Interpretation ID: nht78-3.40

DATE: 08/30/78

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Utah State Tax Commission

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of August 10, 1978, requesting approval to use Utah's proposed Certificate of Title as a substitute for the Federal odometer disclosure form required by 49 CFR Part 580.

The proposed Certificate of Title which you enclosed with your letter differs from the Federal odometer disclosure form in the following ways:

(1) The Utah Certificate of Title contains no reference to State or Federal law;

(2) the set of certifications relating to the distance the vehicle has travelled are shortened by adopting the format recommended by the American Association of Motor Vehicle Administrators;

(3) the certifications relating to alteration of the odometer are deleted; and

(4) the transferee is not required to sign the statement.

The only suggestions that we have are that you include a reference to either State or Federal law and the signature of the transferee (buyer). The purpose of the reference to the law is to alert the purchaser to the fact that the odometer information is a legal requirement, the violation of which is punishable. The purpose of the transferee's signature is to ensure that he or she has seen the disclosure statement and to prevent him or her from later claiming that no statement was received. With these changes Utah's Certificate of Title will be in substantive conformity with the Federal odometer law, despite its differences from the Federal form. Therefore, pursuant to 49 CFR 580.4(f)(2), I hereby grant your request to use Utah's Certificate of Title, with the changes noted above, as a substitute for the Federal form.