Thursday 19 December 2013

Re: [emrat:3392] Safe at Erico's!

I do know that sending units are a known issue. My first Sprint needed a replacement, too. Of course, Trip did it for free.

On Dec 18, 2013 11:24 PM, "Dave Warfield" <warfman2@comcast.net> wrote:
If I'm not mistaken, the speedometer/odometer sending unit  on Dan's Daytona is electronic and not a spinning metal cable. You may not believe me, but a weak battery can cause intermittent outages on this unit. No telling whether it can also affect the fuel-level sending unit. Ask me how I know sometime. I installed a new battery, which fixed a Triumph speedometer/odometer issue for me. No other parts, fiddling, diagnostics, etc. were needed.
 
This was after Erico gave me a laundry-list of stuff (including expensive stuff like the ECU) that needed to be checked, tested, evaluated or replaced to figure out what might be going on. But never any mention of a battery.
 
A battery. Just my 2 cents.


From: "Curtis Graves" <ikonoklass@gmail.com>
To: emrat@googlegroups.com
Sent: Thursday, December 12, 2013 9:56:05 PM
Subject: RE: [emrat:3343] Safe at Erico's!

I think Sean is right, which raises an interesting issue. The PO might have parked it with the odometer working, such that the miles were accurate when Dan rode off with it. But Dan knows to an absolute certainty that the mileage is inaccurate. Better keep an eye on Dan, lest he violate a federal regulation!

On Dec 12, 2013 10:10 PM, "Dan Pilcher" <dpilcher@cochamber.com> wrote:

Thanks, Sean and Curtis.

 

Curtis is right.  I don't buy a Triumph thinking I will sell it at some point.  Perhaps I should start a non-profit organization:  Triumph Rescue.  For that, I would need some like-minded investors.

 

I do think about loaning a few of my bikes to my sons, just so they have an adequate stable of bikes to ride.  Which, of course, results in space in my garage, which cannot remain vacant.

 

Anyway, by tomorrow afternoon, I should have the Erico report on the bike.  I'll just keep my fingers crossed for good luck until then.

 

From: emrat@googlegroups.com [mailto:emrat@googlegroups.com] On Behalf Of Sean Donnelly
Sent: Thursday, December 12, 2013 5:49 PM
To: emrat@googlegroups.com
Cc: emrat@googlegroups.com
Subject: Re: [emrat:3341] Safe at Erico's!

 

My intent wasn't to make Dan nervous. As I mentioned, it was simply a curiosity question based on what I had always been told to look for.

 

As far as odometer laws go however would fall under #3 wouldn't it?  State laws apparently vary, but the Colorado Odometer Statement also mentions compliance with Federal Law.  Maybe I am reading too much into the law however. I never claimed of be a lawyer or even play one on the internet hahaha

 

 

Federal Odometer Laws and Regulations

49 U.S.C. §§ 32701-32711 (Formerly 15 U.S.C. §§ 1981-1991),

49 C.F.R., Sections 580.1-580.6 - Odometer Requirements

Violations -

  • Resetting or altering odometer with intent to change mileage.
  • Making false odometer disclosure statement.
  • Failure to provide buyer complete odometer disclosure statement.
  • In acquiring vehicle for resale, failure to obtain complete odometer disclosure statement from seller.
  • Conspiring to violate any of the Federal odometer statutes.


Civil Recovery -

  • $1,500 or,
  • treble damages, whichever is greater, plus reasonable attorney's fees.

Assessment of Actual Damages - Combination of:

  • Value of vehicle with fraudulent mileage minus value of vehicle with actual mileage.
  • Lessened resale value of vehicle with altered odometer.
  • Increased finance charges on fraudulently inflated value.
  • Increased insurance costs of fraudulently inflated value.
  • Increased taxes on fraudulently inflated value.
  • Cost of unanticipated repairs and maintenance.
  • Times spent resolving problems created by fraud.

 

 

 



Sent from my iPad


On Dec 12, 2013, at 5:32 PM, "Curtis Graves" <ikonoklass@gmail.com> wrote:

I completely agree. My point was that in the unlikely event that Dan sells it in the future, so long as he sells it with a properly functioning odometer, he is unlikely to suffer any legal consequences, despite not knowing the bike's true mileage. I am unaware of any duty to disclose the fact that the odometer was disconnected for an unknown period of time, even though it would be a nice law to have.

On Dec 12, 2013 3:43 PM, "Anthony Sean Donnelly" <seandonnelly1@msn.com> wrote:

To a point I am sure.  But it is technically illegal to operate a vehicle with the odometer disconnected or not functioning and considered "Odometer Fraud" if I am not mistaken. So that should have been taken care of and the odometer certified prior to sale should it not?  I am sure the operative language would fall into the "it was working just fine the last time I checked it" category hahaha.

 

It was a curiosity question, because I had always been told to be very wary and avoid vehicles that were less than ten years old, with an odometer that was not functioning. The reason being that odometers in modern vehicles were pretty much fault free, and that a non-functioning odometer was often a sign that a vehicle had possibly been in an accident or that the odometer had been deliberately tampered with. 

 

I am not sure how accurate that is, but it has always scared me off of a deal, and why I asked :)

 

 

 

 

On Dec 12, 2013, at 2:25 PM, Curtis Graves <ikonoklass@gmail.com> wrote:



"To the best of his knowledge" being the operative language.

 

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