Interpretation ID: aiam3291
Legal Staff
General Motors Corp.
14-242 GM Building
Detroit
MI 48202;
Dear Mr. Brusstar: This is in response to your telephone call of May 23, 1980, to Kath DeMeter of my staff concerning odometer information on state certificates of title.; The following states have odometer statements on their motor vehicl titles that are consistatnt (sic) with the requirements of the federal law:; >>>Maryland, Ohio, Massachusetts, Pennsylvania, Michigan, Hawaii Minnesota, New York, North Dakota<<<; In addition, the following states submitted titles to the agency askin for approval but had inacceptable statements. Each was informed that if they supplied certain additional information their titles would be in conformance. We do not know whether that information was included on the titles:; >>>North Carolina, Virginia, Delaware, Washington, South Dakota, Utah Wisconsin<<<; 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 regulation, we gave examples of shortened forms that would be acceptable. A state title 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 notice, a copy of which is enclosed.; You also asked what the agency policy is with respect to enforcemen actions against transferors of vehicles who complete an odometer statement appearing on a state title that does not satisfy the federal requirements. You specifically requested an interpretation that we would refuse prosecution. Unfortunately we cannot grant the desired interpretation. It is our enforcement policy in those states where the title contains an odometer disclosure statement which complied with the origianl Federal regulation, to decline any enforcement action against an *individual owner* in the course of a *private sale* for executing the form on the state title in lieu of the current federal form.; Sincerely, John Womack, Assistant Chief Counsel