Odometer Fraud in New York
Laws, penalties, disclosure requirements, and how to protect yourself from rolled-back mileage when buying a used vehicle in New York.
Penalties at a Glance
Applicable Laws
Federal Odometer Act applies. NHTSA enforces federal violations.
New York Vehicle and Traffic Law § 392 — odometer tampering is a misdemeanor. Repeat offenses or amounts over $1,000 may be prosecuted under general fraud statutes.
Odometer Disclosure Requirement
New York requires odometer disclosure on the title for vehicles under 10 years old and under 16,000 lbs GVWR.
- •Vehicles 10+ model years old
- •Vehicles over 16,000 lbs GVWR
Warning Signs of Odometer Fraud
- !Odometer reading inconsistent with wear on pedals, steering wheel, or seat
- !Service stickers showing higher mileage than current reading
- !Loose or misaligned odometer digits
- !Vehicle history report shows mileage rollback or unexplained gap
- !Seller hesitant to provide vehicle history report
- !Recent brake, tire, or belt replacement on a "low mileage" vehicle
New York DMV accepts odometer fraud complaints directly. If you suspect tampering, file a complaint with the DMV and the New York State Attorney General's Consumer Frauds Bureau.
Frequently Asked Questions
What is odometer fraud in New York?
Odometer fraud in New York is the deliberate tampering with, alteration, or misrepresentation of a vehicle's odometer reading to deceive a buyer about the vehicle's true mileage. New York Vehicle and Traffic Law § 392 — odometer tampering is a misdemeanor. Repeat offenses or amounts over $1,000 may be prosecuted under general fraud statutes.
What are the penalties for odometer fraud in New York?
Criminal penalty: Class A misdemeanor: up to 1 year imprisonment. Civil penalty under the federal Odometer Act: $10,000 or 3× actual damages (federal).
Is odometer disclosure required when selling in New York?
New York requires odometer disclosure on the title for vehicles under 10 years old and under 16,000 lbs GVWR.
Which vehicles are exempt from odometer disclosure in New York?
Exempt vehicles in New York typically include: Vehicles 10+ model years old, Vehicles over 16,000 lbs GVWR.
How do I report odometer fraud?
Report odometer fraud to New York DMV, your state Attorney General's Consumer Protection office, and NHTSA (www.nhtsa.gov). Document all evidence including the title, bill of sale, vehicle history report, and photos of the odometer.
Can I sue for odometer fraud?
Yes. Under the federal Odometer Act, a victim can sue for $10,000 or 3× actual damages (federal). You do not need to prove the seller knew — you need to show the odometer was altered or the mileage was misrepresented. Consult a consumer protection attorney.