Drop the odometer a few tens of thousands of miles? For some, it’s an easy way to artificially raise the price of a used car. But for the law, it’s clearly a scam. Tachometer inflation is not only unethical, it’s criminal – and can easily land you in court. In this article, we’ll look at the penalties for tachometer rollovers, what a defrauded buyer can do, how a tachometer check can work, and how to check your miles against your VIN for free before you get suckered.
Tachometer rollover is a fraudulent practice in which the seller artificially lowers the mileage on a car – just to make it look better so he can sell it for more. This is because less mileage often means higher buyer confidence, making it a tempting lure for dishonest sellers. And today, it’s not difficult to turn a car around – it can be done in minutes, either via software or by direct intervention in the control unit. Often this is accompanied by the falsification of service books or invoices, which takes the whole scam to an even higher level of seriousness.
In terms of criminal law, tachometer tapping is a fraud offence under Section 209 of the Criminal Code. The perpetrator deliberately misleads the buyer by pretending that the vehicle is in better condition than it actually is and thereby obtains a benefit. Typically, this is a difference in selling price – a car with 90,000 km is worth different than the same car with 250,000 km.
The Criminal Code distinguishes the amount of damage caused by the fraud. If the damage is not small, the perpetrator faces a fine, probation or even up to five years’ imprisonment. If greater damage has been caused or if the offender has committed the act repeatedly, the penalty may be even more severe.
In addition to fraud, bottling can also be qualified as damage to someone else’s rights (Section 181 of the Criminal Code) or forgery and alteration of a public document if service records or other documents are altered.
Our law firm also specializes in consumer protection and used car fraud. We can help you negotiate a discount, rescind a contract or file a criminal complaint.
The original owner of the vehicle may be liable for a rolled tachometer if he or she ordered the adjustment, the car dealer or other dealer who sells the vehicle and knows about the rolled tachometer, the importer of the used car from abroad, or the mechanic who adjusted the tachometer.
What is legally relevant is whether the person knew or could have known that the speedometer did not show the true condition. If, for example, a car dealer defends itself by claiming that it did not know about the rollover without even carrying out a basic check of the speedometer, such a defence may be very difficult to sustain.
The best defence against fraud is to thoroughly check the car before signing the purchase contract. Today, there are a number of tools you can use to check the odometer and avoid buying a car with a rolled up mileage.
The easiest is the free VIN mileage verification. All you need to do is know the VIN code of the vehicle (usually found on the registration certificate and on the bodywork) and enter it into one of the available online systems. Among the best known are:
This tachometer check will show you the mileage trend at each MOT. If you find that at the last MOT the car had 240,000 km but now has 180,000 km, then clearly something is wrong.
You can also take advantage of a service check. A reputable garage can detect signs of tampering with the control unit or other parts of the system. If a car is sold with “maintained 90,000 miles” but the seats and steering wheel are ruined, something is wrong.
And then you can also look at the service book and invoices. Use them to check the service history – ideally you want the original invoices from the branded garage. Beware of fake service books, which can be bought online. If the record is written with one pen and one handwriting, be wary.
Tip: Are you planning to take your used car on the motorway right away? Don’t forget to check that it has a valid vignette. If you don’t have one and drive without it, you risk a hefty fine. Find out what’s involved in an electronic vignette in our article.
Did you find out after you bought the car that you were sold a car with a fraudulent tachometer? Don’t panic because the law is on your side. This is considered a hidden defect that the seller concealed. Even if the defect was allegedly “unknown” to the defendant. As a buyer, you have several options to defend yourself. And the quicker you act, the better.
Here’s a step-by-step guide:
In any case, keep your evidence – the more the better. You may need a professional opinion or a report from the garage to confirm the curl, a tachometer check from one of the online databases (use those that offer free VIN mileage verification), email communication with the seller, and the purchase contract and other documents for the car.
This evidence will make your position in dealing with the whole situation much stronger, whether at the table with the seller or in court.
A seller who did not adjust the speedometer themselves and did not know about the curl must prove that they acted in good faith. Evidence of purchase of the car in an already rolled condition (e.g. an invoice from the importer) or a note in the sales contract such as “mileage not guaranteed” can help. However, even this may be found insufficient by the court if it was obvious that the statement was misleading.
Tachometer overstatement is not only morally unacceptable but also punishable by criminal law. If you are buying a used vehicle, check the speedometer and verify the miles by the VIN for free before signing any contract. Deal with suspicious cases as soon as possible – ideally with a lawyer on your side. And if you’re the seller, be honest and transparent, or you could find yourself in the crosshairs of the police and the courts.
Tip: Considering buying a used car? Check what the vehicle registry records about it – for example, the number of previous owners, the date of first registration or technical changes. Such information can help you spot discrepancies, including possible speedometer rollovers.
Tachometer rollover is a fraudulent practice whereby a dealer artificially lowers the mileage on a used car in order to increase the price of the car. Legally, it is a fraud offence, punishable by a fine, probation or up to five years in prison, for which both the original owner and the dealer, importer or mechanic may be liable. From asking for a discount to rescinding the contract to filing a criminal complaint, the buyer can defend against fraud. The best defense is prevention: a free VIN check of the odometer, a service inspection or a thorough review of the service records. Honest dealers, on the other hand, should have evidence of the actual condition of the car, otherwise they risk penalties even if they unknowingly sell a car with a curved mileage.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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