Interpretation ID: aiam3141

Mr. Lawrence D. Smith, Hein, Smith & Berezin, 25 East Salem Street, Hackensack, NJ 07601; Mr. Lawrence D. Smith
Hein
Smith & Berezin
25 East Salem Street
Hackensack
NJ 07601;

Dear Mr. Smith: This is in response to your letter of October 1, 1979, asking whethe the Federal Government has any rule, regulations or statutes that obligate an insurance carrier to maintain a log of odometer readings with respect to vehicles declared a total loss. If a vehicle is repairable and will subsequently be used as a motor vehicle, disclosure of the actual miles would have to be made to the purchaser and those statements would have to be maintained by the insurance carrier for four years. However, if the vehicle is so badly damaged that it cannot be returned to the road, it will have ceased to be a motor vehicle for purposes of the regulations. Disclosure and retention would, therefore, not be required. In those instances where disclosure and retention are required, the format is specified in 49 CFR Part 580. For your information, I have enclosed copies of the relevant portions of the regulations, along with a sample disclosure form.; Sincerely, John Womack, Assistant