Interpretation ID: nht73-5.37

DATE: 10/31/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Moore; Weaver; Moore & Bradberry

TITLE: FMVSR INTERPRETATION

TEXT: Your letter to Secretary Brinegar of October 8, 1973, has been referred to me for reply.

A copy of Part 580, Odometer Disclosure Requirements, is enclosed. This disclosure regulation became effective March 1, 1973, and we assume that the August 1972 date in your letter actually refers to an August 1973 sale which would be subject to the regulation.

Title 15 U.S.C. @ 1989 provides a remedy for a violation of the Act made with intent to defraud. A discrepancy between the odometer reading and the disclosure statement could be the result of error, or misunderstanding of the requirement, and by itself, would not establish an intent to defraud.

We are unfamiliar with the facts in the case you mentioned, and the above statement should not be construed as an opinion or evaluation of the merits of that case.