Interpretation ID: aiam3951
Jr.
Auction Insurance
Inc.
2130 Highland Ave.
P.O. Box 55399
Birmingham
AL 35255-5399;
Dear Mr. Adams: This is in response to your letter of May 16, 1985, regarding th National Highway Traffic Safety Administration's (NHTSA's) opinion regarding the manner in which an odometer disclosure statement should be completed.; You indicate that, as an insurer of auctions, you expect that you ma purchase and re-market certain automobiles which have inaccurate or rolled back odometer readings. The Odometer Disclosure regulations, 49 CFR Part 580, provide for the inclusion of two sets of certifications on Odometer Disclosure Statements. Of the first set, you indicate that you will check the third statement, indicating that the odometer reading does not reflect the actual mileage of the vehicle.; You correctly point out, however, that none of the three statements i the second set provides for this situation. In your letter, you request an exception which would permit you to check the first statement, and cross out the last line which reads, 'and I have no knowledge of anyone else doing so'.; NHTSA grants you this exception, provided this last line, thoug crossed out, can still be read. We believe it is essential that a consumer understand that which the transferor is *not* certifying as well as that which he is. Alternatively, NHTSA would have no object if you wrote in and checked a fourth statement which would read:; >>> I hereby certify that the odometer of said vehicle was no altered, set back, or disconnected while in my possession.<<<; If written in, this statement must be included on the odomete statement itself. To avoid the possibility of its being separated from the statement, it may not be attached on a separate piece of paper.; If you have any further questions, please do not hesitate to let u know.; Sincerely, Kathleen DeMeter, Assistant Chief Counsel for General Law