60-190. Odometers; unlawful acts; exceptions.

It shall be unlawful for any person to:

(1) Knowingly tamper with, adjust, alter, change, disconnect, or fail to connect an odometer of a motor vehicle, or cause any of the foregoing to occur, to reflect a mileage different than has actually been driven by such motor vehicle except as provided in section 60-191;

(2) With intent to defraud, operate a motor vehicle on any street or highway knowing that the odometer is disconnected or nonfunctional; or

(3) Advertise for sale, sell, use, or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than that actually driven.

Sections 60-190 to 60-196 shall not apply to gross-rated motor vehicles of more than sixteen thousand pounds.

Source:Laws 2005, LB 276, § 90.

Annotations

Because no rational basis exists between the State's objective of preventing odometer fraud and the requirement that motorcycle dealers register vehicles under conditions which do not obligate dealers of other motor vehicles to do so, this section and section 60-133 offend the Equal Protection Clause of U.S. Const. amend. XIV. State v. Garber, 249 Neb. 648, 545 N.W.2d 75 (1996).