Interpretation ID: aiam2148
Helm
Shapiro
Ayers & Aldrich
P.C.
111 Washington Avenue
Albany
NY 12210;
Dear Mr. Shapiro: This is in response to your letters of November 11 and December 9 1975, asking two questions relating to the odometer mileage disclosure requirements contained in section 408 of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513).; You explain in your letter that New York law requires, at the time vehicle is sold, the execution of a certification of sale (MV-50) containing the odometer mileage. This certificate must be signed by the vehicle purchaser unless a separate form is completed (MV-50.1) by which the purchaser waives his right to sign the certificate of sale. If the purchaser waives his right to sign the MV-50 form, it is filed with the State Department of Motor Vehicles and need not be shown to him.; You ask whether the execution and filing of both the MV- 50 and MV-50. forms (meaning the MV-50 is not seen by the purchaser) would constitute compliance with the Federal odometer requirements. Section 408 of the Cost Savings Act requires that the transferor of a motor vehicle give the transferee a written statement disclosing the cumulative mileage registered on the odometer. If the transferor knows that the mileage indicated on the odometer is different from the number of miles the vehicle has actually traveled, he must state this fact in writing on the mileage disclosure form. Section 408 directed the Secretary of Transportation to prescribe rules relating to this disclosure process. 49 CFR Part 580, *Odometer Disclosure Requirements*, was promulgated in compliance with this mandate and requires the following information to appear on the disclosure document in addition to that specifically mentioned in section 408: date of transfer, transferor's name, address and signature, make, body type, year, model, vehicle identification number, and last plate number of the vehicle, and a statement certifying that the seller is complying with the Motor Vehicle Information and Cost Savings Act of 1972 and is aware that violation of the Act's provisions may subject him to civil liability. Neither the MV-50 nor the MV-50.1 forms contain this required information. In addition, under the New York scheme you describe, no written mileage information is provided to a purchaser when an MV-50.1 form is completed during a sales transaction. Thus, based on the information you have provided, compliance with the New York law alone would not satisfy the Federal odometer disclosure requirements.; You also ask whether a purchaser can waive his rights to receive a odometer disclosure statement. The duty to provide a mileage disclosure statement to the transferee of a motor vehicle at the time of transfer rests with the transferor. Relief from this Federally imposed duty cannot be provided by the individual to whom the duty is owed.; Sincerely, Frank Berndt, Acting Chief Counsel