§ 262:17 — Odometer Tampering; Certification of Mileage

I. A person is guilty of an offense if:
(a) He changes, tampers with or defaces, or attempts to change, tamper with or deface, any gauge, dial, or other mechanical instrument, commonly known as an odometer or an hour meter in a motor vehicle, highway building appliance, snowmobile or boat, which, under normal circumstances and without being changed, tampered with or defaced, is designated to show by numbers or words the distance which the motor vehicle, highway building appliance, snowmobile or boat has traveled or the use sustained with the intention of misrepresenting to a prospective or eventual purchaser the number of miles traveled or the use sustained by said motor vehicle, highway building appliance, snowmobile or boat; or
(b) Being the owner of or agent for the owner of a motor vehicle, highway building appliance, snowmobile or boat, he knowingly fails to certify the actual mileage of such motor vehicle, highway building appliance, snowmobile or boat to the best of his knowledge at the time of sale, trade or other type of transaction resulting in an assignment of title of the motor vehicle, highway building appliance, snowmobile or boat; or
(c) Being the transferee of or agent for the transferee of a motor vehicle, he knowingly accepts an assignment of a certificate of title from the previous owner unless the actual mileage of the motor vehicle at the time of sale, trade, or other type of transfer resulting in an assignment of title to the motor vehicle has been entered on the certificate of title and certified by the previous owner to the best of his knowledge.
II. Evidence that any odometer or hour meter shows less mileage or fewer hours after it has come into the possession of any person than was shown before it came into his possession shall be prima facie evidence of a violation of paragraph I(a) of this section, except for those odometers which have been repaired or replaced as provided in 15 U.S.C., section 1987(a).
III. Certification of actual mileage pursuant to paragraph I(b) of this section shall be:
(a) By an entry on the certificate of title or the application for a title if a certificate of title is required;
(b) By a notarized statement signed by the seller if no certificate of title is required.
IV. A person who commits an offense under this section shall be guilty of a misdemeanor for the first offense and, for a subsequent offense, shall be guilty of a class B felony if a natural person or a felony if any other person.

Legislative History

RSA 260:91, 92. 1971, 533:1. 1973, 528:136. 1977, 184:1. 1981, 146:1; 429:1, 2. 1983, 289:1, eff. Aug. 17, 1983.