Interpretation ID: nht73-5.40

DATE: 11/01/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Joan Norton

TITLE: FMVSR INTERPRETATION

TEXT: I appreciate your taking the time to bring to our attention possible odometer tampering by Southside American, Inc., of Jacksonville, Florida.

The Motor Vehicle Information and Cost Savings Act prohibits odometer tampering and provides a remedy in the form of a civil action to be brought by a defrauded party. If it's possible to find the person who bought the car - a search that will probably require the assistance of the state motor vehicle department - he should be advised of the apparent error in the odometer. If he decides to pursue his remedy under the Act, he may have to rely heavily on your testimony, particularly if the oil sticker has been removed.

Although a private civil action is the principal remedy under the Act, the Federal government has auxiliary authority to enjoin violations of the Act. You can assist us in the exercise of this authority by forwarding the enclosed copy of this letter to your local consumer affairs office. If they encounter additional instances of apparent violation by Southside, or by other dealers, we could consider the possibility of seeking an injunction.

ENC.