Interpretation ID: nht73-5.1

DATE: 08/28/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Florida Department of Agriculture & Consumer Services

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your request of July 18, 1973, that the National Highway Traffic Safety Administration undertake an investigation of possible odometer tampering on a vehicle purchased by Mr. Fulton Y. Roberts of Tallahassee.

There are no criminal penalties for violation of the odometer requirements of the Motor Vehicle Information and Cost Savings Act. Remedies for violation of the odometer requirements are of two types. In the case of repeated violations, the United States Attorney may seek injunctive relief against further violations. In the case of a violation which has already occurred, the remedy is a private civil action by the defrauded party. For this reason, the NHTSA does not normally investigate incidents such as this.

Mr. Roberts should be advised that he may be able to sue for $ 1,500 without proof of damages, or possibly more if he can prove damages.

Mr. Roberts may wish to consult an attorney in this matter. The applicable provisions of the Act are enclosed.