§249-11  Fraudulent use of plates, tags, oremblems and other misdemeanors; penalties.  (a)  Any person whomanufactures, sells, or distributes vehicle number plates, tags, or emblems ofa 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 anduses on any vehicle plates, tags, or emblems not furnished in accordance withsections 249-1 to 249-13 or 286-53, or who fraudulently uses such numberplates, tags, or emblems upon any vehicle other than the one for which thenumber plates, tags, or emblems were issued, or who molests or disturbs anyvehicle which has been seized pursuant to sections 249-1 to 249-13, or anyperson 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 acertificate of registration or number plates, tags, or emblems to any personwho has not paid the tax required by sections 249-1 to 249-13, or any personwho violates any of the provisions of such sections, shall be fined not morethan $500.

(b)  It shall be unlawful for any person tomanufacture, sell, display, permit to be displayed, or possess anyreproduction, imitation, or facsimile of a license plate with a similar design,shape, size, and color as the license plates contracted for the director offinance 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 notmore than $500, the offense under this section constitutes a traffic infractionand not a criminal offense; thus, part of judgment that found motorist"guilty" of fraudulent use of vehicle plates vacated and remanded forentry of a replacement judgment in favor of the State that complies withchapter 291D.  107 H. 519 (App.), 115 P.3d 698.