Interpretation ID: aiam4078
Member
U.S. House of Representatives
5909 Shelby Oaks Drive
Suite 112
Memphis
TN 38134;
Dear Mr. Sundquist: This is in response to your inquiry on behalf of Josephine Jackson, th president of the Tennessee County Clerk's Association, who is concerned about the burden placed on the clerks by motor vehicle odometer disclosure requirements. Specifically, the Association has approved a resolution requesting the exemption of vehicles more than seven years old from the Federal odometer disclosure requirements. We can understand the concern which led the Association to pass the resolution.; The Federal odometer law (15 U.S.C. SS 1981-1991) requires each perso who transfers ownership of a motor vehicle to disclose the vehicle's mileage. The law does not exempt older vehicles from this requirement.; In support of its resolution, the Association notes that many olde vehicles either have nonworking odometers or have travelled beyond 99,999 miles, making the actual mileage hard to verify. This is correct in our experience, and the Federal law therefore provides that, in cases where he has reason to know that the reading is inaccurate, either through inspection of the vehicle or paperwork, the owner may state that the actual mileage is unknown.; The Association's resolution states further that most purchasers o older vehicles are not concerned with mileage, but with the condition of the vehicle. In developing our regulation on odometers, we had accepted this view for vehicles of extreme age, and had, therefore, exempted vehicles 25 years old or older. However, several Federal District Courts have subsequently questioned our authority to grant exemptions under current law. Although the Department has supported measures in pending legislation to improve odometer enforcement by making odometer fraud a felony, we have taken no position as to whether the exemption of older vehicles by law would be advisable.; I hope that you will find this information helpful in responding to th Association.; Sincerely, Erika Z. Jones, Chief Counsel