Need some opinions on removing vin tags on dash and door jam before media blast or leave them on. They appear to have the original rivets and I don't know if you can still get them. Any thoughts.
Myself, I think there is a big difference between removing the tag and putting it back like it's supposed to be so nobody can tell it has ever been removed or messed with and the ones that have been discussed here that are obvious.I love the double standard. The one set of folks saying go ahead rip the tags off no problem but then a car comes up on e-bay and everyone zero's in on the tag rivets and "won't touch it with a ten foot pole" "now it's just a clone" etc. To me, in my personal opinion, if you never remove them, there is never a question. Period.
Federal Motor Vehicle Safety Standards.What is "FMVSS"?
once those rivets are removed the tag becomes altered , if you alter the tag with out authorization it becomes tampered with .
You don't need a lawyer, just understand English.No doubt you are a lawyer aren't you?
(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) (THE PART IN RED) 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.
US Justice Dept Criminal Resource Manual Proving-violations-18-usc-511Section 511(a) of Title 18 makes it a felony knowingly to remove, obliterate, tamper with, or alter an identification number for a road motor vehicle or a road motor vehicle part.
The essence of the offense is to show a removal, obliteration, tampering with, or alteration by the defendant. Eyewitness testimony is the best evidence to prove that the defendant removed or falsified the number. Proof of a removal of a number should be easily accomplished by persons familiar with what numbers should be present on a motor vehicle or part.
Regulation VESC-18, Standardized Replacement Vehicle Identification Number SystemMost of the states that are parties to the interstate compact, which created the Vehicle Equipment Safety Commission (VESC), have established under their respective state laws, procedures for the restoration and replacement of missing identification numbers. See Regulation VESC-18, Standardized Replacement Vehicle Identification Number System.
If the VIN comes off for any reason, only the state can legally replace it.4.0 POLICY
4.1. A replacement Vehicle Identification Numbering System shall be administered by the state agency responsible for registering and titling vehicles, hereafter referred to as the "Registration Agency". The operational functions of the Replacement Vehicle Identification Numbering may be carried out by Registration Agency and/or a statewide law enforcement agency referred to as "Enforcement Agency."
US Justice Dept Criminal Resource Manual
Section 511(a) of Title 18 makes it a felony knowingly to remove, obliterate, tamper with, or alter an identification number for a road motor vehicle or a road motor vehicle part.
US Justice Dept Criminal Resource Manual Proving-violations-18-usc-511
Regulation VESC-18, Standardized Replacement Vehicle Identification Number System
If the VIN comes off for any reason, only the state can legally replace it.
Which is the portion I quoted. You didnt post the whole paragraph.Section 511(a) of Title 18 makes it a felony knowingly to remove, obliterate, tamper with, or alter an identification number for a road motor vehicle or a road motor vehicle part. Section 511(b) of Title 18 creates exceptions for certain persons who engage in lawful conduct that may result in removal or alteration of an identification number. The legislative history is abundantly clear that subsection (b) is not intended to create a loophole for the operators of "chop shops." See H.R.Rep. No. 1087 on H.R. 6257, 98th Congress, 2d Sess. 23-25 (1984).
Hes not replacing the VIN. He removing the original and putting it back on which is what this paragraph is referring to, a replacement.4.0 POLICY
4.1. A replacement Vehicle Identification Numbering System shall be administered by the state agency responsible for registering and titling vehicles, hereafter referred to as the "Registration Agency". The operational functions of the Replacement Vehicle Identification Numbering may be carried out by Registration Agency and/or a statewide law enforcement agency referred to as "Enforcement Agency."
(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;
Out of respect i will answer your question . No i am not a lawyer thanks for the compliment . Now lets try to stay on topic with out making snide remarks , please !No doubt you are a lawyer aren't you?
This went off topic 4 pages ago.Now lets try to stay on topic with out making snide remarks , please !
If you go into your user CP you can click a box that allows more posts on a page.This went off topic 4 pages ago.
This same thread has been answered here and other places on the net for years, its nothing new.I really stirred the pot with this post!