Opinion: Should Malaysia Apply Stricter Odometer Tampering Laws?

Odometer tampering is one of the most widespread malpractices here in Malaysia

In the used car market, odometer tampering is one of the most heinous malpractices that seems to be almost a norm here in Malaysia. So much so that there are actual individuals who openly offer paid services to ’adjust’ the odometer of any cars, allowing private owners or car dealers to cheat potential customers regarding the actual car’s mileage.

While it is true that odometer tampering victims can file their case to several official channels like the Consumer Claims Tribunal or directly under the Malaysian Ministry of Domestic Trade and Costs of Living (KPDN), perhaps it is time for both the government and authorities to think of a more serious deterrent towards these cheaters.

Odometer tampering can be done in both digital (left) and analogue (right) meters

For instance, the South Australian government recently introduced a new, harsher law to combat odometer tampering that even includes imprisonment. In fact, recently a car dealer who was reportedly caught wounding back odometers in their cars was fined up to AUS$30,000 (RM89,724), along with a possibility of a two-year prison stint.

Should any other dealers manage to sell more than four vehicles with tampered odometers within a 12-month period, they can face imprisonment and fines of up to AUS$250,000 (RM747,421) for any subsequent offences. Meanwhile, first and/or second offenders will be slapped with a heftier fine, ranging from AU$100,000 to AU$150,000 (RM298,968 - RM448,452).

This newly-amended legislation is aimed directly towards cheating dealers – both licensed and unlicensed – with many of them luring victims via car listings and advertising on numerous social media sites like Facebook Marketplace.

Prior to this amendment, six individuals were convicted in South Australia for the offence of tampering odometers, with four of them actually being dealers who operated without licences. As a result, all six of them were slapped with fines totalling over AUS$35,000 (RM104,639) for their offences.

Currently in Malaysia, there are no specific laws governing offences against odometer tampering, with the two aforementioned methods only concerning civil lawsuits rather than criminal charges. For example, the Consumer Claims Tribunal allows users to file their case, with a maximum total claim amount of RM25,000.

Looking at the legal framework that the South Australian government has prepared and passed against these offenders, perhaps it is finally time for the Malaysian government, as well as other related authorities like the Royal Malaysian Police (PDRM) and Road Transport Department (JPJ) to work together in combating this plague.