§ 402. Distinctive number; form of number plates; trailers. 1. (a) No
person shall operate, drive or park a motor vehicle on the public
highways of this state unless such vehicle shall have a distinctive
number assigned to it by the commissioner and a set of number plates
issued by the commissioner with a number and other identification matter
if any, corresponding to that of the certificate of registration
conspicuously displayed, one on the front and one on the rear of such
vehicle, each securely fastened so as to prevent the same from swinging
and placed, whenever reasonably possible, not higher than forty-eight
inches and not lower than twelve inches from the ground; provided,
however, that in any registration year for which only one number plate
is issued, such number plate shall constitute a set of number plates for
the time in which such use is authorized, shall be displayed on the rear
of the vehicle and none shall be displayed on its front, except in case
of a tractor, when such number plate shall be displayed on the front of
the vehicle and none shall be displayed on its rear.

(b) (i) Number plates shall be kept clean and in a condition so as to
be easily readable.

(ii) Number plates shall not be knowingly covered or coated with any
material or substance that conceals or obscures such number plates or
that distorts a recorded or photographic image of such number plates.

(ii-a) Number plates shall not be covered by glass or any plastic
material, nor shall they be covered with a material appearing to be a
number plate for display as proof of lawful registration but which has
not been lawfully issued by the commissioner, the commissioner's agent,
or the equivalent official or agents from another state, territory,
district, province, nation or other jurisdiction.

(iii) The view of such number plates shall not be obstructed by any
part of the vehicle or by anything carried thereon, except for a
receiver-transmitter issued by a publicly owned tolling facility in
connection with electronic toll collection when such
receiver-transmitter is affixed to the exterior of a vehicle in
accordance with mounting instructions provided by the tolling facility.

2. Such number plates shall be of such material, form, design and
dimensions and contain or set forth such distinguishing number or other
identification marks as the commissioner shall prescribe, provided,
however, that there shall be at all times a marked contrast between the
color of the number plates and that of the numerals or letters thereon,
and provided further that no vehicle shall display the number plates of
more than one state at a time except where the vehicle is required to be
registered in more than one state, and provided further that the number
plates of a rental vehicle shall not display any indication of the
rental status of such vehicle nor shall any plate be used other than
those issued by the commissioner.

3. No person shall operate or drive a motor vehicle drawing a trailer
on the public highways of the state, unless such trailer shall have a
distinctive number assigned to it by the commissioner and a number plate
issued by such commissioner with a number corresponding to that of the
certificate of registration displayed and fastened on the rear in the
manner provided for number plates on the rear of a motor vehicle. The
provisions of subdivision two of this section relating to number plates
for motor vehicles shall apply to number plates for any such trailer.
The provisions of this subdivision shall not apply when a newly
constructed trailer is being drawn to or from a weighing station solely
for the purpose of determining the weight thereof.

4. No person shall operate or drive a motor vehicle upon the public
highways of this state having displayed thereon number plates not proper
for such vehicle under the provisions of this chapter and, upon a
conviction for this offense, the number plates shall be surrendered to
the court for delivery to the commissioner. The failure to produce the
certificate of registration or registration renewal stub of a vehicle
shall be presumptive evidence of displaying number plates not proper for
the vehicle. Every annual number plate issued shall remain the property
of the state until the correct registration fee is paid. Every number
plate of a permanent nature for use with a removable date tag which
shall be issued shall remain the property of the state unless and until
the commissioner finds that the state no longer has use for it. Number
plates belonging to the state shall be under the control of the
commissioner.

5. No person shall knowingly authorize or permit a number plate issued
for a motor vehicle or trailer owned and registered by him to be
displayed on any motor vehicle or trailer other than a motor vehicle or
trailer to which such number plate has been assigned by the
commissioner, or upon which such number plate may legally be displayed
under a temporary certificate of registration issued by a dealer under
the provisions of section four hundred twenty of this chapter.

6. No owner shall knowingly cause or permit a vehicle owned by him to
be operated, driven or parked upon the public highways of this state in
violation of this section. Any violation of this section that occurs
while a motor vehicle is parked on the public highways of this state
shall constitute a parking violation.

7. It shall be unlawful for any person, firm, partnership,
association, limited liability company or corporation to sell, offer for
sale or distribute any:

(a) artificial or synthetic material or substance for the purpose of
application to a number plate that will, upon application to a number
plate, distort a recorded or photographic image of such number plate; or

(b) plate cover, material or device for the purpose of installation
on, near or around a number plate that will, upon installation on, near
or around a number plate, obstruct or obscure all or any part of the
distinguishing number or other identification marks of such number
plate; or

(c) a material appearing to be a number plate for display as proof of
lawful registration but which has not been lawfully issued by the
commissioner, the commissioner's agent, or the equivalent official or
agents from another state, territory, district, province, nation or
other jurisdiction.

8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:

(a) A violation of subparagraph (ii), subparagraph (ii-a) or
subparagraph (iii) of paragraph (b) of subdivision one of this section
shall be punishable by a fine of not less than one hundred nor more than
five hundred dollars.

(b) A person convicted of a violation of subparagraph (ii-a) of
paragraph (b) of subdivision one of this section shall surrender the
glass or plastic covering or material appearing to be a number plate, as
applicable, to the court or administrative tribunal for delivery to the
commissioner.

(c) Upon conviction of a violation of subparagraph (ii) of paragraph
(b) of subdivision one of this section, the court or administrative
tribunal having jurisdiction may, in addition to any penalty that may be
imposed for such violation, order the removal of any material or
substance that conceals or obscures such number plates or the
replacement of such number plates.