2006 Code of Virginia § 46.2-112 - Tampering with odometer; penalty; civil liability

46.2-112. Tampering with odometer; penalty; civil liability.

A. It shall be unlawful to knowingly cause, either personally or through anagent, the changing, tampering with, disconnection, or nonconnection of anyodometer or similar device designed to show by numbers or words the distancewhich 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 orshould reasonably know that the odometer or similar device of the motorvehicle has been changed, tampered with, or disconnected to reflect a lessermileage or use, unless he gives clear and unequivocal notice of suchtampering, etc., or of his reasonable belief thereof, to the purchaser inwriting prior to the sale. In a prosecution under this subsection, evidencethat a person or his agent has changed, tampered with, disconnected, orfailed to connect an odometer or similar device of a motor vehicle shallconstitute prima facie evidence of knowledge thereof.

C. It shall be unlawful for any person to advertise for sale, sell, or useany device designed primarily for the purpose of resetting the odometer orsimilar 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 thecourse of predelivery testing of any motor vehicle by its manufacturer priorto 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 isforthwith set at a reading determined by the reading on the deviceimmediately prior to repair or replacement plus a bona fide estimate of theuse of the vehicle sustained between the period when the device ceased toaccurately record that use and the time of repair or replacement.

3. Passenger vehicles having a capacity in excess of fifteen persons.

4. Trucks having a net weight in excess of 10,000 pounds.

E. Any person convicted of a violation of the provisions of subsections Athrough D of this section shall, for a first offense, be fined not more than$10,000 and sentenced to a term of confinement in jail for not more thantwelve months, either or both. Any person convicted of a subsequent offenseunder this section shall be fined not more than $50,000 and sentenced to aterm of confinement in a state correctional facility for not less than oneyear nor more than five years, either or both, for each offense if theoffense is committed with the intent thereby to defraud another. Eachviolation of this section shall constitute a separate offense.

F. Any person who with intent to defraud violates subsection A or B of thissection shall be liable in a civil action in an amount equal to three timesthe amount of actual damages sustained or $1,500, whichever is greater. Inthe case of a successful action to enforce the foregoing liability, the costsof the action, together with reasonable attorney fees as determined by thecourt, shall be assessed against the person committing the violation. Anaction under this subsection shall be brought within two years from the dateon which liability arises. For the purpose of this subsection, liabilityarises when the injured party discovers, or with due diligence should havediscovered, the violation.

(1972, c. 851, 46.1-15.1 to 46.1-15.3; 1978, c. 294; 1986, c. 490; 1989,c. 727.)