Interpretation ID: aiam3502
Director
New Mexico Transportation Department
Motor Vehicle Division
Manuel Lujan Senior Building
Santa Fe
NM 87503;
Dear Mr. Manzagol: This is in response to your letter of October 13, 1981, requesting th approval of the New Mexico odometer disclosure form for use in lieu of the Federal odometer disclosure form.; The Odometer Disclosure Requirements (49 CFR Part 580) provide that th transferor of a vehicle may make the disclosure required by the Federal odometer laws on the state certificate of title, if the state title document contains essentially the same information required on the Federal odometer disclosure statement. If the information contained on the state certificate of title varies from that required by the Federal form, the state must obtain the approval of this agency before its certificate of title can be used as a substitute for the Federal form.; In order to spare states the burden of an approval process the agenc has indicated that certain variations from the Federal form are acceptable. In the *Federal Register* notice of August 1, 1977, which amended the disclosure regulations, we gave examples of shortened forms that would be acceptable. A state document can be considered to be approved for use as a full disclosure statement if it varies from the Federal form in only those aspects noted in the August 1, 1977, notice, a copy of which is enclosed.; The agency has reviewed New Mexico's proposed odometer disclosur statement and has determined that it cannot be substituted for the Federal disclosure statement. New Mexico's proposed statement contains four alternate certifications concerning the accuracy of the mileage from which the seller must select the appropriate certification. The third alternate certification requires the seller to certify that the odometer reading is the mileage since the odometer was reset and to disclose the mileage before the odometer was reset. This certification permits conduct that violates the Federal odometer law.; The Motor Vehicle Information and Cost Savings Act ('Act') prohibit resetting the odometer with the intent to change the miles except as provided by the Act, 15 U.S.C. 1984, 1985. The Act permits resetting the odometer during the lawful repair or replacement of the odometer but specifically requires that the odometer reading be reset to either the mileage before repair or replacement or to zero. The third alternate certification suggests that the odometer can be rest to any reading and for other than repair purposes. Since such conduct violate the Act, the certification should be rephrased to permit resetting the odometer reading only in accordance with the repair and replacement provisions of the Act.; In addition, the New Mexico form does not provide for the signature o the transferee as required by the regulations. 49 CFR 580.4(e). The transferee's signature substantiates that the buyer has seen the odometer disclosure statement and is aware of the mileage that the vehicle has been driven and, therefore, must be included on the state odometer disclosure statement.; If the third alternate certification is rephrased to comport with th repair and replacement provisions of the Act and the transferee's signature is added, New Mexico's disclosure statement can be substituted for use in lieu of the Federal form. However, if New Mexico adopts language in its disclosure statement that varies from that contained in the August 1, 1977, *Federal Register* notice, please submit the disclosure statement to the agency for approval.; Sincerely, David W. Allen, Assistant Chief Counsel