§ 82-1-33. Tampering with odometer; penalty.

(a)

It shall be unlawful for any person 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 the seller 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 the seller shall give 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, to sell, or to use any device designed primarily for the purpose of in any manner resetting the odometer or similar device of a motor vehicle.

(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 such use and the time of repair or replacement;

(3)

Passenger vehicles having a capacity in excess of fifteen (15) persons;

(4)

Trucks having a net weight in excess of ten thousand (10,000) pounds.

(e)

Any person convicted of a violation of this Section shall be guilty of a Class 1 misdemeanor for a first offense, and guilty of a Class 6 felony with punishment as provided in Code of Virginia, Section 18.2-10(f), for any subsequent offense. (1976; 34-78-82.)