Interpretation ID: nht74-3.12

DATE: 09/27/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: The Fairmount Press

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of August 19, 1974, inquiring as to the compliance of your MVF odometer disclosure form with the Federal odometer requirements.

The MVF form enclosed in your letter fails to comply with our regulation in several respects. The statement referring to the mileage indicated on the odometer at the time of the vehicle's transfer must be phrased to indicate that the disclosure document was executed at the moment of the vehicle's transfer, not at some later time. In addition, the statement must be written in such a manner that it is clear it is to be completed by the transferor alone. To satisfy these criteria the statement should read

"I, , state that the odometer mileage indicated on the vehicle described above, at the time of transfer to , is as follows:"

Instructions are necessary on your form to ensure that the section specified for the disclosure of mileage is completed in a consistent manner by all persons. This can be accomplished by inserting the following statement above the lines provided for stating the vehicle's mileage:

"(Complete line 1; and where applicable, complete line 2 and check line 3.)"

We urge you to reprint your disclosure forms to reflect the changes suggested above as they are not currently in compliance with Federal odometer requirements.

Your Interest is appreciated.

Yours Truly,

THE FAIRMOUNT PRESS

August 19, 1974

Richard B. Dyson

Ass't. Chief Counsel

NHTSA

Enclosed please find previously approved copies of our MVF form. They were approved on June 11, 1973.

We have been informed by one of our customers that there have been changes made. The customer was unaware of what changes had been made, but was advised by another New Car Dealer that indeed changes had been made.

We would appreciate your rechecking the forms enclosed and ascertaining if they are still in compliance with current regulations.

A prompt reply would be appreciated in that we are preparing for a new run of the MVF forms, and if there are any changes, we wish to include same.

Thank you for your cooperation and help in this matter.

Norman E. Salzman

General Manager

ODOMETER MILEAGE STATEMENT

Required Under Section 408, P.L. 92-573 USA Also Pursuant to Sect. 392-E, General Business Law, State of New York

Date of this Statement

Year Make Model

Body Type Color/s

Vehicle Ident. No.

No. Cylinders Last Plate No.

State Year

The mileage appearing on the odometer of the motor vehicle described above at time of transfer to:

was as follows:

1. miles

2. Total Cumulative Miles (If over 100,000)

3. [] The actual mileage differs from the odometer reading for reasons other than odometer calibration, error and that the actual or true mileage is unknown.

Seller's Name

Seller's Address

Seller's Signature

(Federal regulations require you to state the odometer mileage upon transfer of ownership. An inaccurate statement may make you, liable for damages to your transferee, pursuant to Section 409(a) of the Motor Vehicle Information and Cost Savings Act of 1972, Public Law 92-513.)

I/We (Transferee) hereby certify that I/We have received a copy of the above odometer mileage statement.