392-E - Using False Statements or Altering Mileage Registering Devices.

NY Gen Bus L § 392-E (2019) (N/A)
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(b) A violation of this subdivision shall be subject to a fine not to exceed five hundred dollars for each violation; provided, however, that a knowing or willful violation of this subdivision shall be subject to a fine not to exceed one thousand five hundred dollars for each such violation. No person, firm, partnership, or corporation shall be deemed to have violated this subdivision where the vehicle is sold, offered for sale, or advertised for sale in reliance on the required statement of the prior owner and pursuant to the provisions of subdivisions one, two, three and four of this section.

(c) Unless the misrepresentation was made with an intent to defraud, the provisions of paragraphs (a) and (b) of this subdivision shall not apply to a statement made regarding a vehicle the most current ownership document for which is a salvage certificate or like document issued by a state or jurisdiction or regarding a vehicle sold by a salvage pool registered under section four hundred fifteen-a of the vehicle and traffic law. 3. Nothing herein contained shall prevent the service, repair or replacement of a mileage registering device, provided the mileage indicated thereon remains the same as before the service, repair or replacement; or provided the mileage registering device reads zero and a notice in writing is attached to the left front door frame of the vehicle by the owner or his agent, indicating the mileage prior to replacement and the date on which it was replaced. Any unauthorized removal of such notice so affixed shall constitute a violation of subdivision two of section three hundred ninety-two-e. 4. This section shall not apply to new motor vehicles. A new motor vehicle is one sold or transferred by a manufacturer, distributor or dealer and which has not been placed in consumer use or has not been used as a demonstrator.