Interpretation ID: nht74-2.40

DATE: 08/05/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Frank Schoen

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 19, 1974, inquiring as to what information must be included in a bill of sale upon the transfer of a motorcycle.

The Motor Vehicle Information and Cost Savings Act requires that a written disclosure of a vehicle's recorded mileage be provided by the seller to the purchaser at the time ownership of a vehicle is transferred. If the correct mileage is unknown, the Act requires a statement to that effect to be furnished in written form to the buyer. The disclosure statement need not, however, be included as part of the bill of sale and may be executed to the buyer as a separate document. If Northline Honda failed to comply with this disclosure requirement, a civil remedy in the amount of $ 1,500 or treble damages, whichever is greater, may be available to you under section 409 of the Act, if the violation was committed with the intent to defraud.

Section 403 of the Act makes it unlawful for any person to disconnect, reset, or alter the odometer of a vehicle with the intent to change the number of miles indicated thereon. If Northline Honda violated this section with the intent to defraud, section 409 of the Act would provide you with the same civil remedy as noted above.

One way to determine if such an alteration has occurred is to compare the current mileage with that indicated on the disclosure statement provided to Northline Honda by the motorcycle's prior owner. If Northline has no such document you might attempt to find out who the prior owner was and contact him about the mileage. A mechanic might also check out the motorcycle to see if there is any evidence indicating that the odometer has been tampered with or that the cycle has travelled more miles than the odometer registers.

On the basis of the information you have supplied, I suggest that you contact an attorney about the possibility of bringing an action against Northline Honda. I am enclosing relevant portions of the Act and the odometer disclosure requirements for your use.

If you are in need of any further information, please do not hesitate to let us know.

YOURS TRULY,

June 19, 1974

Dear Sir

I want to see if you can help me no one in Houston, Texas can.

I bought a used bike from Northline Honda which was missented to me and unsafe to ride. I bought it on on May 23, 1974 carried it back May 24, 1974 and told them that it was (Illegible Word) (Illegible Word) and unsafe to ride and wanted them to put the money paid for it on a new bike and that I would pay the difference. Mr. Jim Handcock would not do it, they did a few minor repairs on it and told me to come and get it that afternoon, so I did. I brought it back home rode it around in our yard a little that afternoon and sat on May 26 I carried it to the school yard and a friend was riding it and the handle bar broke into and fliped the bike me got to looking at it and the handle bars were almost into in two places.

I call Northline Honda and told them what happen and they said they couldn't do anything. I wrote to U.S. Department of Transportation in (Illegible Word) Texas, and they sent me a letter saying if I could prove that the odometer reading were incorrect that I could get my money back.

Do you know how I would go about checking on it and who and where do they keep a record of odometer readings.

And do you know anything about Delinquent Transfer penality. They put this one in my name when it should have been in their name.

I am sending you a copy of the bill of sale that they gave me.

So you can see they didn't put the odometer reading or the plate number didn't put the date or sign it.

Mr. Jim Hardcock say's that that is his business and that no one can tell him how to run it.

Is the (Illegible Word) number all that is required on a bill of sale or do you (Illegible Word) to put the motor number on it.

Help me if you can or tell me who I can go to for help.

(Illegible Word) Schoen 8022 Cabat St Houston, Texas 77028