Interpretation ID: nht75-5.40

DATE: 10/03/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Helen Ginley

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter asking whether the odometer disclosure statement which you enclosed has been properly completed.

49 CFR Part 580, Odometer Disclosure Requirements, which was promulgated by the National Highway Traffic Safety Administration (NHTSA) under the authority of section 408 of the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), prescribes the content and proper procedure for executing mileage disclosure statements at the time vehicles are transferred from one owner to another.

The form of the statement provided to you by Tommy Barrett, Inc. appears in compliance with the provisions of Part 580. The person who completed the statement, however, failed to disclose the vehicle's last plate number. In order to meet the requirements of section 408 of the Cost Savings Act and Part 580, this information must be disclosed in writing to the vehicle purchaser. Although the transferor's address was not correctly filled in, the form has been stamped with what appears to be an appropriate address.

Failure to fulfill the requirements of the Cost Savings Act may subject the violator to civil liability where his actions were intended to defraud the purchaser. The Act makes available to the buyer a remedy in the amount of $ 1,500 or treble damages, whichever is greater.

Since the license number may have been inadvertently omitted, I would suggest that you contact Mr. Barrett and inform him of the deficiency in the statement he provided you. You will probably want him to add the information that is currently missing.

For your information, I have enclosed copies of the relevant portions of the Act and regulation.

SINCERELY,

PREVIOUS OWNER'S -- ODOMETER MILEAGE STATEMENT

(Federal regulations require you to state the odometr mileage upon transfer of ownership. An inaccurate statement may make you liable for damages to your transferee, pursuant to 109 (a) of the Motor Vehicle Information and Cost Savings Act of 1972, Public Law 92-513.) (Odometers may not be disconnected, reset or altered.)

Date: (Illegible Word) 21 1974

I, Tommy (Illegible Words), certify that the odometer mileage indicated on the vehicle described below on Nov 21 1974 was 58922 miles, and I further certify that to the best of my knowledge and belief the odometer was not disconnected, reset or altered.

(Check the following statement, if applicable)

[] I further certify that the actual mileage differs from the odometer reading, for reasons other than odometer calibration error and that the actual mileage is unknown to the undersigned. MAKE BODY YEAR MODEL (Illeg.) TYPE (Illeg.) 1968 (Illeg.) VEHICLE IDENTIFICATION NUMBER LAST PLATE NUMBER H82398H112672 Transferor's address 8706 (Illeg.) Transferor's Signature (Illeg.)

Attached please find copy of my odometer reading which I don't believe is correctly completed - The (Illegible Word) address is my address - not Michael Barrett also last license plate number is omitted. I don't know if this is in violations of the act but would like to find out.

Mrs Helen Ginley 8706 ORCHARD AVE. BROOKLYN, OHIO 44144