49 U.S.C. § 32703

Preventing tampering

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A person may not—(1) 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 tolerance of the manufacturer of the odometer;(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;(3) with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or(4) conspire to violate this section or section 32704 or 32705 of this title.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, § 6(33), Oct. 31, 1994, 108 Stat. 4380.)

Historical and Revision Notes
Pub. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
32703(1)	15:1983.	Oct. 20, 1972, Pub. L. 92–513, § 403, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, § 402, 90 Stat. 983.
32703(2)	15:1984.	Oct. 20, 1972, Pub. L. 92–513, §§ 404, 405, 86 Stat. 962; restated July 14, 1976, Pub. L. 94–364, §§ 403, 404, 90 Stat. 983.
32703(3)	15:1985.
32703(4)	15:1986.	Oct. 20, 1972, Pub. L. 92–513, § 406, 86 Stat. 962.

In clause (1), the words “the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer” are substituted for “the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer’s designed tolerance” to eliminate unnecessary words.

In clause (3), the words “public” and “road” are added for consistency in this subtitle.

Pub. L. 103–429

This amends 49:32703(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).

Editorial NotesAmendments

1994—Par. (3). Pub. L. 103–429 struck out “public” before “street”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Notes of Decisions

Cited in 50 cases (17 in the last 5 years), 1996–2026 · leading case: United States v. Steven Paul Berndt, United States of Am. v. David John Asmussen, 86 F.3d 803 (8th Cir. 1996).

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United States v. Steven Paul Berndt, United States of Am. v. David John Asmussen, 86 F.3d 803 (8th Cir. 1996). · cites it 4× “§ 1986 , recodified at, 49 U.S.C. § 32703 (4); and 28 counts of odometer .”

United States v. Sutton, 520 F.3d 1259 (10th Cir. 2008). · cites it 2× “§§ 1341 , 2 (count 1) and one count of odometer tampering in violation of 49 U.S.C. §§ 32703 (2) and 32709(b) and 18 U.”

Rivera Castillo v. Autokirey, Inc., 379 F.3d 4 (1st Cir. 2004). “” 49 U.S.C. § 32703 (2). In considering the Odometer Act, originally passed in 1972, Congress found that although seventeen states at the time had enacted legislation to prohibit altering odometers, States without such legislation have found this practice on the increase,…”

United States v. Jack A. Day, 418 F.3d 746 (7th Cir. 2005). “Day was charged with three counts of knowingly and willfully resetting and altering vehicle odometers, in violation of 49 U.S.C. §§ 32703 (2) and 32709, as well as four counts of knowingly and willfully making false statements relating to the actual mileage of a motor vehicle,…”

United States v. Allen K. Gilbertson, 435 F.3d 790 (7th Cir. 2006). “Allen Gilbertson, a used car salesman, was charged with five counts of knowingly altering the odometers of motor vehicles, in violation of 49 U.S.C. §§ 32703 (2) and 32709(b). He was convicted on four counts after a jury trial 1 , and he was sentenced to 15 months’ imprisonment…”

Glendale Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005). “49 U.S.C. § 32703 (2000). However, Congress also mandated standardized disclosure requirements and record-keeping procedures formulated to provide consumers with transparent information about a vehicle’s background, to ease investigation and prosecution of violators, and to pre…”

United States v. Joyce Elaine Polasek, 162 F.3d 878 (5th Cir. 1998). “§ 371 , 49 U.S.C. § 32703 , 18 U.S.C. § 1341 , and 18 U.”

United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014). “§ 70506 (conspiracy to manufacture, distribute, or possess a controlled substance on a vessel); 49 U.S.C. § 32703 (4) (conspiracy to commit certain acts relating to odometers); id.”

In Re Nissan North Am., Inc. Odometer Lit., 664 F. Supp. 2d 873 (M.D. Tenn. 2009). · cites it 2× “” 49 U.S.C. § 32703 (1). The statute further provides that a person may not “alter, or have .”

Womack v. Nissan North Am., Inc., 550 F. Supp. 2d 630 (E.D. Tex. 2007). · cites it 2× “Title 49 U.S.C. § 32703 (“§ 32703”) provides: A person may not— (1) 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…”

Vaughn v. Am. Honda Motor Co., 627 F. Supp. 2d 738 (E.D. Tex. 2007). “” 49 U.S.C. § 32703 (1). Likewise, the applicable regulations require disclosure when the odometer reading differs from the actual mileage and the difference is greater than that *750 caused by calibration error.”

Simpson v. Anthony Auto Sales, Inc., 32 F. Supp. 2d 405 (W.D. La. 1998). “§ 1984 and 1990c, reworded and recodi-fied at 49 U.S.C. § 32703 (2) and 32709(b), effective July 5, 1994); and mail fraud ( 18 U.”

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