Opinion: Illegible license plates cause headaches for police
In 2008, the Pennsylvania General Assembly passed Act 133, and it was signed by then-Gov. Ed Rendell that eliminated the necessity for PennDOT to replace our license plates every 10 years.
Our legislators were told that this measure would save $59 million in the succeeding three years. The last time license plates were replaced was 1999.
The 2008 law, however, does require replacement of illegible license plates free of charge, but only when a license plate has been deemed illegible by a certified inspection mechanic at the time of inspection or by law enforcement.
A registration plate is deemed illegible when one or more numbers or letters cannot be recognized from 50 feet, or if the registration plate shows any blistering, peeling, discoloration or loss of reflectivity.
Last October, former Gov. Tom Wolf signed into law an amendment that allows law enforcement officers to pull over a motorist whose plate is “obscured in any manner.”
The state Superior Court interpreted this language and found that even a minor obstruction such as covering the state’s tourism website at the bottom of a license plate, was enough to justify a traffic stop. Of course, personal freedom advocates complained about this change, contending that traffic stops can lead to more intensive vehicle searches and additional criminal charges.
The new version of the Vehicle Code now finds it unlawful to display a license plate which is “illegible, obscured, covered or otherwise obstructed in any manner at a reasonable distance.” The statute was also amended to make it illegal to use a tinted license plate cover.
The new legislation states that the statutory language should not be interpreted to prohibit license plate frames that only minimally cover the edges of a license plate.
The Gross McGinley law firm in the Lehigh Valley said that this amendment protects motorists from unwarranted vehicle stops and potential searches. Law enforcement officers must possess either reasonable suspicion or probable cause to conduct a vehicle stop. Traffic stops without such justification violate a motorist’s constitutional rights and may lead to the suppression of evidence in a criminal case.
State Rep. Zack Mako, R-Northampton and Lehigh, teamed up with the Lehigh County Sheriff’s Office to host a free illegible license plate event in Coplay on May 9. Members of the sheriff’s department inspected plates to determine whether any were illegible and needed replacement. In cases where changes were needed, motorists were assisted in filling out the necessary paperwork to make the change as effortless as possible. Mako said nearly 50 motorists showed up to begin the application process.
The sad truth is that some motorists intentionally make their plates illegible to game the system. For example, the Pennsylvania Turnpike reported that many illegible plates are detected by E-Z Pass readers, but a motorist who uses the illegible plates ruse stands a 50% chance of remaining undetected. Since the turnpike does not use toll collectors any more, the incidence of unpaid tolls has risen dramatically.
I checked the internet and found hundreds of offers of license-plate blocking devices, many for under $20. Police tell me that it is not illegal to possess these devices, but it is illegal once they are affixed to the license plate. Violations for obstructing license plates could result in fines of more than $100 plus costs.
If there is no crackdown on these obscured license plate cheats, law-abiding drivers, such as you and I, will have to pay more to make up for those not paying at all.
By Bruce Frassinelli | tneditor@tnonline.com
The foregoing opinions do not necessarily reflect the views of the Editorial Board or Times News LLC.