Potential Penalties For Driving With Historic Tags (2025)

What Are Historic Tags?

Individual states set the policies and procedures for historic or antique license plates. However, each state generally acknowledges two policies for treating old vehicles differently.

First, old vehicles often lack the safety equipment of newer vehicles. This means antique cars may not comply with many modern safety laws or pass state-mandated safety and emissions inspections in states that require them. As a result, cars with historic plates in California, for example, are exempt from state emissions testing.

Second, people who have antique vehicles often preserve them rather than drive them, since such cars could involve a heightened risk of auto accidents on the road. Many states acknowledge that the owners should not pay the same taxes or registration fees for these vehicles since they are driven less often. Thus, California only requires historic vehicle owners to pay a one-time fee and does not charge an annual renewal fee.

Historic registration can also reduce the owner’s average cost of car insurance per month. Even though the car may have a high value, the limited amount of use reduces the risk of car accidents.

Legal Requirements for Historic Tags

The legal requirements for historic tags vary by state. Some states only issue historic tags for vehicles over 25 years old. Others set the bar at 20 years. Maine has one of the longest requirements at 35 years old. Additionally, California requires that the vehicle be of “historic interest.”

States also differ on whether replicas qualify for historic tags. Illinois allows historic tags on bona fide replicas that were built to copy the original’s design, frame, and mechanical operation. Other states do not allow historic tags on replicas. In Maine, the vehicle must be in its original or restored condition.

All states tend to agree on one limitation. To receive a historic plate, the owner must certify that the vehicle is not for daily use. Instead, the car can only be driven to or from parades, auto shows and other exhibitions.

Penalties for Misusing Historic Tags

States typically impose a penalty for driving with historic tags improperly. The most common penalty is a fine. A state may also revoke your historic plate, and you might be required to pay the taxes and fees for a standard plate if you choose to re-register the vehicle.

Generally, the penalty for driving with historic tags will not include jail or driver’s license points. However, a prosecutor could pursue charges of defrauding the government if the evidence shows that a vehicle owner knowingly abused the historic license plate registration process to deprive the state of its registration fees.

Similarly, if the penalty resulted from a traffic stop for another reason, such as a DUI, you can still face punishment for the violation on top of the administrative penalty for misusing your historic tags.

Importantly, violating historic tag rules might not qualify as comparative or contributory negligence. Safety law violations, like speeding, qualify as negligence per se in many states. However, an administrative law violation, like misusing historic tags, might not qualify as negligence per se because it does not endanger other road users.

Common Violations Associated With Historic Tags

A common violation associated with historic tags occurs when drivers use their historic vehicles too often. Most laws impose two restrictions on historic vehicle owners. First, the owner’s use of the car must be “substantially” for exhibition purposes. Thus, the majority of the vehicle’s use happens while driving to or from exhibitions.

The owner must also certify that the vehicle is not for daily use. Specifically, they must certify that they will not regularly carry passengers or cargo. This means a vehicle owner potentially violates the conditions on their historic tags when they use the vehicle to commute or run errands.

Another common violation happens when the driver modifies the vehicle. Many states only allow historic tags for substantially unaltered cars and restored vehicles.

How Historic Tag Violations Are Enforced

Historic tag violations are usually enforced like all other license plate violations, including the following:

• A police officer observes the misuse and stops the driver
• The state motor vehicle department receives a complaint
• The owner submits an application containing false or misleading information

After receiving information about a possible violation, the state gathers evidence and sends a notice to the owner detailing the violation and the penalty.

How to Avoid Penalties for Historic Tag Misuse

You can reduce your risk of violating your state’s historic tag rules by understanding what you can and cannot do with your vehicle under the law. Most states have a website explaining the restrictions on cars with historic plates.

If you have any questions, ask a clerk when you apply for the historic tags, or contact your motor vehicle department.

What to Do if You've Received a Penalty

Many states allow you to request a hearing if you’ve received a penalty. The deadline for the hearing request will usually appear in the notice you received from the state. You can present your side of the story and explain what occurred. If the state accepts your explanation, you can typically keep your historic tags.

Contact ConsumerShield to Learn More About Restrictions on Historic Tags

Owning an antique vehicle can be rewarding in many ways. To protect your investment, make sure you understand the rules on historic tags in your state.

If you’re not sure of your state’s laws, the knowledgeable team at ConsumerShield can refer you to a trusted lawyer in your area who can offer in-depth advice. Contact us for a free case review to get started today.