TwinTurbo.NET: Nissan 300ZX forum - Against the law, 49 U.S.C. §§ 32703
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Subject Against the law, 49 U.S.C. §§ 32703
     
Posted by ZiNnYc on April 13, 2007 at 8:21 AM
  This message has been viewed 63 times.
     
In Reply To Aftermarket odometer? posted by Adam A. on April 12, 2007 at 08:37 PM
     
Message but if you look at section 32704, you can get around it if your odometer right now is "broken"...

Section 32703. Preventing tampering

A person may not -
(1) advertise for sale, sell, use, install, or have installed,
a device that makes an odometer of a motor vehicle register a
mileage different from the mileage the vehicle was driven, as
registered by the odometer within the designed tolerance of the
manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or
altered, an odometer of a motor vehicle intending to change the
mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a
street, road, or highway if the person knows that the odometer of
the vehicle is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705
of this title.

Section 32704. Service, repair, and replacement

(a) Adjusting Mileage. - A person may service, repair, or replace
an odometer of a motor vehicle if the mileage registered by the
odometer remains the same as before the service, repair, or
replacement. If the mileage cannot remain the same -
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach
a written notice to the left door frame of the vehicle specifying
the mileage before the service, repair, or replacement and the
date of the service, repair, or replacement.

(b) Removing or Altering Notice. - A person may not, with intent
to defraud, remove or alter a notice attached to a motor vehicle as
required by this section.

Section 32705. Disclosure requirements on transfer of motor vehicles

(a)(1) Disclosure Requirements. - Under regulations prescribed by
the Secretary of Transportation that include the way in which
information is disclosed and retained under this section, a person
transferring ownership of a motor vehicle shall give the transferee
the following written disclosure:
(A) Disclosure of the cumulative mileage registered on the
odometer.
(B) Disclosure that the actual mileage is unknown, if the
transferor knows that the odometer reading is different from the
number of miles the vehicle has actually traveled.

(2) A person transferring ownership of a motor vehicle may not
violate a regulation prescribed under this section or give a false
statement to the transferee in making the disclosure required by
such a regulation.
(3) A person acquiring a motor vehicle for resale may not accept
a written disclosure under this section unless it is complete.
(4)(A) This subsection shall apply to all transfers of motor
vehicles (unless otherwise exempted by the Secretary by
regulation), except in the case of transfers of new motor vehicles
from a vehicle manufacturer jointly to a dealer and a person
engaged in the business of renting or leasing vehicles for a period
of 30 days or less.
(B) For purposes of subparagraph (A), the term "new motor
vehicle" means any motor vehicle driven with no more than the
limited use necessary in moving, transporting, or road testing such
vehicle prior to delivery from the vehicle manufacturer to a
dealer, but in no event shall the odometer reading of such vehicle
exceed 300 miles.
(5) The Secretary may exempt such classes or categories of
vehicles as the Secretary deems appropriate from these
requirements. Until such time as the Secretary amends or modifies
the regulations set forth in 49 CFR 580.6, such regulations shall
have full force and effect.
(b) Mileage Statement Requirement for Licensing. - (1) A motor
vehicle the ownership of which is transferred may not be licensed
for use in a State unless the transferee, in submitting an
application to a State for the title on which the license will be
issued, includes with the application the transferor's title and,
if that title contains the space referred to in paragraph
(3)(A)(iii) of this subsection, a statement, signed and dated by
the transferor, of the mileage disclosure required under subsection
(a) of this section. This paragraph does not apply to a transfer of
ownership of a motor vehicle that has not been licensed before the
transfer.
(2)(A) Under regulations prescribed by the Secretary, if the
title to a motor vehicle issued to a transferor by a State is in
the possession of a lienholder when the transferor transfers
ownership of the vehicle, the transferor may use a written power of
attorney (if allowed by State law) in making the mileage disclosure
required under subsection (a) of this section. Regulations
prescribed under this paragraph -
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a
secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the
transferee;
(iv) shall provide that the person exercising the power of
attorney retain a copy and submit the original to the State with
a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and
the copy of the title for an appropriate period or that the State
adopt alternative measures consistent with section 32701(b) of
this title, after considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be
disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the
person exercising the power of attorney in the space referred to
in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the
State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial
transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers
appropriate.

(B) Section 32709(a) and (b) applies to a person granting or
granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred may
not be licensed for use in a State unless the title issued by the
State to the transferee -
(i) is produced by means of a secure printing process (or other
secure process);
(ii) indicates the mileage disclosure required to be made under
subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the
mileage at the time of a future transfer and to sign and date the
disclosure.

(B) Subparagraph (A) of this paragraph does not require a State
to verify, or preclude a State from verifying, the mileage
information contained in the title.
(c) Leased Motor Vehicles. - (1) For a leased motor vehicle, the
regulations prescribed under subsection (a) of this section shall
require written disclosure about mileage to be made by the lessee
to the lessor when the lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written
notice to the lessee of -
(A) the lessee's mileage disclosure requirements under
paragraph (1) of this subsection; and
(B) the penalties for failure to comply with those
requirements.

(3) The lessor shall retain the disclosures made by a lessee
under paragraph (1) of this subsection for at least 4 years
following the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle
without obtaining possession of the vehicle, the lessor, in making
the disclosure required by subsection (a) of this section, may
indicate on the title the mileage disclosed by the lessee under
paragraph (1) of this subsection unless the lessor has reason to
believe that the disclosure by the lessee does not reflect the
actual mileage of the vehicle.
(d) State Alternate Vehicle Mileage Disclosure Requirements. -
The requirements of subsections (b) and (c)(1) of this section on
the disclosure of motor vehicle mileage when motor vehicles are
transferred or leased apply in a State unless the State has in
effect alternate motor vehicle mileage disclosure requirements
approved by the Secretary. The Secretary shall approve alternate
motor vehicle mileage disclosure requirements submitted by a State
unless the Secretary decides that the requirements are not
consistent with the purpose of the disclosure required by
subsection (b) or (c), as the case may be.
(e) Auction Sales. - If a motor vehicle is sold at an auction,
the auction company conducting the auction shall maintain the
following records for at least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle
(except the auction company) and the name of the buyer of the
motor vehicle.
(2) the vehicle identification number required under chapter
301 or 331 of this title.
(3) the odometer reading on the date the auction company took
possession of the motor vehicle.

(f) Application and Revision of State Law. - (1) Except as
provided in paragraph (2) of this subsection, subsections (b)-(e)
of this section apply to the transfer of a motor vehicle after
April 28, 1989.
(2) If a State requests, the Secretary shall assist the State in
revising its laws to comply with subsection (b) of this section. If
a State requires time beyond April 28, 1989, to revise its laws to
achieve compliance, the Secretary, on request of the State, may
grant additional time that the Secretary considers reasonable by
publishing a notice in the Federal Register. The notice shall
include the reasons for granting the additional time. In granting
additional time, the Secretary shall ensure that the State is
making reasonable efforts to achieve compliance.

*****
My alarm? Yes, it's in my glovebox.

     
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