Reference
Odometer fraud
Rolling back an odometer makes a car look younger than it is, and a lower number on the dash can add real money to the price. Here is how it is done, what gives it away, what federal law requires, and what a VIN can and can't tell you about mileage.
The short answer
Odometer fraud means disconnecting, resetting or altering an odometer so it shows fewer miles than the vehicle has really traveled. It is a federal offense. NHTSA estimates that more than 450,000 vehicles are sold each year with false odometer readings, and in a 2018 consumer advisory the agency said odometer fraud costs American consumers more than $1 billion a year.
No single check proves a reading is true. You catch rollback by comparing the dash against everything else that recorded the mileage: the title, service records and the car's own wear. The VIN ties those records to one vehicle but holds no mileage itself. RunThatVIN decodes specifications and lists recalls by year, make and model; it does not show odometer readings or title history.
How odometer fraud works
Federal law describes the methods in what it bans. Under 49 U.S.C. 32703 it is illegal to:
- sell, use or install a device that makes an odometer register a mileage different from the miles actually driven;
- disconnect, reset or alter an odometer, or have it done, intending to change the mileage it registers;
- drive on a public road with the odometer disconnected or not working, with intent to defraud.
So rollback is not only winding a number back. The odometer can be stopped for a while, or made to under-read. NHTSA warns that digital odometers that have been tampered with are even harder to detect than traditional mechanical ones, and says a vehicle's condition and a detailed history report are the best clues a buyer has.
NHTSA's 2002 preliminary report on the problem estimated a 3.47 percent chance of fraud during a vehicle's first 11 years, and an average cost of $2,336 per case in the higher price paid. It sampled 1989 to 2001 model year vehicles, so treat it as a guide to scale, not a current rate.
How to spot it on a used car
These checks follow NHTSA's own tips for used car buyers. Do all of them; any one alone can be explained away.
- Compare the title with the dash. Ask to see the title and compare the mileage on it with the odometer. NHTSA says to examine the title closely if the mileage notation seems obscured or is hard to read. Check that the VIN on the title matches the VIN on the car itself; where to find the VIN lists the places to look.
- Read the paperwork. Compare the odometer with the mileage on maintenance and inspection records. Look for oil change and service stickers on windows or door frames, in the glove box and under the hood. A sticker or invoice showing more miles than the dash does now is a serious warning sign.
- Look at a mechanical odometer's digits. NHTSA says to check that the numbers on the gauge line up. If they are crooked, have gaps, or jiggle when you bang on the dash, it says to walk away.
- Check the tires. NHTSA says that if the odometer shows 20,000 miles or less, the car should still have its original tires.
- Check the wear. NHTSA singles out the gas, brake and clutch pedals. Their wear should fit the number of miles shown.
- Get a history report from the VIN. NHTSA recommends a vehicle history report to check for odometer discrepancies in the vehicle's past. An NMVTIS report, covered in our guide to title brands and NMVTIS, includes the odometer reading reported with the title.
- Have it inspected. The FTC advises paying an independent mechanic to inspect a used car, and notes that a history report is not a substitute for that inspection.
For the rest of the pre-purchase routine, see what to verify by VIN before you buy.
What federal law says
The federal odometer law is 49 U.S.C. chapter 327, and NHTSA's disclosure rules are in 49 CFR Part 580.
Disclosure when ownership changes
Under 49 U.S.C. 32705, a person transferring ownership of a vehicle must give the buyer a written disclosure of the mileage on the odometer, or a statement that the actual mileage is unknown if the seller knows the reading is wrong. Giving a false statement in that disclosure is a violation. A dealer buying a car for resale may not accept a disclosure that is incomplete.
Part 580 sets out what the disclosure contains. It goes on the title, or in some cases a reassignment document, and records the odometer reading (without tenths), the date of transfer, the seller's and buyer's names and addresses, and the vehicle's make, model, year, body type and VIN. The seller certifies one of three things:
- to the best of their knowledge the reading reflects the actual mileage;
- the mileage exceeds the odometer's mechanical limits; or
- the reading does not reflect the actual mileage and should not be relied on, with a warning that there is a discrepancy.
The buyer signs the statement too, and dealers must keep copies of odometer statements for five years.
Which vehicles are exempt
Under 49 CFR 580.17, the disclosure is not required for:
- a vehicle with a gross vehicle weight rating over 16,000 pounds;
- a vehicle that is not self-propelled;
- a model year 2010 or older vehicle transferred at least 10 years after January 1 of its model year, which in practice now covers every model year 2010 and older vehicle;
- a model year 2011 or newer vehicle transferred at least 20 years after January 1 of its model year. The rule's own example: for transfers in 2031, model year 2011 and older vehicles are exempt.
