Mitchel, Gaston, Riffel & Riffel Attorneys at Law

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Articles


BUYER BEWARE:
DID YOU PURCHASE SOMETHING THAT WAS ILLEGAL?

by Christopher Boring, Attorney at Law

We have all seen them; some of you may even have them on your vehicles right now, license plate covers.  These covers come in all shapes and sizes, colors and types, from clear to mirror, and even some are designed to block the cameras on stop lights and turnpikes.  Regardless, license plate covers are a very good reason for law enforcement to stop and possibly ticket you.  There are numerous reasons for a law enforcement officer to pull you over.  It seems that one favorite of law enforcement is stopping people for having license plate covers.  In Oklahoma, license plate covers are not illegal, but be very careful, there are strict guidelines on what type of covers a person may have.  Pursuant to OKLA. STAT. tit. 47, § 1113 (A)(2), it states:

The license plate shall be securely attached to the rear of the vehicle, except truck-tractor plates which shall be attached to the front of the vehicle…The license plate, decal and all letters and numbers shall be clearly visible at all times. The operation of a vehicle in this state, regardless of where such vehicle is registered, upon which the license plate is covered, overlaid or otherwise screened with any material, whether such material be clear, translucent, tinted or opaque, shall be a violation of this paragraph.

This statute tells us, as drivers in this state, that our vehicle must have a license plate on the back of the vehicle, unless you are driving a truck-tractor.  Second, we must have a license plate that is clearly visible at “all times.” This means that we can have mud, snow, dirt, paint, etc., covering the tag.  There is a separate statute requiring that the tag be illuminated by tag lights, which is also a popular reason for getting pulled over.  The third important note is that the license plate, which I would assume would be the entire plate be visible.  This is unclear and hasn’t be clearly defined.  It is definitely clear that the decal, this is the symbol of the state seal on most states, must be clearly visible.  Also, the numbers and letters must be clearly visible.  This language just tends to incorporate those license plate covers that only have a thin border around the plate itself. 

The last part of the statute is what is most concerning to me, in that this law applies to everyone, even if you are from a state that allows vehicle owners to install license plate covers, you are still subject to this statute.  However, many states have enacted similar statutes that license plate covers are illegal. 

 One thing about it, if the license plate is covered, then it is in violation of the statute.  It does not matter what type of covering, if it is covered it is illegal.

 My advice to you, use only the two metal screws that you have on your vehicle, make sure your tag light is working, and keep your vehicle’s license plate clean. 


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