Interpretation ID: aiam3991
Director
Bureau of Motor Vehicles
Commonwealth of Pennsylvania
Department of Transportation
Harrisburg
PA 17122;
Dear Mr. Pachuta: Thank you for your letter of July 16, 1985, concerning Federal odomete disclosure requirements. You enclosed sample copies of the revised Pennsylvania Certification of Title (form MV-4 9-84 ) and the Dealer Assignment Covering a Vehicle Acquired and Held for Resale (form MV 9-82 ), to demonstrate that the signature of a purchaser is required in such transactions.; We appreciate Pennsylvania's efforts to assure purchasers' signature on title documents bearing odometer disclosures, as required by the Federal odometer statute (Title IV of the Motor Vehicle Information and Cost Savings Act) and the implementing regulations (49 CFR Part 580). Because the Bureau of Motor Vehicles requires the 'Dealer Assignment' form as an attachment to the Certificate of Title, no additional odometer disclosure statement is necessary if the vehicle is transferred within Pennsylvania.; However, if a vehicle is either retailed or wholesaled to a out-of-state purchaser, a separate odometer statement must still be executed, to assure that the purchaser acknowledges the odometer reading at the time of transfer, as required by 49 CFR S 580.4(e).; For your reference, I have enclosed copies of documents concerning a actual vehicle transfer from Pennsylvania to an out-of-state dealer which did not provide for a purchaser's signature. In that case, the seller (We Try Harder, Inc.) sold the vehicle to a Massachusetts dealer (J&R Whlsle), which in turned assigned the vehicle on a Massachusetts reassignment form. A later odometer reading was disclosed and acknowledged by a subsequent dealer-purchaser in New Jersey, but neither the Pennsylvania title nor the Massachusetts from provided for a signature to demonstrate that the intervening dealer-purchaser was aware of the odometer reading, as required by our regulations.; If it is not practical at this time to revise the Pennsylvania title t include the purchaser's signature prior to assignment or reassignment to an out-of-state party, I urge you to remind such transferors to issue a separate odometer disclosure statement.; Please feel free to contact Ms. Judith Kaleta of this offic (202/426-1834) if you have any questions concerning applicable Federal odometer disclosure requirements.; Sincerely, Jeffrey R. Miller, Chief Counsel