Interpretation ID: nht73-2.16

DATE: 11/09/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Lane County District Attorney

TITLE: FMVSR INTERPRETATION

TEXT: You have asked what information an automobile dealer must provide in a Federal odometer statement concerning prior vehicle ownership and mileage over 100,000 miles

The Federal regulation only requires information which the transferor knows or has good reason to know about the vehicle's mileage. It does not require that he disclose the name of the former owner. It does not require that he state the recorded mileage, and if he knows or has good reason to know that the recorded mileage is not correct he must make a further statement that the actual mileage is unknown. In your example, therefore, he would only state the five-digit figure appearing on the odometer, and make the further statement if he knew or had been told that the vehicle had traveled more than 100,000 miles. He is not required to check with former owners as to vehicle history, but he would be accountable under local consumer protection laws for any misleading statements he made about the vehicle's history.

Please contact me if I can be of further assistance.

Sincerely,

Enclosure