SENATE BILL REPORT

SB 6582

BYSenators Patterson and McMullen

Revising vehicle odometer laws.

Senate Committee on Transportation

Senate Hearing Date(s):January 27, 1988

Senate Staff:Brad Lovaas (786-7307)

AS OF JANUARY 27, 1988

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 from the seller.

The federal civil penalty for odometer tampering violations 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.  After January 1, 1989 all registration and titles issued by the Department 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.  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.

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested