Senate Bill No. 113
(By Senators Miller, Love, Grubb, Oliverio, Schoonover,
Sharpe, Deem, Dugan, Whitlow, Ross, Yoder, Kimble, Manchin,
Bowman, Helmick, Anderson, Blatnik, Wiedebusch, Plymale,
Dittmar and Macnaughtan)
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[Introduced January 23, 1996;
referred to the Committee on Transportation.]
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A BILL to amend and reenact section twelve-a, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
disclosure of odometer information on certificate of title;
exceptions; penalties; and making West Virginia law conform
to federal requirements.
Be it enacted by the Legislature of West Virginia:
That section twelve-a, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-12a. Disclosure of odometer information on certificate
of title; exception; penalty.
(a) On and after the first day of July, one thousand nine
hundred eighty-three, In accordance with provisions of section four hundred eight-a, of the Motor Vehicle Information and Costs
Savings Act, Public Law 92-513, the owner and the purchaser of a
motor vehicle must complete the odometer disclosure form on the
certificate of title before a new certificate of title may be
issued for a transfer of ownership of a vehicle. The odometer
disclosure form on the certificate of title shall contain the
following information:
(1) The odometer reading at the time of transfer (not to
include tenths of miles);
(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address;
(5) The transferor's printed name and signature
acknowledging the disclosure;
(2) (6) Certification by the owner that to the best of his
or her knowledge the odometer reading reflects:
(A) The actual mileage the vehicle has been driven;
(B) The amount of mileage in excess of the designated
mechanical odometer limit of ninety-nine thousand, nine hundred
ninety-nine miles; or
(C) A difference from the number of miles the vehicle has
actually been driven and that the difference is greater than that
caused by odometer calibration error, and that the odometer
reading is not the actual mileage. This statement shall also
include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual
mileage.
Upon issuance of a new title, the division shall mark the
new title with an appropriate brand which reflects certification
of the prior owner.
(3) Certification by the owner that while the motor vehicle
was in his possession:
(A) Neither he nor any person altered, set back or
disconnected the odometer;
(B) The odometer was altered for repair or replacement
purposes and that the actual mileage registered on the repaired
or replacement odometer was identical to that mileage before such
service; or
(C) That the odometer reading is not the actual mileage and
that the true mileage is unknown to him.
(b) Notwithstanding the provisions of this section, the form
for odometer disclosure on the certificate of title need not be
completed for any of the following motor vehicles:
(1) A vehicle having a gross weight of more than sixteen
thousand pounds;
(2) A vehicle that is not self-propelled;
(3) A vehicle that is twenty-five ten years old or older; or
(4) A vehicle sold directly by the manufacturer to any
agency of the United States in conformity with contracted
specifications; or
(4) (5) A transfer of A new motor vehicle prior to its first
transfer for purposes other than resale.
(c) In addition to the information provided in this section,
the odometer disclosure form shall refer to the Federal Motor
Vehicle Information and Cost Savings Act and this section of the
code, and shall state that incorrect information may result in
civil liability and civil or criminal penalties fines,
imprisonment or both.
(d) Dealers and distributors of motor vehicles who are
required by law to execute an odometer disclosure statement shall
retain for five years a photostat, carbon or other facsimile copy
of each odometer mileage statement at their primary place of
business in an order that is appropriate to business requirements
and that permits systematic retrieval.
(d) (e) A transfer of a motor vehicle which has not been
previously titled in this state or which has a certificate of
title issued prior to the effective date of this section the
first day of January, one thousand nine hundred ninety-one, must
include the execution of the transfer by the owner and the
purchaser on a written statement form prescribed by the
commissioner signed by each of the two parties, which statement
form contains substantially the same information as is required
in this section and with the provisions of the odometer mileage
statement form pursuant to the Motor Vehicle Information and Cost
Savings Act.
(e) (f) The commissioner shall promulgate rules and
regulations for the administration of this section in accordance
with chapter twenty-nine-a of this code.
(f) (g) Any person who violates any of the provisions of
this section with intent to defraud shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than two hundred dollars nor more than one thousand dollars,
or imprisoned in the county jail for not more than six months, or
both fined and imprisoned.
NOTE: The purpose of this bill is to bring West Virginia's
odometer disclosure law in line with federal requirements.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.