there was a 71 Hornet SC in a junkyard near me with a missing VIN. i have always wanted to find the "clone" that the tag was applied to. it still amazes me conversing with retag owners and listening to how they proclaim there car as original or restored to original.

[Lynn]

Thanks for the email, Verne. I have been out of pocket much of the last few weeks, and have barely checked in on this site or on the Team Camaro site. Actually, I talked to a few guys about this at the Supercar Reunion, and yes, I am more than ready to go public with this. I really enjoyed the reunion. Even though I don’t have a Supercar or a COPO, I never felt like an outsider. Great car guys (and gals) and great conversation. And the cars! Bet I took 100 pictures of two REAL survivor cars with original paint. It was especially satisfying to put some faces with some of the names. Good to meet so many of you in person.

On to a more serious subject. Many of you know that I have been involved in the legislative process trying to get swapped trim tags and fake trim tags outlawed in Oklahoma. Well, as you can see, we were successful. It was relatively easy. It really did not take an inordinate amount of my time. I met with my State Senator, Glenn Coffee. Simply showed him some of the latest fraudulent auctions on ebay, and explained what was going on. He was shocked. He got Senator Myers (who has an old collectible Ford) to sponsor this legislation. I did a first draft, and, after meeting with some of the lawmakers and concerned lobbyists, only one rewrite (also consulted with Verne Frantz and some other guys to get some input). That’s it. Once the lawmakers saw what was happening with swapped and fake tags, they were on board. The bill in Oklahoma passed the Senate unanimously, and passed the House 87 – 10. The new law goes into effect November 1, 2007. Here it is, in its entirety:

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.
Passed the Senate the 26th day of April, 2007.

______________________________________________
Presiding Officer of the Senate
Passed the House of Representatives the 18th day of April, 2007.
______________________________________________
Presiding Officer of the House of Representatives
Approved by the Governor of the State of Oklahoma on the 4 day of May, 2007, at 4:04 o’clock p.m.
______________________________________________
Governor of the State of Oklahoma


If you want to look it up on the OSCN (Oklahoma State Courts Network) you can go here:

http://www.oscn.net/applications/osc...?CiteID=448975


I want to make it clear that this isn’t something that will be voted on. It has already passed and has been signed by the Gov. It will be the law in Oklahoma November 1. As Steve noted, it allows 3 times actual damages PLUS attorney fees. Why? Biggest problem most victims of tag fraud have when seeking recourse is simply that they can’t find a lawyer to take the case, and if they do, they can’t afford to hire the lawyer. It wasn’t intended so much to be a lawyer’s dream, as to turn the victim’s nightmare into the perpetrator’s nightmare. Also, as some guys noted on Team Chevelle, the state isn’t going to go looking for these guys. That is precisely why we gave it such strong civil remedies. Now the state won’t have to spend taxpayer money enforcing. In fact, I consulted with the head of white collar crime in the Oklahoma County DA’s office, and he suggested ultra strong civil remedies. Less work for his office.

It is my sincere desire that this is only the first of 51 steps. However, we need help from guys in all 50 states and D.C. You can use this law as a model law. I am not saying it is perfect, but then you and your legislators can change whatever you want. Send it to your representatives. I will be glad to compose a form letter of sorts in either Microsoft Word or Wordperfect format for you to send this to your representative. Ask him or her to introduce similar legislation in your state. Then follow up with an email. Then follow up with a phone call. Request a face to face meeting. These guys have folks on staff that can put the language in “bill” form. They just need something to model it after. Send me a PM or an email at [email protected]

How many times have some of you guys posted a link to an auction, or mentioned some car being sold with a swapped trim tag or an outright fake trim tag, and asked: “How can they get away with this?” or “Why isn’t this illegal?” Well, the reason it isn’t illegal is because no one ever passed a law making it illegal. You can do it in your state. I will be glad to help in any way I can. I know Verne would be glad to lend assistance as well.

Let me hear from you. I will be posting this on three web sites trying to garner some support. Time to quit whining and do something about it.

Thanks to the Administrators of this forum.

Lynn Bilodeau

[427king]

This is great news. I will change my mind though if i see attorneys handing out business cards with a booth setup at Carlisle.