Interpretation ID: aiam1814
National Automobile Dealers Assoc.
2000 K Street N.W.
Washington
DC 20006;
Dear Mr. Tighe: This is in response to your letter of December 27, 1975, (sic concerning the use of Form AADA-65 for purposes of disclosing odometer mileage when a vehicle is sold.; The NHTSA disagrees with your apparent contention that the portion o the preamble you cited, authorizing use of disclosure forms other than the one prescribed in Part 580, covers the use of Form AADA-65. That language limits the use of odometer forms which do not simulate the form contained in the regulation to situations where a State requires execution of an odometer statement which 'contains equivalent information' to the Federal one. It is our understanding that the AADA form was adopted by the Arizona Automobile Dealers Association upon recommendation of the National Automobile Dealers Association. We are unaware of any Arizona State law that mandates use of the AADA form as a basis for compliance.; While the NHTSA appreciates the efforts of the NADA to develop a usefu and effective odometer disclosure document, we cannot approve a format that is not substantially the same as the Federal form without following standard rulemaking procedures of notice and comment. We welcome your suggestions as to how you feel the odometer form can be improved, and suggest that you submit them in the form of petitions for rulemaking under the procedures specified in 49 CFR 553.31.; As pointed out in your letter, the NHTSA has determined that th AADa-65 form does not fulfill the requirements of Part 580. We appreciate your cooperation in notifying your membership of this decision. A changeover to use of the Federal odometer form by April 1, 1975, is considered reasonable by the agency. We thank you for your comments and look forward to receiving your ideas on the matters mentioned in your letter.; Yours truly, Richard B. Dyson, Assistant Chief Counsel