Important sentence concerning the car inspection: the technical inspector is not responsible for the low kilometers of the checked vehicle, even if he knew it
When you do the overhaul of a car with i lowered kilometersthe technical inspector in charge of the control cannot be considered responsible or accomplice manipulation of the odometer, even if it is aware of it. This is the gist of an important sentence by an Italian court that acquitted an inspector accused of criminal association for the purpose of fraud, for having overhauled a car with altered mileage.
REVIEW OF CARS AND LOWERED KILOMETERS: THE CASE IN QUESTION
The fact happened in 2019 as part of an investigation to ascertain any scams in the sale of used cars, providing at the time serious judicial consequences for the inspector involved, first subjected to house arrest and then to the obligation of signature and residence. Convinced of his own good faithwhile admitting that he was aware that the overhauled vehicle had lowered kilometers, the man defended himself in court also using the support of Federispettore, the union of inspectors of vehicle control centers, obtaining full satisfaction. To the point that the acquittal was requested directly by the prosecution.
CAR REVIEW: AN INSPECTOR HAS NO LIABILITY IF CERTIFIES A VEHICLE WITH LOW KM
But why was there the acquittal about this car inspector despite knowing about the vehicle’s bogus mileage? The answer is in the sentence, of which we report an extract:
“The conduct required of the certifier by ministerial decree 214/2017 of the MIT (which regulates the periodic technical checks of vehicles and trailers in implementation of Directive 2014/45 / EU, ed)it is not certifying the real mileage from the vehicle being inspected, but only reporting on the certificate ‘the odometer reading at the time of inspection‘ (see Annex 2 of the Ministerial Decree, ed). It does not seem that there can be any doubts on this point“, Specifies the sentence,”due to the wording of the decree which does not provide for any technical assessment to verify the correspondence to reality odometer reading. […]
The certifier, during the audit, must therefore, in order to comply with his mandate, just certify the odometer readingfrom which they derive, as corollaries, that it has no technical discretion in evaluating the mileage of the vehicle and that cannot refuse the revision even suspecting (or even knowing) that the kilometers indicated by the odometer may be different from the real ones“.
“Neither the certificate thus drawn up“, Concludes the sentence,”even in the presence of an artificial reduction in the mileage of the vehicle, can be found to be falseas the effectiveness of the mileage does not constitute a typical content of the act, which is aimed at tracing a historical sequence, instrumental to the unveiling of any scams, not to ascertain the actual mileage of the vehicle“.
REVIEW OF CARS AND LOWERED KILOMETERS: WHAT TO DO TO PREVENT RISKS
This is what the sentence reports. Obviously for do not take risks of any kindeliminating any possible danger of involvement, even incorrect, in any legal matter that can sometimes go well but that sometimes can also go wrong (without counting the costs), is the same person involved, now finally cleared of all charges, to recommend report any suspicious vehicles to the DMV, of refuse to revise them even if the law would allow it, and if faced with a full-blown scam, di report the owner of the vehicle to the police.
Recall that through the Portal of the Motorist you can know the date oflatest vehicle inspection and the revision history. There are also tools to check the real mileage of a used car.