38Odometer tampering

38 Odometer tampering S. 38(1) amended by No. 74/1996 s. 25(1)(a)(b). (1) A person must not— (a) tamper with any instrument or device in a motor car for the recording of distance travelled by a motor car; or (b) install in substitution for an instrument or device in a motor car for recording the distance travelled by the motor car another instrument or device for recording the distance travelled by the motor car. 1. In the case of a natural person—240 penalty units or imprisonment for 2 years or both. In the case of a body corporate—1000 penalty units. S. 38(2) amended by No. 74/1996 s. 25(1)(a). (2) If it is proved that any instrument or device in a motor car for recording the distance travelled by the motor car has been tampered with or substituted whilst the motor car has been on the premises of a motor car trader or in the possession, custody or control of a motor car trader, the tampering or substitution shall be deemed to have been done by or on behalf of the motor car trader. S. 38(3) amended by No. 74/1996 s. 25(1)(c). (3) It is a defence to a prosecution under subsection (1) for the person charged to prove that the tampering or substitution was not done with intent to deceive by or on behalf of the person charged. S. 38(4) inserted by No. 74/1996 s. 25(2). (4) A person must not, in the course of selling or exchanging a motor car, falsely represent the accuracy of an odometer reading of the car. 1. In the case of a natural person, 100 penalty units. In the case of a body corporate, 500 penalty units.