Interpretation ID: aiam1044
110 Winnsboro Court
Jackson
MS 39206;
Dear Mr. Green: This is in reply to your letter of February 5, 1973, concerning th mileage on the used Volkswagen you recently purchased.; I am enclosing two documents for your reference. The first is a copy o Title IV, Odometer Requirements, of the Motor Vehicle Information and Cost Savings Act, Public Law 92-513. This is the basic Federal law applicable to odometers. Section 409 of the Act describes the principal remedy available to defrauded buyers. The second document is the odometer disclosure regulation issued by this agency pursuant to section 408(a) of the Act.; Of particular relevance to your situation are the dates on which th provisions of Federal law become effective. Public Law 92-513 was signed by the President on October 20, 1972, and became effective 90 days later - on January 18, 1973. On and after that date it became unlawful to reset an odometer with the intent to change the mileage. A person who resets an odometer before that date would not have committed an unlawful act under Federal law. In your case, it must be established that the odometer was reset on or after January 18 in order to hold the seller liable under the Act.; In sales occurring after March 1, 1973, the disclosure requirement apply, and a seller who fails to disclose a reset odometer may be held liable, regardless of when the odometer was reset. However, you purchased your car before the disclosure requirements went into effect. Craigo Volkswagen was therefore not obliged, under Federal law, to make an accurate disclosure to you on January 22, 1973.; We cannot go further than to say that a private civil action might li against Craigo, it if can be shown that Craigo reset the odometer on or after January 18. You may want to consult an attorney as to the possibility of proving these facts.; On our part, the NHTSA is anxious to obtain as much information a possible concerning this and other suspected cases of odometer resetting. The government has injunctive powers under Section 410 of the Act and intends to use them when it appears that a person is making a practice of resetting odometers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel