                                 CODE OF VIRGINIA

TAMPERING WITH ODOMETER; PENALTY; CIVIL LIABILITY (§ 46.2-112)

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 &#xA7; 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 15 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 A
through D shall, for a first offense, be fined not more than $10,000 and
sentenced to a term of confinement in jail for not more than 12 months, either
or both. Any person convicted of a subsequent offense under this section shall
be fined not more than $50,000 and sentenced to a term of confinement in a state
correctional facility for not less than one year nor more than five years,
either or both, for each offense if the offense is committed with the intent
thereby to defraud another. Each violation of this section shall constitute a
separate offense.

F. Any person who with intent to defraud violates subsection A or B shall be
liable in a civil action in an amount equal to three times the amount of actual
damages sustained or $3,000, whichever is greater. In the case of a successful
action to enforce the foregoing liability, the costs of the action, together
with reasonable attorney fees as determined by the court, shall be assessed
against the person committing the violation. An action under this subsection
shall be brought within two years from the date on which liability arises. For
the purpose of this subsection, liability arises when the injured party
discovers, or with due diligence should have discovered, the violation.

HISTORY: 1972, c. 851, §§ 46.1-15.1 to 46.1-15.3; 1978, c. 294; 1986, c. 490;
1989, c. 727; 2012, cc. 32, 122.