Interpretation ID: nht75-5.36

DATE: 11/05/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Glascock; Ballon; Vorder; Bruegge & Friedman

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of October 14, 1975, to Ms. Karen Kreshover, of this office, asking if there have been any previous interpretations of Section 580.5(b) of 49 CFR Part 580, Odometer Disclosure Requirements, indicating that new car dealers must provide odometer disclosure statements to purchasers of new vehicles. Your question was prompted by a September 17, 1975, letter from this agency to Mr. William C. Koch, advising him that a new vehicle dealer must complete disclosure statements for all vehicles he transfers to persons who are taking possession for purposes other than reselling the vehicles.

Although the National Highway Traffic Safety Administration takes the position that section 580.5(b) clearly expresses the requirement that new vehicle dealers must execute odometer disclosure statements when transferring new vehicles to individuals purchasing them for purposes other than resale, it has on two previous occasions explicitly pointed out this responsibility in correspondence. Copies of these two letters are enclosed for your information.