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.
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Tachometer rollover is a fraudulent practice in which the seller artificially lowers the mileage on a car to make it look more preserved so that he can sell it for a higher price. This is because less mileage often means higher buyer confidence, so it is a tempting lure for dishonest sellers. And today, it’s not difficult to do a recall – it can be done in a matter of minutes, either through 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 spun tachometer if he or she ordered the adjustment, the car dealer or other dealer who sells the vehicle and knows about the spun tachometer, the importer of the used vehicle 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 speedometer 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.
Are you planning to take your used car on the motorway right away? Don’t forget to check that it has a valid vignette. Anyone who doesn’t have one and drives without it risks 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 significantly stronger when dealing with the whole situation, whether at the table with the seller or in court.
Mr. Dokoupil purchased a used car from a smaller dealership with a stated mileage of 118,000 miles. Shortly after the purchase, he had the car’s history checked during a routine service and it turned out that the actual mileage was more likely to be around 240,000 km, both in an earlier technical inspection abroad and in subsequent records. The car thus had a significantly lower real value than what it was sold for.
We first reviewed the purchase contract, service documentation, advertisement and communications with the seller with the client and assessed how it could be shown that the buyer had been misled. We then prepared a pre-suit notice of claim in which we asserted liability for the latent defect and proposed specific financial compensation. At the same time, we also set up an option in the case in case it was necessary to withdraw from the contract.
In this case, an out-of-court settlement was reached and the client recovered a substantial part of the purchase price without the need for a lengthy court case. In similar cases, we have seen in practice that the outcome is often determined mainly by the quick securing of evidence and a correctly formulated first legal step.
A seller who did not adjust the speedometer himself and did not know about the curl must prove that he 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 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.
Considering buying a used car? Find out what the vehicle registry records about it – such as 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 serious problem in the used car market. It is not just a technical manipulation of the vehicle, but a legally significant misrepresentation to the buyer that can have criminal and civil consequences. Buyers usually pay not only for the car itself, but also for the expected roadworthiness, durability and lower risk of future repairs. This is why the mileage figure is so crucial.
From a preventive point of view, it pays not to rely solely on the seller’s claims. A reasonable minimum is to check the mileage history against the VIN, check the service documents and have the vehicle inspected by an independent garage. If a discrepancy becomes apparent after the purchase, the key is to quickly secure evidence and choose the correct legal course of action. Depending on the circumstances, a demand for a discount, withdrawal from the contract and criminal charges may be appropriate.
In practice, it is often crucial how well the case is documented from the outset. That is why it makes sense to address suspected rolled-up speedometer as soon as possible and not just leave the matter to the informal promises of the seller. A well-prepared procedure greatly increases the chances that the dispute will be resolved quickly and with the least loss to the buyer.
Yes. Typically, this can be fraud because the buyer is given false information about the condition and value of the vehicle.
Yes, especially if it was a material defect and the difference in mileage had a major impact on the price or decision to buy the car.
It’s important evidence, but it’s best to supplement it with a service report, purchase agreement, advertisement and communication with the seller.
Not only the person who adjusted the speedometer, but also the dealer who knew about the problem or should have discovered it with ordinary care.
Yes, a basic mileage history check by VIN is available through the official tool of the Ministry of Transport.
Even that may not automatically protect him. In a dispute, it is usually important whether he acted honestly and whether he at least did a basic check of the condition of the car.
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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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