Sec. 14-106b. Properly functioning odometer required. Tampering with odometer prohibited.
Sec. 14-106b. Properly functioning odometer required. Tampering with
odometer prohibited. (a) Each self-propelled motor vehicle registered in this state
designed and manufactured with an odometer shall at all times while operating on the
highway be equipped with a properly functioning odometer. Any person who violates
any provision of this section shall be issued a warning for defective equipment under
the provisions of subsection (c) of section 14-103.
(b) No person or his agent shall remove, turn back or change the reading on the
odometer of any motor vehicle required under the provisions of subsection (a) of this
section or subsection (a) of section 14-106a to be equipped with an odometer except in
connection with the repair of such odometer either while installed in or removed from
such motor vehicle and unless such person is licensed as a new dealer, used dealer or
general or limited repairer pursuant to section 14-52. Each odometer repaired and each
new or used odometer installed in any motor vehicle required to be equipped with an
odometer shall display mileage at least equal to the mileage displayed by the odometer
in such motor vehicle immediately prior to such repair or replacement.
(c) No person shall sell, offer for sale, use, install or cause to be installed any device
which causes the odometer in any motor vehicle required under the provisions of subsection (a) of this section or subsection (a) of section 14-106a to be so equipped to register
any mileage other than the true mileage driven. For purposes of this section, the true
mileage driven is that mileage driven by the vehicle as registered by the odometer within
the manufacturer's designed tolerance.
(d) Any person violating the provisions of subsections (b) or (c) of this section shall
be guilty of committing a class A misdemeanor. Any person violating the provisions of
said subsections shall be liable for damages equal to three times the amount of actual
damage or one thousand five hundred dollars, whichever is greater, court costs and
reasonable attorney's fees and shall pay a civil penalty of not more than one thousand
dollars for each violation. A violation of the provisions of said subsections shall be
deemed to be an unfair trade practice within the provisions of chapter 735a. Any person
licensed as a new dealer, used dealer or general or limited repairer pursuant to section 14-52 shall in addition to the penalties imposed by this section be subject to the suspension or
revocation of his license as provided in section 14-64.
(e) The provisions of this section and section 14-145 shall not apply to motorcycles
as defined by section 14-1.
(P.A. 73-429, S. 2-5; P.A. 75-329; P.A. 85-338, S. 2.)
History: P.A. 75-329 inserted new Subsec. (e) re devices which modify odometer, redesignated former Subsecs. (c)
and (d) as (d) and (e) respectively and added reference to new Subsec. (c) in Subsec. (d); P.A. 85-338 amended Subsec.
(d)to make violation a class A rather than class C misdemeanor and impose additional penalties-liability for damages
equal to three times the amount of actual damage or $1,500 and payment of a civil penalty, and to provide that violations
shall be unfair trade practices.
Cited. 33 CA 575.