Interpretation ID: aiam4223
Mid-South Motors
Inc.
2617 Scottsway
Memphis
TN 38115;
Dear Ms. Hawkins: This is in response to your letter of September 17, 1986, in which yo asked for a determination from the Agency concerning the Tennessee Certificate of Title and the Federal odometer disclosure requirements, 49 C.F.R. Part 580. The Tennessee title cannot be used in lieu of a separate odometer disclosure statement.; The title fails to meet the regulatory requirements because it does no include a space for the buyer's signature. This Agency considers the signature to be essential. It is an acknowledgment that the purchaser is aware of the mileage and 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. Furthermore, the buyer's signature is important to investigative and prosecutorial efforts.; The National Highway Traffic Safety Administration allows the use o the abbreviated disclosure statements such as those which appear on the Tennessee title. Although a shorter disclosure might sacrifice clarity to a degree, the Agency regards this as an acceptable price for gaining the benefits of a combined title and odometer disclosure. When the odometer has been repaired or replaced, the box on the title which should be checked depends on the circumstances surrounding the repair or replacement. If the mileage indicated on the odometer remained the same as before repair or replacement, you should check the box which states:; >>>I hereby certify that to the best of my knowledge the odomete reading as stated above reflects the actual mileage of the vehicle described below.; <<>>I hereby certify that to the best of my knowledge the odomete reading as stated above is not the actual mileage of the vehicle described below, and should not be relied upon.<<<; If you have any questions do not hesitate to call Judith Kaleta a (202) 366-1834.; Sincerely, Erika Z. Jones, Chief Counsel