Interpretation ID: aiam3433
Calesco
Inc.
5620 Glenridge Drive
N.E.
P.O. Box 5041
Atlanta
GA 30302;
Dear Ms. Avery: This is in response to your letter of November 11, 1980, concerning th application of the Federal odometer disclosure requirements. We regret our delay in responding. The answers to your specific questions are as follows:; 1. Are we required to give the purchaser an odometer statement in th states (such as Massachusetts, Pennsylvania, and Ohio) where the mileage at the time of the vehicle transfer is recorded on the Certificate of Title?; The odometer Disclosure Requirements (49 CFR Part 580) provide that th transferor of a vehicle may substitute the state certificate of title for the Federal odometer disclosure statement, if the state title contains essentially the same information found in the Federal statement. Where the state certificate of title can be substituted for the Federal form, there is no requirement that a separate Federal odometer disclosure statement be issued to the purchaser. However, if the information contained in the state certificate of title varies from that required in 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 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.; 2. If we sell a vehicle in Canada or Puerto Rico, is this la applicable?; For purposes of the Motor Vehicle Information and Cost Savings Act, a amended, 15 U.S.C. 1901 *et seq.*, Puerto Rico is a state. Therefore, the Federal odometer disclosure requirements are applicable to the sale of a vehicle in Puerto Rico. However, the agnecy has no jurisdiction over the sale of a vehicle in Canada.; 3. On the odometer statements, is the signature of the purchase required?; The Odometer Disclosure Requirements (49 CFR Part 580.4(e)) provid that the transferee (buyer) shall acknowledge receipt of the disclosure statement by signing it.; 4. If the vehicle is sold as salvage, are we required to give th purchaser an odometer statement?; The Federal odometer disclosure laws are not applicable to vehicle that are sold for salvage. The agency has determined that for purposes of the Federal odometer laws a vehicle is salvage if it is so badly damaged that it cannot be returned to the road. However, if the vehicle is repairable and will subsequently be used as a motor vehicle, disclosure has to be made.; Sincerely, David W. Allen, Assistant Chief Counsel