SENATE BILL REPORT

SB 5455

BYSenators Tanner, Wojahn, Newhouse and Rasmussen; by request of Attorney General

Revising laws relating to odometer tampering.

Senate Committee on Transportation

Senate Hearing Date(s):February 24, 1987

Senate Staff:Brad Lovaas (786-7307)

AS OF FEBRUARY 24, 1987

BACKGROUND:

State law requires that the odometer reading be written on the application for certificate of title at the time of sale.  The odometer reading is recorded and maintained on the Department of Licensing microfiche files for reference.  The odometer reading is not displayed upon the title certificate.

In late 1986 Congress enacted a federal odometer act.  It mandates that the odometer reading be displayed upon the title of all vehicles.  In submitting the title document to the state for vehicle registration, upon the transfer of ownership, the transferee must submit an odometer disclosure form signed and dated by the transferor.

The federal civil penalty is raised from $1,000 to $3,000 per violation, and the criminal penalties raised from a maximum of one year to three years in jail.

SUMMARY:

Every application for title shall contain an odometer reading and a statement attesting to the accuracy of the disclosure. After January 1, 1989 all registration and titles issued by DOL will reflect the odometer reading.

An odometer disclosure statement must be provided: (1) by the owner when a vehicle is transferred; (2) to fleet vehicle purchasers at the beginning and end of a lease; (3) by a dealer on assignment of title when transferring or selling a vehicle.

A transferee of a vehicle must apply for title within 15 days of vehicle delivery. A dealer must apply on behalf of a new owner, sending assignment of title to the Department of Licensing.  If the previous owner failed to record the mileage on the title a dealer must attach an odometer disclosure statement attesting to the odometer reading as it appeared when the vehicle was obtained.

If the transferor to dealer is from out of state and no recorded odometer reading is available at the time of transfer, the dealer, applying for title on behalf of a new owner, must make an odometer disclosure statement to the best of the dealer's knowledge.

A violation of the odometer reporting laws constitutes a violation of the Consumer Protection Act and is not classified as a traffic infraction.

The following violations of odometer tampering statutes are class C felonies when there is intent to defraud:  (1)  Operating a vehicle with the odometer disconnected; (2) failure to accurately service an odometer (repair notice must be posted on vehicle); (3) removal of odometer repair notice; (4) failure to submit odometer disclosure statement; (5) submitting a false odometer reading disclosure.

The owner or purchaser of a vehicle may bring action against the odometer tamperer or seller for $1,000 or treble damages, plus costs and attorney's fees.  The defendant seller must have known or have reason to know of tampering.  Recovery of $500 or double damages, plus costs and fees is allowed for unlawful repair or replacement of an odometer.

The Attorney General, retail purchaser or prosecuting attorney may institute action against a defendant dealer's surety bond and any recovery is applied to restitution.

Fiscal Note:      none requested