Changing Odometer

[minux]

s 8 6
Consumer Law (Miscellaneous Provisions)
s 8
No. 1, 1995
“sold” includes sold by auction.’.
˙
Insertion of new ss 59A and 59B
8. After section 59—
insert—
˙
‘Tampering with odometers
‘59A.(1) A person must not tamper with a motor vehicle’s odometer
with intent to falsely represent that, at a particular time, the vehicle had not
travelled more than a specified distance.
Maximum penalty—100 penalty units.
‘(2) If a court finds a person guilty of an offence against subsection (1),
the court may, on its own initiative or on the application of a person who
has suffered loss, order the person who committed the offence to
compensate for loss resulting from the commission of the offence.
‘(3) In any proceeding, the distance shown at any time on the odometer
tampered with is evidence of a false representation by the person who
tampered with the odometer that the vehicle had not travelled more than the
distance shown on the odometer.
‘(4) Subsection (2) does not limit a court’s powers under the Penalties
and Sentences Act 1992 or any other law.
˙
‘Evidence of tampering by a motor dealer
‘59B.(1) Evidence that a motor vehicle’s odometer was tampered with
when the vehicle was in a dealer’s possession is evidence that the dealer
contravened section 59A(1).1
‘(2) Evidence that a motor vehicle’s odometer reading shortly after a
dealer had possession of the vehicle was less than its reading when the
dealer took possession of the vehicle is evidence the dealer contravened
section 59A(1).
‘(3) In this section—
1 Section 59A (Tampering with odometers).


PS this is under qld law, but basically the same from what i found quickly exists in all states

 

[shaggerz]

what about if you need to buy a new instrument cluster? I gather you have to wind the clock to the correct reading.

How do you do this though? Can you take it apart and re-align the numbers, or do you have to sit there for hours with an electric drill winding it forwards lol.

 

[STEALTHY™]

thats how you get away with it. Its illegal to tamper with a odo, but not to replace it.

obviuosly the car in question though, it may look like its only done 70, but think, the parts have done 180. Meaning, the window rubbers, brakes, even down to little things like interior parts. Don't see the problem in leaving it at 180.

 

[minux]

When changing the cluster in newer model cars the comp reverts k's to whats internal. In older cars, well yeh...

 

[Fekason]

Selling Offence!

I believe that it would be an offence if the car was sold with the odometer under reading - misrepresentation.

I have changed clusters in the past - from standard to sports. They have had different odometer readings.

When I sold the vehicle, I presented a statutory declaration on the kilometres, photos of the old cluster in the car before removel, and the new cluster before installation.

With regards to new cars, the odometer reading is still retained in the cluster, not the BCM. I believe that it can be reset, and I have heard costs around $150 for that task. Of course, a new cluster (less than 100 kilometres) can be set to a higher figure by Tech2, for around $25.

In the end, honesty is the best policy.

 

[Wombat]

I'm afraid I kind of go along with the lines of thought here that "definately without question it's wrong and illegal", and "what's wrong with leaving it at 180 thou?".

I also have an uneasy feeling about why exactly you would want to wind it back in the first place...I mean, it wouldn't be so you can look down yourself as you drive along and smile at only 70 thou on the clock...in your heart of hearts you'll know it's really done 180 thou...therefore there is, and can be, only one logical conclusion we can come to about why someone would want to find a way to wind thier clock back by such a large amount...but I'm not going to cast aspersions on anyones charachter or motives here...but I think we all secretly know....

 

[Pretender]

From my experience I understand it to be a Federal Law not governed by but imposed by the state where the offence took place. In 1988 I traded my VH SS with 98000ks on another car. Two weeks later I saw it advertised in a car yard showing 26000ks. I asked the Dealer what he was trying to pull but he said he was unaware and would report it. I said something like "yeah right that's bullshit". Six weeks later I received a summons to appear as a witness for the Dealer. The wholesaler, who bought the car from the yard I traded it to, had been the one who tampered with it before onselling it to where I saw it advertised. I learnt from my day in court that there were many Perth wholesalers who were bringing cars over from Melbourne and Brisbane (because at that time cars were cheaper there than Perth and rego details were not available between the states) and winding back the odometers.
The Wholesaler who tampered with my car got a criminal record, a $12000 fine, had to pay compensation to the dealer of $6000 and was banned from holding a Dealers license for life. The charge he was convicted of was Fraud and he was told he could have got up to 10 years jail. It was also stated during the preceedings that when an instrument cluster is changed the Ks of the old and the new cluster must be recorded and this info passed on to any subsequent owner.
That's my experience from Perth anyway.

 

[Wombat]

Apparently the "right person" can wind back digital late model Commodore-style odometers easily enough, and it is actually harder to wind back old ones with the little numbered wheels...depending on how dedicated they are, as it involves pulling apart the gauge...you can do it, but hell it's a hard job. in case you are wondering, I had to do it to fix the numbered wheels in our '82 Rodeo's odometer. They were all stuck together and gummed up with some oily crap, and would all rotate together as one...weird... )

In Queensland it is much the same...I can't quote the fines, but they are quite serious. My manager at work had an older model Nissan Patrol, with a big diesel and 320,000 km on the clock. We saw it advertised a while later with "135,000km, no beach work, town car"...which was interesting as when he sold it, it was fitted with fishing rod holders and was used at least monthly to fang up and down remote beaches around the area here camping and fishing...
The owner of the car yard was eventually done for gauge tampering, bodgy roadworthies, bad repairs covering up damage, you name it.

 

[TigerVX]

I had a new odo display put in my vx a couple of months ago. It was getting so bad that I couldn't read the k's most of the time. It was under warranty d when they replaced it he didn't check what the k's were up to so he rang me to check. I told him 109000 (which was correct) but could have eaisly got away with wiping a few k's off but why? I plan to keep this car for quite a while. I persume you are about to sell your 180k car then???

 

[Shounak]

I had a new odo display put in my vx a couple of months ago. It was getting so bad that I couldn't read the k's most of the time. It was under warranty d when they replaced it he didn't check what the k's were up to so he rang me to check. I told him 109000 (which was correct) but could have eaisly got away with wiping a few k's off but why? I plan to keep this car for quite a while. I persume you are about to sell your 180k car then???

I'm not selling it just yet.. At this point it's just curiosity..

Thanks for all the answers guys..