N.Y. GBS Law § 392-E — New York Code / Act GBS / Article 26 / Section 392-E
Using false statements or altering mileage registering devices
Status: in_force

§ 392-e. Using false statements or altering mileage registering\ndevices. 1. Upon the transfer of ownership of a motor vehicle, the\nseller shall enter on any instrument executed by him, including any form\nprescribed by the commissioner of motor vehicles, and on any other bill\nof sale, certificate, or evidence of title or condition given by him at\nthe time of transfer or sale, the mileage said motor vehicle purports to\nhave been operated as the same appears upon the odometer in such motor\nvehicle. In the event that such odometer mileage is known to the seller\nto be less than such motor vehicle has actually travelled, the seller\nshall enter upon any said transfer instrument or statement "True mileage\nunknown." In the event that it is known to the seller that the mileage\nindicated on such odometer is beyond its designed mechanical limits, he\nshall state the total cumulative mileage on the aforesaid prescribed\ntransfer instruments. Any person, firm, partnership, or corporation who\ngives a false statement to a transferee under the provisions of this\nsection, shall be guilty of a misdemeanor, provided, however, that no\nperson, firm, partnership, or corporation shall be convicted under the\nsection where a vehicle has been resold in reliance on the required\nstatement of the prior owner and pursuant to the provisions of\nsubdivision one, two, three and four of section three hundred\nninety-two-e.\n  2. A person, firm, partnership, or corporation who shall misrepresent\nthe mileage of a motor vehicle to a transferee by the execution and\ndelivery of the written statement required in the preceding paragraph\nhereof and which in fact is false, or who shall misrepresent such\nmileage to a transferee by disconnection, changing, or causing to be\ndisconnected or changed any mileage registering device on a motor\nvehicle so as to thereby indicate a lesser mileage than such motor\nvehicle has actually travelled, shall be guilty of a misdemeanor.\n  2-a. (a) No person, firm, partnership, or corporation shall, prior to\nthe transfer of ownership of a motor vehicle, misrepresent by any\nstatement, express or implied and which in fact is false, the mileage\nsaid motor vehicle purports to have been operated as the same appears on\nthe odometer in such motor vehicle. Nothing contained herein shall be\ndeemed to supercede the provisions of any other subdivision of this\nsection.\n  (b) A violation of this subdivision shall be subject to a fine not to\nexceed five hundred dollars for each violation; provided, however, that\na knowing or willful violation of this subdivision shall be subject to a\nfine not to exceed one thousand five hundred dollars for each such\nviolation. No person, firm, partnership, or corporation shall be deemed\nto have violated this subdivision where the vehicle is sold, offered for\nsale, or advertised for sale in reliance on the required statement of\nthe prior owner and pursuant to the provisions of subdivisions one, two,\nthree and four of this section.\n  (c) Unless the misrepresentation was made with an intent to defraud,\nthe provisions of paragraphs (a) and (b) of this subdivision shall not\napply to a statement made regarding a vehicle the most current ownership\ndocument for which is a salvage certificate or like document issued by a\nstate or jurisdiction or regarding a vehicle sold by a salvage pool\nregistered under section four hundred fifteen-a of the vehicle and\ntraffic law.\n  3. Nothing herein contained shall prevent the service, repair or\nreplacement of a mileage registering device, provided the mileage\nindicated thereon remains the same as before the service, repair or\nreplacement; or provided the mileage registering device reads zero and a\nnotice in writing is attached to the left front door frame of the\nvehicle by the owner or his agent, indicating the mileage prior to\nreplacement and the date on which it was replaced. Any unauthorized\nremoval of such notice so affixed shall constitute a violation of\nsubdivision two of section three hundred ninety-two-e.\n  4. This section shall not apply to new motor vehicles. A new motor\nvehicle is one sold or transferred by a manufacturer, distributor or\ndealer and which has not been placed in consumer use or has not been\nused as a demonstrator.\n