249-11 Fraudulent use of plates, tags, or emblems and other misdemeanors; penalties. (a) Any person who manufactures, sells, or distributes vehicle number plates, tags, or emblems of a design and size similar to the currently issued series of number plates, tags, or emblems authorized by the director of finance, or who attaches to and uses on any vehicle plates, tags, or emblems not furnished in accordance with sections 249-1 to 249-13 or 286-53, or who fraudulently uses such number plates, tags, or emblems upon any vehicle other than the one for which the number plates, tags, or emblems were issued, or who molests or disturbs any vehicle which has been seized pursuant to sections 249-1 to 249-13, or any person who knowingly uses a motor vehicle, the tax upon which is delinquent, upon public highways of this State, or any director of finance who issues a certificate of registration or number plates, tags, or emblems to any person who has not paid the tax required by sections 249-1 to 249-13, or any person who violates any of the provisions of such sections, shall be fined not more than $500.

(b) It shall be unlawful for any person to manufacture, sell, display, permit to be displayed, or possess any reproduction, imitation, or facsimile of a license plate with a similar design, shape, size, and color as the license plates contracted for the director of finance of the city and county of Honolulu pursuant to section 249-9. [RL 1935, pt of 2157; am L 1937, c 214, 1, subs 8; RL 1945, 5712; RL 1955, 130-11; HRS 249-11; am L 1980, c 133, 3; am L 1987, c 317, 1; am L 1994, c 72, 1; am L 2005, c 5, 1]

 

Case Notes

 

As the penalty for violating this section is a fine of not more than $500, the offense under this section constitutes a traffic infraction and not a criminal offense; thus, part of judgment that found motorist "guilty" of fraudulent use of vehicle plates vacated and remanded for entry of a replacement judgment in favor of the State that complies with chapter 291D. 107 H. 519 (App.), 115 P.3d 698 (2005).

 

 

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