Interpretation ID: aiam4187
Technical Services Bureau
New York Department of Motor Vehicles
The Governor Nelson A. Rockefeller Empire State Plaza
Albany
NY 12228;
Dear Mr. Hacker: This is in response to your letter dated May 15, 1986, to Edward Glanc concerning the conversion of the speedometer/odometer from kilometers to miles per hour.; In 1972, Congress enacted Title IV of the Motor Vehicle Information an Cost Savings Act (the 'Act'), 15 U.S.C. SS 1981-1991, to establish certain safeguards for the protection of motor vehicle purchasers. Pursuant to the Act, the National Highway Traffic Safety Administration promulgated rules for the disclosure of odometer information, 49 C.F.R. Part 580. Neither the Act nor the regulations prohibit the use of an odometer which records in kilometers.; In replacing an odometer that registers kilometers with one tha registers miles, you should be aware of Federal Motor Vehicle Safety Standard (FMVSS) 101, 49 CFR S 571.101, which requires that if the odometer indicates kilometers, then 'KILOMETERS' or 'km' shall appear, otherwise no identification is required. Furthermore, FMVSS 101 requires that if the speedometer is graduated in miles per hour and in kilometers per hour, the identifying words or abbreviations shall be 'MPH and km/h' in any combination of upper and lower case letters.; The Act does prohibit an individual from disconnecting, resetting altering or causing to be disconnected, reset or altered the odometer 'with intent to change the number of miles indicated thereon' 15 U.S.C. S 1984. Moreover, it permits the service, repair and replacement of odometers, provided the mileage remains the same 15 U.S.C. S 1987. The National Highway Traffic Safety Administration interprets mileage to mean actual distance travelled regardless of whether that mileage is calculated in terms of miles or kilometers. While it is clear that this section was intended to accommodate repairs of odometers that are malfunctioning, I have determined that it may also be relied upon to lawfully replace odometers which register kilometers travelled with those that register miles travelled. You may, therefore, convert the odometer reading from kilometers to miles by multiplying the kilometer reading by .62.; Additionally, the Federal regulations provide for the inclusion of tw sets of certifications on the odometer disclosure statements which must be completed at the time the vehicle is transferred. Transferors who convert the odometers from kilometers to miles should check the first box of the first set which reads:; >>>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.<<<; Furthermore, these transferors should check the second box in th second set of certifications which reads:; >>>I hereby certify that the odometer was altered for repair o replacement purposes while in my possession, and that the mileage registered on the repaired or replacement odometer was identical to that before such service.<<<; I hope this opinion is helpful to you in your attempt to assist dealer in complying with the Federal odometer laws. If you have any further questions, do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel