The constitution does not allow reasons of state to influence our judgment. God forbid it should! We must not regard political consequences, however formidable they might be; if rebellion were the certain consequence, we are bound to say, "Justitia fiat, ruat coelum." (Let justice be done though the heavens fall.") -William Murray, 1st Earl of Mansfield: Rex v. Wilkes (publisher of the North Briton)
It remains a mystery to me in this age of federal intervention and regulation prompted by the accompanying legislation just why we cannot find those souls in the Congress who will recognize the plight of those who are saddled with the current odometer law.
Everyone but the Congressmen appears to know about the problem, and heaven knows that if they read their mail, they would also know. Senator Vance Hartke (D., IN) and other Washington legislators heard from Clarence Manley III who is the owner of the Auto Auction at Dothan, AL. Manley, like so many others in our industry, wants the present Odometer Act to be more realistic and workable. He should know; he has been in the automotive arena for 47 years.
His letter referred to the Act which ". . . has failed miserably as a federal statute due to the lack of federal participation in enforcing it." He noted that enforcement today is primarily restricted to those few states that have their own odometer laws. He also points out that the problem lies at the public doorstep (instead of the dealers) as it is the individual who is the flagrant violator in turning back the odometers. Importantly, he states, "There are some car dealers who are not too ethical . . . these types usually fall by the wayside. This odometer law plays right into their hands."
Manley's solution consists of a comprehensive plan for the legislators and reverting the odometer to zero at resale.
There have been some amendments recently passed by the Senate calling for a tougher law, but they fall short of what is needed according to Dr. James B. Gregory, National Highway Safety Administration Chief. He states that the current private civil remedy is not sufficient, urging that both civil and criminal sanctions should be included in the law along with more investigatory and general information-gathering power.
The consumer protection subcommittee of the House Commerce Committee held hearings on the newly proposed House Bill that would provide administrative search warrants to inspect premises, vehicles, or equipment believed to have been the subject of a violation. Gregory feels that the ultimate solution is stronger state anti-tampering laws.
NADA's Governmental Relations Committee chairman, Reed Draper, says that the current odometer law must be toughened since ". . . there are serious loopholes in the law." Draper estimates that 50-percent of the used cars on lots in states that do not have odometer laws are marked "mileage unknown" and "most" of these have had their odometers turned back. He feels that the problem does not lie in the new and used car dealerships but with auto wholesalers and auction houses.
NADA is on record with the following recommendations for strengthening the current law by:
- Giving the U.S. Attorney General statutory authority to enforce civil and criminal penalties for violations;
- Applying penalties across the board to all persons and businesses engaged in the sale, lease, repair, transfer, wholesaling or auction of a motor vehicle; and
- Revising the mileage disclosure form to make it more understandable and more effective in revealing the vehicle's true mileage.
Obviously, something needs to be done and the stronger House Bill is favored by most in the industry. Certainly, the present inequities are real with less than half of the cars sold by dealers containing a meaningful disclosure statement and virtually none of the private sellers complying with the law. Additionally, it is commonly known that there are a few car wholesalers who are cashing in by assuming the risk involved.
It is time to apply enforcement equally to everyone putting each of us on an even base, thus giving the used car buyer a total confidence in the true vehicle mileage on the car.
