Interpretation ID: nht89-2.37

TYPE: INTERPRETATION-NHTSA

DATE: July 20, 1989

FROM: Kathleen DeMeter -- Assistant Chief Counsel for General Law, NHTSA

TO: B.L. Swank -- Swank-Standley Motors, Inc. (Kansas)

TITLE: NONE

ATTACHMT: ATTACHED TO 11/28/95 LETTER FROM Samuel J. Dubbin to Phyllis Armstrong (A43; Part 580); Also attached to 5/17/95 letter from Phyllis Armstrong to Phillip Reckt

TEXT: Dear Mr. Swank:

This is in response to your letter of May 31, 1989, requesting an interpretation of the Federal odometer disclosure requirements. You asked how someone who had disconnected the odometer of his or her vehicle in order to tow the vehicle would complete an odometer disclosure statement upon that vehicle's transfer.

As long as the drive wheels are removed from the pavement, the distance travelled by a vehicle in tow need not be counted, and the transferor of such a vehicle need not certify that the odometer reading does not reflect that vehicle's actual mileage. Ho wever, a vehicle towed with the drive wheels running on the pavement would be considered to have travelled the distance it had been towed. Thus, because of the increased wear to the vehicle in that situation, the transferor of such a vehicle would have to declare that the odometer reading did not reflect the vehicle's actual mileage.

It should, of course, be remembered that anyone who has towed a vehicle must reconnect the vehicle's odometer before next driving the vehicle, the operation of a vehicle whiel its odometer is disconnected is a violation of Federal law.

Thank you for your interest in the Federal odometer disclosure requirements. If you have any further questions, please do not hesitate to contact Mattie Cohan of my staff at (202) 366-1834.

Sincerely