Interpretation ID: aiam1695
Solomon
Relihan & Blake
Law Offices
Suite A
1819 West Osborn Road
Phoenix
AZ 85015;
Dear Mr. Relihan: This is in response to your letter of October 7, 1974, requesting ou comments on a memorandum from Mr. Kevin Tighe stating that a disclosure form developed by him had been approved by the Department of Transportation for use in satisfying the requirements of the odometer disclosure regulation (49 CFR Part 580).; No formal approval of the disclosure form contained in the Tigh memorandum was ever given by the Department of Transportation. Mr. Tighe arrived at the format and discussed its contents at one point with this agency, but specific authorization for its use was never given. The disclosure form suggested by Mr. Tighe was not previously considered as constituting a violation of the odometer disclosure regulations. Over the past year it has become apparent that disclosure forms not printed in the manner prescribed in the regulation have been responsible for misleading buyers who are confused by their ambiguous format. These forms have also been abused by certain sellers who rely on their ambiguity in misrepresenting the accuracy of a vehicle's odometer. Due to this situation, the NHTSA has concluded that a stricter interpretation of the odometer regulation is necessary in order to fulfill the Act's intended purpose.; Our recent correspondence with you indicating the noncompliance of th disclosure form you enclosed should not be interpreted as citing a violation of the Act. Our determination of a noncompliance is not retroactive, since we previously gave a broader interpretation to the disclosure form requirements. The format used on the disclosure document submitted by you for our review will in the future be considered as not satisfying the requirements of the disclosure regulation. Past use of these forms, however, is not considered violative of the Act.; Sincerely, James B. Gregory, Administrator