Interpretation ID: aiam2941
Illinois Department of Administrative Services
716 Stratton Office Building
Springfield
IL 62706;
Dear Mr. Bagby: This is in response to your letter of November 28, 1978, requesting ou interpretation of the Federal odometer law. Your questions and answers are as follows:; 1. Is the State of Illinois required to furnish odometer disclosur statements to purchasers of used vehicles which are sold by the State at public auction? Yes. For purposes of the Federal odometer law, it is irrelevant where or how vehicles are sold. The State is the transferor of the vehicles and as such is required under 49 CFR Part 580 to provide every transferee with an odometer disclosure statement.; 2. If the Federal government donates to the State surplus vehicles, i the Federal government required to provide odometer information to the State? Is the State required to furnish odometer information to other governmental units and not-for-profit institutions to whom it sells these vehicles? The answer to both questions is yes. The Federal government has incorporated the odometer disclosure statement onto Standard Form 97, which is the form which officially transfers a vehicle and evidences its release from the custody of the Federal government. In some instances a separate form is used and is attached to Standard Form 97.; Part 580.3 of Title 49 defines 'transferor' as 'any person wh transfers his ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest.' Therefore, it is irrelevant that the vehicles were donated by the Federal government rather than sold. The State as the new owner must, likewise, provide the purchaser with a disclosure statement.; If you have any further questions, please do not hesitate to write. Sincerely, Joseph J. Levin, Jr., Chief Counsel