Interpretation ID: aiam3935
Esq.
Assistant Attorney General
Office of the Attorney General
Supreme Court Building
101 North Eighth Street
Richmond
VA 23219;
Dear Mr. Halbleib: In a letter dated May 25, 1983, you asked the National Highway Traffi Safety Administration whether the provisions on the back of Virginia's Certificate of Title (form VSA-3 2/80) are sufficient to satisfy the odometer mileage disclosure requirements of 49 CFR Part 580. You were advised by the Agency on June 20, 1983, that the title may be used in lieu of a separate odometer statement.; It has come to our attention that some dealers have purchased vehicles altered the odometer reading on the title and subsequently reassigned the title, without signing it and without listing their address. While the Virginia title provides a space for the purchaser's address and signature, the information is apparently furnished only when the buyer applies for title. Due to the practice of permitting a dealer to reassign titles without applying for them in his own name, it has become necessary for us to qualify our initial determination.; Unless the first buyer applies for title in Virginia, a separat odometer disclosure statement, signed by the buyer and containing his address must be issued and a photostat or other facsimile retained by the transferor. This information is required by 49 CFR 580.4(a), (e), and must be included upon the certificate of title before that document can be used in lieu of a separate statement. 49 CFR 480.4(f)(1) (sic). The Agency finds the buyer's signature to be of utmost importance. The signature serves as an acknowledgement that the purchaser was aware of the mileage. It prevents the buyer from later alleging that he was not informed of the mileage or that the mileage was different from that appearing on the odometer. Likewise, the address of an intervening dealer-owner is important, should subsequent investigation or enforcement actions become necessary. You may find it feasible to change the format of Virginia's title to include the purchaser's address and signature on the assignment or reassignment space.; If I can be of further assistance, do not hesitate to contact me or Ms Judith Kaleta of my staff at (202) 426-1834.; Sincerely, Jeffrey R. Miller, Chief Counsel