Interpretation ID: aiam4004
Motorists Insurance Companies
471 East Broad Street
Columbus
OH 43215-3861;
Dear Mr. Black: This is in response to your letter of August 2, 1985, in which yo asked for a determination from the Agency concerning your company's use of Motor Vehicle titles to fulfill Federal odometer disclosure requirements.; You proposed photocopying the title, which has the odometer disclosur on the back, and retaining the copy for a four year period. The applicable Federal regulation, 49 CFR Part 580, provides that State titles or other ownership documents may be used as substitutes for the Federal odometer disclosure statement if they contain essentially the same information required by paragraphs (a),(b),(c) and (e) of section 580.4.; I have reviewed State titles contained within *The Original Peck' Title Book*. This book, published by Stephens - Peck, Inc., is revised periodically and supplemented as changes in State title laws occur. To date, the title documents of the following States may be used in lieu of a separate odometer disclosure form:; >>>Delaware, Maryland, Michigan, Minnesota, Nebraska, North Carolina North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, Wyoming<<<; I must qualify this list, however. With regard to the Michigan an Minnesota titles, it is only the initial assignment which meets all disclosure requirements. Reassignments by a licensed dealer do not, as there is no space for the purchaser's signature. Furthermore, when vehicles are transferred in Delaware, Maryland, Nebraska, North Dakota, Ohio, Pennsylvania, Wyoming or Virginia, the title can be used in lieu of a separate odometer disclosure statement only if the purchaser completes all information concerning the application for title. Unless the application is completed, the title will not include the buyer's signature. The National Highway Traffic Safety Administration considers this signature to be essential, because it is an acknowledgement that the purchaser is aware of the mileage. The signature prevents the purchaser from later alleging that he was not informed of the mileage or that the mileage was different from that appearing on the title.; If you have any additional questions, do not hesitate to contact Judit Kaleta of my staff at (202) 426-1834.; Sincerely, Kathleen DeMeter, Assistant Chief Counsel for General Law