U.S. Code
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Title 49
» Subtitle SUBTITLE VI— MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART C— INFORMATION, STANDARDS, AND REQUIREMENTS › Chapter CHAPTER 327— ODOMETERS
49 U.S.C. § 32702
Definitions
In this chapter—(1) “auction company” means a person taking possession of a motor vehicle owned by another to sell at an auction.(2) “dealer” means a person that sold at least 5 motor vehicles during the prior 12 months to buyers that in good faith bought the vehicles other than for resale.(3) “distributor” means a person that sold at least 5 motor vehicles during the prior 12 months for resale.(4) “leased motor vehicle” means a motor vehicle leased to a person for at least 4 months by a lessor that leased at least 5 vehicles during the prior 12 months.(5) “odometer” means an instrument or system of components for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument or system of components designed to be reset by the operator of the vehicle to record mileage of a trip.(6) “repair” and “replace” mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer.(7) “title” means the certificate of title or other document issued by the State indicating ownership.(8) “transfer” means to change ownership by sale, gift, or any other means.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1048; Pub. L. 104–287, § 5(61), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 112–141, div. C, title I, § 31205(a), July 6, 2012, 126 Stat. 760.)Historical and Revision Notes |
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Pub. L. 103–272 |
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32702(1) | 15:1982(8). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 402(6)–(8); added Oct. 28, 1986, Pub. L. 99–579, § 2(b), 100 Stat. 3310. |
32702(2) | 15:1982(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 402(1), (2); added July 14, 1976, Pub. L. 94–364, § 401(2), 90 Stat. 983. |
32702(3) | 15:1982(2). | |
32702(4) | 15:1982(7). | |
32702(5) | 15:1982(3). | Oct. 20, 1972, Pub. L. 92–513, § 402(3)–(5), 86 Stat. 961; July 14, 1976, Pub. L. 94–364, § 401(1), 90 Stat. 983. |
32702(6) | 15:1982(4). | |
32702(7) | 15:1982(6). | |
32702(8) | 15:1982(5). | |
In clause (1), the words “(whether through consignment or bailment or through any other arrangement)” and “such motor vehicle” are omitted as surplus.
In clause (4), the words “a term of” are omitted as surplus.
In clause (5), the words “the distance a motor vehicle is driven” are substituted for “the actual distance a motor vehicle travels while in operation” for clarity and to eliminate unnecessary words.
Pub. L. 104–287This amends 49:32702(8) and 32705 to clarify the restatement of 15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).
Editorial NotesAmendments2012—Par. (5). Pub. L. 112–141, which directed insertion of “or system of components” after “instrument”, was executed by making the insertion after “instrument” both places it appeared.
1996—Par. (8). Pub. L. 104–287 inserted “any” after “or”.
Statutory Notes and Related SubsidiariesEffective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Notes of Decisions
Garry Ioffe v. Skokie Motor Sales, Inc., Doing Bus. as Sherman Dodge, 414 F.3d 708 (7th Cir. 2005).
· cites it 2× “First, Ioffe asserts that the Truth in Mileage Act of 1986, which amended 49 U.S.C. §§ 32702 , 32705, and 32709, supports his interpretation because it expressly required that the Odometer Act’s mandatory disclosures be made on the certificate of title.”
Bodine v. Graco, Inc., 533 F.3d 1145 (9th Cir. 2008).
· cites it 2× “” 49 U.S.C. § 32702 (7); see also 49 C.F.R.”
Glendale Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005).
“” 49 U.S.C. § 32702 (7). Thus, the complaint alleged all of the necessary elements required for a private cause of action pursuant to this statute: (1) that the defendant violated the Act or its regulations, (2) with intent to defraud.”
Tripp v. Charlie Falk's Auto Wholesale Inc., 290 F. App'x 622 (4th Cir. 2008).
“” 49 U.S.C. § 32702 (8). FOA prohibits the transferor from making false statements to the transferee surrounding the required mileage disclosures.”
In Re Nissan North Am., Inc. Odometer Lit., 664 F. Supp. 2d 873 (M.D. Tenn. 2009).
“” See 49 U.S.C. § 32702 (5). According to the defendants, this definition extends to "not just the display of numbers on the dash, but necessarily includes all the components of the vehicle design necessary to both 'measure and record’ mileage.”
In Re Nissan North Am., Inc. Odometer Litig., 739 F. Supp. 2d 1017 (M.D. Tenn. 2010).
· cites it 3× “Subsection 1 provides that a person may not: 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…”
Ioffe, Garry v. Skokie Motor Sales (7th Cir. 2005).
· cites it 2× “First, Ioffe asserts that the Truth in Mileage Act of 1986, which amended 49 U.S.C. §§ 32702 , 32705, and 32709, supports his interpretation because it expressly required that the Odometer Act’s mandatory disclosures be made 10 No.”
Bodine v. Graco Inc. (9th Cir. 2008).
· cites it 2× “” 49 U.S.C. § 32702 (5). 4 Section 32705(a) provides, in part: (1) Disclosure requirements.”
Hernandez v. Transtyle Inc. (D. Ariz. 2020).
“” 49 U.S.C. § 32702 (5). 6 In fact, the Court seriously questions counsel’s candor to this Court in his pleadings.”
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