This section forbids odometer tampering and other mileage-fraud conduct, requires certain title and odometer statements, and lets the department adopt rules.
1. For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them: a. “Intent and purpose of this section” is and shall mean to achieve the end that odometers of motor vehicles shall at all times correctly show the true mileage that the motor vehicle has been driven. b. “True mileage” is the actual mileage the motor vehicle has been driven. 2. No person shall knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage driven by the motor vehicle. 3. No person shall conspire with any other person to evade the intent and purpose of this section. 4. No person shall with the intent to defraud operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional. 5. No person shall advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage. 6. In the event any odometer is repaired or replaced, the reading of the repaired or replaced odometer shall be set at the reading of the odometer repaired or replaced immediately prior to repair or replacement, but where the odometer is incapable of registering the same mileage the odometer shall be adjusted to read zero and any adjustment made in accordance with the provisions of this subsection shall not be deemed a violation of any provision of this section. 7. A certificate of title shall not be issued for a motor vehicle which is equipped with an odometer by the manufacturer, unless an odometer statement which is in compliance with federal law and regulations has been made by the transferor of the vehicle and is furnished with the application for certificate of title, or unless an exemption applies under 49 C.F.R. §580.17. The new certificate of title shall record on its face the odometer reading and the word “actual” if the true mileage is known. If the odometer reading is not the true mileage or the true mileage is unknown, the words “not actual” shall be recorded. If the odometer reading is greater than the odometer can mechanically count, the words “exceeds the mechanical limits” shall be recorded. However, a certificate of title may be issued for a motor vehicle to a person who moves into this state if the person acquired ownership of the motor vehicle prior to moving to this state. 8. Any person who knowingly makes or delivers a false odometer statement as required by subsection 7 shall be guilty of a violation of this section. 9. Unless an exemption applies under 49 C.F.R. §580.17 or unless a certificate of title has been issued for the vehicle in the name of the dealer, an Iowa licensed motor vehicle dealer shall not have in possession as inventory for sale a used motor vehicle acquired by the dealer for which the dealer does not possess an odometer statement by the transferor which is in compliance with federal law and regulations. Transfer of a new motor vehicle with an ownership document which is a manufacturer’s statement of origin requires an odometer statement only when transferred at retail. 10. A transferee of a motor vehicle reassigning the certificate of title to such motor vehicle pursuant to the provisions of section 321.48, subsection 1, shall not be guilty of a violation of this section if such transferee has in the transferee’s possession an odometer statement by the transferor which is in compliance with federal law and regulations and if the transferee has no knowledge that the statement is false and that the transferee has no knowledge that the odometer does not reflect the true mileage of such motor vehicle. 11. The department may adopt rules to administer this section, which rules shall be in compliance with the federal Truth in Mileage Act of 1986, Pub. L. No. 99-579, and 49 C.F.R. pt. 580. 12. Any person who violates this section commits a fraudulent practice. [C73, 75, 77, 79, 81, §321.71] 84 Acts, ch 1243, §2, 3; 84 Acts, ch 1305, §58; 90 Acts, ch 1131, §1, 2; 98 Acts, ch 1100, §43; 2020 Acts, ch 1006, §1, 2 Referred to in §307.37, 321.47, 321.50, 321.69, 321.477, 322.4 Fraudulent practices, see §714.8 – 714.14