Interpretation ID: nht75-5.32

DATE: 07/11/75

FROM: AUTHOR UNAVAILABLE; James C. Schultz; NHTSA

TO: Pennsylvania Independent Automobile Dealers Association

TITLE: FMVSR INTERPRETATION

TEXT: You letter of April 21, 1975, to the Federal Trade Commission concerning the validity of an enclosed odometer disclosure form has been forwarded to this office for reply.

The odometer mileage disclosure portion of the East End Motors' sales contract does not satisfy the requirements of the odometer disclosure regulation (49 CFR Part 580). In order to fulfill the requirements, the following information must be added: the vehicle identification number, the vehicle's last plate number, the vehicle transferor's address, the date of the disclosure statement, a reference to the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513) and the liability it imposes, and a statement, if applicable, that the vehicle's actual mileage differs from the odometer reading for reasons other than odometer calibration error and the actual mileage is unknown.

Failure to include all of the above information on the odometer disclosure statement executed at the time ownership of a vehicle is transferred constitutes a violation of section 408 of the Cost Savings Act and may make the violator liable in the amount of $ 1,500 or treble damages.

For your information I have enclosed copies of the relevant portions of the Act and the disclosure requirements. You will note that @ 580 of the regulation contains a sample odometer mileage statement. Incorporation of this format into a sales contract would satisfy the Federal requirements.