HB3071: Odometer readings; exempts certain vehicles therefrom.

HOUSE BILL NO. 3071
Offered January 16, 2007
A BILL to amend and reenact § 46.2-629 of the Code of Virginia, relating to reporting of odometer readings.
Patron-- Oder

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-629 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-629. Odometer reading to be reported on certificate of title, application, or power of attorney.

A. Every owner or transferor of any motor vehicle, including a dealer, shall, at the time of transfer of ownership of any motor vehicle by him, record on the certificate of title, if one is currently issued on the vehicle in the Commonwealth, and on any application for certificate of title the reading on the odometer or similar device plus any known additional distance traveled not shown by the odometer or similar device of the motor vehicle at the time of transfer. If, however, a transferor gives his power of attorney to a dealer or other person for the purpose of assigning the transferor's interest in a motor vehicle, the transferor shall conspicuously record on the power of attorney the reading on the odometer or similar device at the time of the assignment.

B. The Department shall not issue to any transferee any new certificate of title to a motor vehicle unless subsection A of this section has been complied with.

C. It shall be unlawful for any person knowingly to record an incorrect odometer or similar device reading plus any known additional distance not shown by the odometer or similar device on any certificate of title or application for a title, or on any power of attorney as described in subsection A of this section.

D. Notwithstanding other provisions of this section, an owner or transferor, including a dealer, of a motor vehicle any of the following types of motor vehicles need not disclose the vehicle's odometer reading:

1. Vehicles having a gross vehicle weight rating ratings of more than 16,000 pounds, need not disclose the vehicle's odometer reading;

2. Vehicles that are not self-propelled; and

3. Vehicles that were manufactured for a model year at least 10 years earlier than the calendar year in which the sale or transfer occurs, provided that the Department shall brand the titles of all such vehicles to indicate this exemption.

E. Violation of this section shall constitute a Class 1 misdemeanor.

F. The provisions of subsections A and B of this section shall not apply to transfers under § 46.2-633.

G. This section shall not apply to transfers or application for certificates of title of all-terrain vehicles or off-road motorcycles as defined in § 46.2-100.