42-6-202. Prohibited acts - penalty.
Statute text
(1) It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed any device which causes an odometer to register any mileage other than 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.
(2) It is unlawful for any person or the person's agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.
(3) It is unlawful for any person, with the intent to defraud, to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.
(4) Nothing in this part 2 shall prevent the service, repair, or replacement of an odometer, if the mileage indicated thereon remains the same as before the service, repair, or replacement. When the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero, and a notice in writing shall be attached to the left door frame of the vehicle by the owner or the owner's agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed is unlawful.
(5) It is unlawful for any transferor to fail to comply with 49 U.S.C. sec. 32705 and any rule concerning odometer disclosure requirements or to knowingly give a false statement to a transferee in making any disclosure required by such law.
(6) (a) A person who violates subsection (1), (2), or (5) of this section commits a class 2 misdemeanor.
(b) A person who violates subsection (3) of this section commits a petty offense.
History
Source: L. 94: Entire title amended with relocations, p. 2470, 1, effective January 1, 1995. L. 2005: (5) amended, p. 826, 37, effective August 8. L. 2021: (6) added, (SB 21-271), ch. 462, p. 3321, 759, effective March 1, 2022.
Annotations
Editor's note: This section is similar to former 42-6-206 as it existed prior to 1994.
Annotations
Cross references: For penalties for misdemeanors, see 18-1.3-501; for penalties for petty offenses, see 18-1.3-503.
Annotations
ANNOTATION
Annotations
Annotator's note. Since 42-6-202 is similar to 42-6-206 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included in the annotations to this section.
Modifies common-law requirement. In an action for fraud in a suit alleging misrepresentations in an odometer statement, this part modifies the common-law requirement that the plaintiff, to establish a prima facie action, must prove that his reliance on that statement was reasonable. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 (1975).
Part creates a presumption of reasonable reliance from the mere receipt of the statement and makes material any misrepresentation appearing therein. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 (1975).
The statutory language in this section and 42-6-208 is sufficiently strong to make clear the intent of the general assembly to afford plaintiffs the benefit of the rule as to presumption of reasonable reliance. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 (1975).
Which is rebuttable with burden on defendant. The presumption of reasonable reliance by plaintiff on misrepresentation as to mileage is rebuttable and should be deemed to place the burden of proof on this issue upon the defendant rather than the plaintiffs. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 (1975).