Bill Text: VA HB649 | 2012 | Regular Session | Chaptered
Bill Title: Vehicle odometers; increases penalty for tampering.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-02-28 - Governor: Acts of Assembly Chapter text (CHAP0032) [HB649 Detail]
Download: Virginia-2012-HB649-Chaptered.html
. Be it enacted by the General Assembly of Virginia: 1. That §46.2-112 of the Code of Virginia is amended and reenacted as follows: §46.2-112. Tampering with odometer; penalty; civil liability. A. It shall be unlawful to knowingly cause, either personally or through an agent, the changing, tampering with, disconnection, or nonconnection of any odometer or similar device designed to show by numbers or words the distance which a motor vehicle has traveled or the use it has sustained. B. It shall be unlawful for any person to sell a motor vehicle if he knows or should reasonably know that the odometer or similar device of the motor vehicle has been changed, tampered with, or disconnected to reflect a lesser mileage or use, unless he gives clear and unequivocal notice of such tampering, etc., or of his reasonable belief thereof, to the purchaser in writing prior to the sale. In a prosecution under this subsection, evidence that a person or his agent has changed, tampered with, disconnected, or failed to connect an odometer or similar device of a motor vehicle shall constitute prima facie evidence of knowledge thereof. C. It shall be unlawful for any person to advertise for sale, sell, or use any device designed primarily for the purpose of resetting the odometer or similar device of a motor vehicle in any manner. D. The provisions of this section shall not apply to the following: 1. The changing of odometer or similar device readings registered in the course of predelivery testing of any motor vehicle by its manufacturer prior to its delivery to a dealer. 2. Any necessary repair or replacement of an odometer or similar device, provided that the repaired or replaced odometer or similar device is forthwith set at a reading determined by the reading on the device immediately prior to repair or replacement plus a bona fide estimate of the use of the vehicle sustained between the period when the device ceased to accurately record that use and the time of repair or replacement. Compliance with the requirements of 49 USC §32704 of the Federal Odometer Act in the service, repair, or replacement of an odometer shall be deemed compliance with this subdivision. 3. Passenger vehicles having a capacity in excess of 4. Trucks having a net weight in excess of 10,000 pounds. E. Any person convicted of a violation of the provisions of
subsections A through D F. Any person who with intent to defraud violates subsection A
or B |