Interpretation ID: nht74-5.19

DATE: 02/22/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Office of the Attorney General; State of Kansas

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of January 30, 1974, concerning the application of the Federal odometer law to certain automobile operated by the Kansas State Department of Education. The cars in question are equipped with special odometers whose use normally requires the disconnection of the original equipment odometers.

The question posed by the Department of Education is whether this practice violates the Federal law and whether the Department must keep the special odometer in the car when selling it. Our reply is that the Department is not violating the Federal law, and that while it must make certain disclosures when it sells the cars, it need not leave the special odometers installed.

Sections 404 and 405 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1981) make it unlawful for a person to disconnect an odometer with the intent to change the number of miles it indicates (section 404) and for a person with the intent to defraud to operate a vehicle with an inoperative odometer (section 405).

With respect to section 404, it does not appear that the Department will be changing the indicated mileage. With respect to section 405, it is apparent that the Department has no fraudulent intent in operating the vehicles with the standard odometers disconnected. We therefore find that the Department's practice does not violate the odometer law and may be continued.

We suggest that in executing the disclosure statement required by Section 408 of the Act, the Department should indicate that the indicated mileage is in error. Although section 408 does not

require disclosure of the true mileage, we regard full disclosure to be in the public interest and therefore recommend that the Department also include the true mileage on the disclosure statement. By doing this, it will avoid any appearance of deceptive intent.

YOURS TRULY,

STATE OF KANSAS

Office of the Attorney General

January 30, 1974

Hon. Claude S. Brinegar Secretary of Transportation

Re: Our File No. AC=63-82-3 Kansas State Department of Education Building 120 East Tenth Street Topeka, Kansas 66612 office has been requested to issue an opinion regarding the Kansas State and Federal odometer laws as applied to forty three automobiles assigned to the Kansas State Department of Education. It appears that these automobiles perform a certain function which necessitates removal of the original odometer and substitution of another for precision measurement of mileage.

While we feel most capable of rendering an opinion regarding the Kansas law on the matter, I am requesting your assistance for an opinion based upon the recently enacted federal legislation regarding odometers in motor vehicles. I am enclosing a copy of Dr. Whittier's letter for your reference.

Let me thank you in advance for whatever assistance you can render.

Very truly yours,(Illegible Word) MILLER Attorney General

BY: JOSEPH P. O'SULLIVAN Assistant Attorney General Consumer Protection Division