Interpretation ID: nht76-5.41

DATE: 04/02/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Mark Andrews; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of March 19, 1976, requesting our comments on an inquiry from one of your constituents, Mr. Pat Milloy, concerning the proper format for disclosure of odometer mileage information in compliance with the Federal odometer disclosure regulation (49 CFR Part 580).

Mr. Milloy states in his letter that a Colorado dealer, ordering odometer disclosure forms, has indicated that the required Federal format has been changed. The format referred to by the Colorado dealer differs from the Federal form which Mr. Milloy and his client, Globe-Gazette Printing Company, believe to still be in force.

The Federal odometer disclosure regulation has not been amended since its initial enactment. The format requested by the Colorado dealer (form "B" enclosed in Mr. Milloy's letter) fails to comply with the current Federal odometer disclosure requirements 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 time 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:"

The portion of the document provided for disclosure of the odometer mileage and a statement as to its accuracy is also deficient. Instructions are necessary on this part of the form to ensure that it is completed in a consistent manner by all persons. The number of miles indicated on the odometer at the time of the vehicle's transfer need not appear a second time if the form includes the statement recommended above. If the seller wishes, he may indicate on the form that the actual mileage is over 100,000 miles. In addition, the statement concerning the accuracy of the vehicle's reflected mileage must be more complete than the one included in form "B." Completion of the disclosure document in accordance with these directions may be accomplished as follows:

"(Where applicable, complete line 1 and/or check line 2:)

1. total cumulative miles (if over 100,000).

2. [] I further state that the actual mileage differs from the odometer reading for reasons other than odometer calibration error and that the actual mileage is unknown."

The odometer regulation's provisions do not require that the transferee sign the statement nor do they make it necessary to have the document notarized. In addition, the date on which the transferor purchased the vehicle need not be provided.

As long as the requirements of the disclosure regulation are satisfied, there is no limitation on including additional information in the disclosure statement. Thus, modifying the statement "B" format to meet the Federal requirements in the manner described above would be sufficient for compliance by the Colorado dealer. The additional information appearing in form "B" may be retained without affecting compliance.

I hope this letter answers Mr. Milloy's questions concerning the Federal odometer disclosure requirements. If I can be of any further assistance, please do not hesitate to let me know.

SINCERELY,

Congress of the United States House of Representatives

March 19, 1976

Mr. Frank Berndt Acting Chief Counsel National Highway Traffic Safety Administration

Mr. Jacob, of my staff, informs me that he spoke to you about the matter detailed in the attached (Illegible Word), and that you agreed to respond to it.

I appreciate your cooperation in our effort to clarify what Federal Odometer Disclosure Form should be printed.

I look forward to your response.

MARK ANDREWS Congressman for North Dakota