Interpretation ID: nht78-3.48

DATE: 02/03/78

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Rhoda; Stoudt & Bradley

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of December 23, 1977, requesting clarification as to whether the modified Odometer Disclosure Form which you prepared would meet the Federal requirements. Specifically, you are requesting permission to inform the buyer of the vehicle that the mileage is unknown because the vehicle was subject to a commercial lease. It has been the position of the National Highway Traffic Safety Administration that if the seller does not know that the mileage indicated is wrong, he should not state that the mileage is unknown. More than mere lack of knowledge is necessary to check the mileage unknown box. The seller is not, however, precluded from adding a statement that the vehicle was subject to a commercial lease or otherwise outside of his control.

It appears from the form which you submitted that you are modifying the disclosure statement which is no longer to be used. The form was substantially changed, with those amendments to be effective as of January 1, 1978. For your information, I have enclosed a copy of the Federal Register notice of the amendments. Your client must certify to the accuracy of the odometer to the best of his or her knowledge under the amendments, however, as I stated before, he or she is free to add additional statements explaining the vehicle's history.