Interpretation ID: aiam3773
Director
Motor Vehicle Division
Transportation Department
Manuel Lujan Senior Building
Santa Fe
New Mexico 87503;
Dear Mr. Basham: On April 9, 1982, the National Highway Traffic Safety Administratio (NHTSA) approved New Mexico's odometer disclosure statement for use in lieu of a separate Federal form.; Pursuant to a recent inquiry, I have found that New Mexico is no longe using this approved form. New Mexico's current Certificate of Title does not satisfy the requirements of 49 CFR Part 580 and, therefore, the Federal odometer disclosure statement must be used.; If New Mexico wants to use its Certificate of Title in lieu of separate Federal form, it must include a statement which refers to State or Federal law, and must include a space for the purchaser's signature. NHTSA considers this signature to be essential because it is an acknowledgment that the purchaser was aware of the mileage. The purchaser, when he signs the document, is prevented from later alleging that he was not informed of the mileage or that the mileage was different from that appearing on the title. Additionally, Part 580.4(c) requires that three statements be included on the odometer disclosure statement. New Mexico's title certificate fails to include the first of these three. While it does provide a space for the odometer mileage, it fails to include a statement, as required by this section, stating that the transferor 'certif ies that to the best of his knowledge the odometer reading reflects the actual miles or kilometers the vehicle has been driven.'; It was suggested that New Mexico's Application for Vehicle Title an Registration may be used in lieu of a Federal odometer disclosure statement. This form, however, does not include all required information. The odometer disclosure statement must include the information specified in 49 CFR S 580.4(a)-(e). Alternatively, in accordance with 49 CFR S580.4(f), a 'State certificate of title or such other ownership document' may be used as a substitute and need only include information required by (a), (b), (c) and (e). An application for vehicle title and registration does not constitute an ownership document, and the application fails to include all information specified in Part 580.4(a)-(e).; Sincerely, Frank Berndt, Chief Counsel