On an exempt car, lean harder on service records and physical wear.
Repairs and replacement odometers
Odometers do get repaired, and 49 U.S.C. 32704 allows it. If the mileage cannot stay the same after the work, the odometer must be set to zero and the owner must attach a written notice to the left door frame stating the mileage before the work and the date it was done. Removing or altering that notice with intent to defraud is itself prohibited. A low reading with a notice on the door frame is not fraud, but the true mileage is the reading plus the figure on the notice.
Penalties and your right to sue
Knowing and willful violations can be punished by a fine, up to 3 years in prison, or both, under 49 U.S.C. 32709. NHTSA's Office of Odometer Fraud Investigation runs investigations for criminal prosecution by the Department of Justice, and NHTSA says those investigations have led to more than 250 criminal convictions in more than 30 states.
A buyer can also sue. Under 49 U.S.C. 32710, a person who violates the odometer law with intent to defraud is liable for three times the actual damages or $10,000, whichever is greater, and the court must award costs and a reasonable attorney's fee when judgment is entered for the buyer. The action must be brought within 2 years after the claim accrues.
What a VIN can and can't tell you about mileage
A VIN is assigned when the vehicle is built. Under 49 CFR 565.15 its 17 characters identify the manufacturer, describe vehicle attributes, carry a check digit, and give the model year, the plant and a production sequence number. Nothing in it changes afterwards, so it cannot record miles. When you decode a VIN here, you get what the manufacturer built, not what happened to the car since.
What the VIN does is act as the key to the records that do hold mileage:
- Title records. Each sale's odometer disclosure is tied to the VIN on the title. NMVTIS reports cover five indicators: current title and last title date, brand history, odometer reading, total loss history and salvage history. NMVTIS says checking the odometer reading helps consumers spot discrepancies in a vehicle's history.
- Service records. Invoices and inspection reports usually list the VIN and the mileage at each visit.
Know the limits. NMVTIS says its data comes from multiple independent sources that do not follow a uniform approach, that it does not hold everything a state may keep in its title records, and that a search can give a false negative. A clean report is not proof the mileage is right. It also only helps if the VIN is genuine: a cloned VIN borrows another car's clean records, as our guide to VIN cloning and fraud explains.
If you think the mileage is wrong
- Keep the evidence: the title, the odometer statement, the bill of sale and any records that show higher mileage.
- Report it: NHTSA says to take an individual case to your state enforcement agency, and to report a large-scale scheme to NHTSA itself.
- Get your money back: NHTSA says it does not have the authority to pursue claims on behalf of consumers, and strongly advises consulting a private attorney about your legal rights. Keep the 2 year deadline for a federal civil action in mind.
Quick answers
Can a VIN check tell me a car's real mileage?
No. A VIN is assigned when the vehicle is built and does not record mileage. Mileage is recorded on the title at each sale and in service records, and an NMVTIS report includes the odometer reading reported with the title.
Is it illegal to roll back an odometer?
Yes. Federal law bars disconnecting, resetting or altering an odometer to change the mileage it shows, and bars selling or installing devices that make it read wrong. Knowing and willful violations can bring a fine, up to 3 years in prison, or both.
Which vehicles are exempt from odometer disclosure?
Vehicles over 16,000 pounds gross vehicle weight rating, vehicles that are not self-propelled, model year 2010 and older vehicles, and model year 2011 and newer vehicles once 20 years have passed from January 1 of their model year.
Does RunThatVIN show mileage or odometer history?
No. RunThatVIN decodes manufacturer specifications and lists recalls by year, make and model. It has no title, mileage or ownership records. For title and odometer records, get an NMVTIS report.
Sources
- NHTSA, Odometer Fraud
- NHTSA, Consumer Advisory: Tips from NHTSA to Protect Against Odometer Fraud (April 2018)
- NHTSA, Preliminary Report: The Incidence Rate of Odometer Fraud (DOT HS 809 441, April 2002)
- 49 U.S.C. 32703, Preventing tampering
- 49 U.S.C. 32704, Service, repair, and replacement
- 49 U.S.C. 32705, Disclosure requirements on transfer of motor vehicles
- 49 U.S.C. 32709, Penalties and enforcement
- 49 U.S.C. 32710, Civil actions by private persons
- 49 CFR Part 580, Odometer disclosure requirements (eCFR), including 580.5 and 580.17
- 49 CFR 565.15, Content requirements for the VIN (eCFR)
- NMVTIS, Understanding an NMVTIS Vehicle History Report
- NMVTIS, Consumers
- FTC, Buying a Used Car From a Dealer