Interpretation ID: aiam3489
Darrell Widder Motors
Inc.
Sheboygan
WS (sic) 53081;
Dear Mr. Widder: The Wisconsin Department of Transportation has informed the Nationa Highway Traffic Safety Administration that at the time of the sale of a 1978 Ford vehicle identification number (VIN) 8E91T133702, Darrell Widder Motors ('the company') issued an odometer disclosure statement to the buyer which included language disclaiming the company's responsibility for the accuracy of the odometer statement.; Section 408(c) of the Motor Vehicle Information and Cost Savings Ac requires each automobile dealer who purchases a vehicle to obtain a complete odometer disclosure statement from the prior owner. 15 U.S.C. 1988(c). When the vehicle is resold, the dealer certifies the mileage by relying on the disclosure statement received from the prior owner. The Act, therefore, imposes an affirmative duty upon a dealer to obtain a complete odometer disclosure statement from the prior owner.; The Odometer Disclosure Requirements require the owner of a vehicle t disclose to subsequent purchasers the odometer mileage and to certify the accuracy of the odometer reading. 49 CFR 580.1. The regulations establish a specific scheme for the certification of the accuracy of the odometer reading. 49 CFR 580.4(c)(1) - (3). Where a transferor has knowledge that the odometer reading is inaccurate, the regulations require the transferor to certify that the mileage is not accurate and should not be relied upon. However, where the dealer has no reason to believe that the odometer reading is inaccurate, the dealer must certify the accuracy of the odometer reading to the subsequent purchaser. By including an absolute disclaimer on the odometer disclosure statement, the seller fails to certify the accuracy of the odometer reading as required by the Act.; Section 412 of the Act provides that any person who violates an provision of this title shall be subject to civil penalties not to exceed $1,000 for each such violation. 15 U.S.C. 1990(b). Thus, a dealer that includes a disclaimer on an odometer disclosure statement may be subject to civil penalties for failing to properly certify the accuracy of the odometer reading.; The company, therefore, should be advised that the Act requires al transferors of motor vehicles to execute and maintain proper odometer disclosure statements. This agency is charged with enforcement of these requirements and may subject the company to civil penalties for future violations.; If you have any questions concerning this matter, please call Shirle Ransom of this office (202-426- 2993).; Sincerely, Frank Berndt, Chief Counsel