Title 40, Chapter 8, Section 5
( 40-8-5)
(a) It shall be unlawful for any person knowingly to tamper with,
adjust, alter, change, set back, disconnect, or fail to connect an
odometer of a motor vehicle, or to cause any of the foregoing to
occur to an odometer of a motor vehicle, so as to reflect a lower
mileage than the motor vehicle has actually been driven, except as
provided in this Code section. (b) It shall be unlawful for any person knowingly to bring into this
state a motor vehicle which reflects a lower mileage than the motor
vehicle actually has been driven due to any illegal acts outlined in
subsection (a) of this Code section. (c) It shall be unlawful for any person knowingly to sell or attempt
to sell a motor vehicle which reflects a lower mileage than the
motor vehicle actually has been driven due to any illegal acts
outlined in subsection (a) of this Code section. (d) Subsections (a), (b), and (c) of this Code section shall not
apply to the disconnection of the odometer used for registering the
mileage or use of new motor vehicles being tested by the
manufacturer prior to delivery to a franchised dealer. (e) It shall be unlawful for any person to advertise for sale, to
sell, to use, to install, or to have installed any device which
causes an odometer to register any mileage other than the actual
mileage driven. For the purposes of this subsection, the actual
mileage driven is that mileage driven by the vehicle as registered
by the odometer within the manufacturer's designed tolerance. (f) It shall be unlawful for any person to conspire with any other
person to violate this Code section. (g)(1) In addition to any other penalty provided by law, any
person who, with intent to defraud, violates this Code section
shall be liable in an amount equal to the sum of: (A) Three times the amount of actual damages sustained or
$1,500.00, whichever is greater; and (B) In the case of any successful action to enforce the
foregoing liability, the costs of the action, together with
reasonable attorney's fees, as determined by the court. (2) Any action to enforce any liability created under this
subsection may be brought in any superior court or state court
having proper jurisdiction, within two years from the date on
which the liability arises. (h)(1) If any person violates any provision of this Code section,
the Attorney General, any district attorney in this state, or any
solicitor-general in this state may bring an action in any
superior court or state court having jurisdiction to restrain such
violation. (2) Any action arising under paragraph (1) of this subsection may
be brought within two years from the date of the violation. (i) Any person violating this Code section shall be guilty of a
misdemeanor. |