Interpretation ID: aiam3577
2401 W. Southern Avenue
B-294
Tempe
AZ 85282;
Dear Mr. Smith: This is in response to your letter of March 12, 1982. We are sorry fo the delay in our response. In your letter you raised the question of whether devices which tow vehicles without the odometer registering the towed mileage violate the Federal odometer laws.; An odometer is an instrument which measures and records the actua distance a motor vehicle travels while in operation. The odometer is operated from a gear on the vehicle's transmission. Apparently the odometer does not register mileage when a vehicle is being towed with one of the devices described in your letter because these devices disconnect the transmission.; Congress determined that purchasers of motor vehicles rely heavily o the odometer reading as an index of the condition and value of the vehicle and therefore established certain safeguards to ensure that the odometer reading is an accurate reflection of the mileage traveled by the vehicle. Motor Vehicle Information and Cost Savings Act ('Act') (15 U.S.C. 1981 *et seq*.), Odometer Disclosure Requirements (49 CFR Part 580). Specifically, the Act prohibits the disconnection, resetting or alteration of a vehicle odometer with the intent to change the number of miles registered on the odometer. 15 U.S.C. 1984. The Act also prohibits the advertisement, sale, use or installation of any device which causes an odometer to register any mileage other than the true mileage driven. 15 U.S.C. 1983.; While the Act does not define 'mileage traveled by a vehicle,' nothin in the Act or the legislative history suggests that Congress intended these words to have a meaning other than their common sense meaning. The common sense usage of 'mileage traveled by a vehicle' in our opinion includes both the mileage traveled when the vehicle is operated by its own power and, (sic) when it is towed. Towing a vehicle exerts wear and tear on critical components other than the vehicle's engine. Indeed, towing so affects the condition of the vehicle, it would have been illogical for Congress to exclude this mileage from the Federal odometer requirements. Therefore for purposes of the Federal odometer laws a vehicle is traveling when it is towed and devices which cause the odometer not to register such mileage are prohibited by the Act.; Because we do not have sufficient information concerning the device which you described in your letter, and the advertisements do not supply all necessary details, we are unable to conclude at this time whether any violation of law has occurred with respect to these particular devices.; Sincerely, Frank Berndt, Chief Counsel