FEDERAL ODOMETER  REGULATIONS

 49 CFR 580. 814-824  (volume 49 of the Code of Federal Regulations) 

This part prescribes rules requiring transferors and lessees of motor vehicles to make written disclosure to transferees and lessors respectively, concerning the odometer mileage and its accuracy as directed by sections 408 (a) and (e) of the Motor Vehicle Information and Cost Savings Act as amended, 15 U.S.C. 1988 (a) and (e). In addition, this part prescribes the rules requiring the retention of odometer disclosure statements by motor vehicle dealers, distributors and lessors and the retention of certain other information by auction companies as directed by sections 408(g) and 414 of the Motor Vehicle Information and Cost Savings Act as amended, 15 U.S.C. 1990(d) and 1988(g).

Sec. 580.2 Purpose. The purpose of this part is to provide purchasers of motor vehicles with odometer information to assist them in determining a vehicle's condition and value by making the disclosure of a vehicle's mileage a condition of title and by requiring lessees to disclose to their lessors the vehicle's mileage at the time the lessors transfer the vehicle. In addition, the purpose of this part is to preserve records that are needed for the proper investigation of possible violations of the Motor Vehicle Information and Cost Savings Act and any subsequent prosecutorial, adjudicative or other action.

 Sec. 580.3 Definitions. All terms defined in sections 2 and 402 of the Motor Vehicle Information and Cost Savings Act are used in their statutory meaning. Other terms used in this part are defined as follows: Lessee means any person, or the agent for any person, to whom a motor vehicle has been leased for a term of at least 4 months. Lessor means any person, or the agent for any person, who has leased 5 or more motor vehicles in the past 12 months. Mileage means actual distance that a vehicle has traveled. Original power of attorney means, for single copy forms, the document set forth by secure process which is issued by the State, and, for multicopy forms, any and all copies set forth by secure process which are issued by the State. Secure printing process or other secure process means any process which deters and detects counterfeiting and/or unauthorized reproduction and allows alterations to be visible to the naked eye. 

Transferee means any person to whom ownership of a motor vehicle is transferred, by purchase, gift, or any means other than by the creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee.

Transferor means any person who transfers his ownership of a motor vehicle by sale, gift, or any means other than by the creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.  Security of title documents and power of attorney forms. Each title shall be set forth by means of a secure printing process or other secure process. In addition, power of attorney forms issued pursuant to Secs. 580.13 and 580.14 and documents which are used to reassign the title shall be issued by the State and shall be set forth by a secure process. [54 FR 35887, Aug. 30, 1989]

Sec. 580.5 Disclosure of odometer information. (a) Each title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of future transfer. (b) Any documents which are used to reassign a title shall contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of transfer of ownership. (c) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or, except as noted below, on the document being used to reassign the title. In the case of a transferor in whose name the vehicle is titled, the transferor shall disclose the mileage on the title, and not on a reassignment document. This written disclosure must be signed by the transferor, including the printed name. In connection with the transfer of ownership of a motor vehicle in which more than one person is a transferor, only one transferor need sign the written disclosure. 

In addition to the signature and printed name of the transferor, the written disclosure must contain the following information: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferor's name and current address; (4) The transferee's name and current address; and (5) The identity of the vehicle, including its make, model, year, and body type, and its vehicle identification number. (d) In addition to the information provided under paragraph (c) of this section, the statement shall refer to the Federal law and shall state that failure to complete or providing false information may result in fines and/or imprisonment. Reference may also be made to applicable State law. (e) In addition to the information provided under paragraphs (c) and (d) of this section, (1) The transferor shall certify that to the best of his knowledge the odometer reading reflects the actual mileage, or; (2) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or (3) If the transferor knows that the odometer reading differs from the mileage and that the difference is greater than that caused by odometer calibration error, he shall include a statement that the odometer reading does not reflect the actual mileage, and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage. (f) The transferee shall sign the disclosure statement, print his name, and return a copy to his transferor. (g) If the vehicle has not been titled or if the title does not contain a space for the information required, the written disclosure shall be executed as a separate document. (h) No person shall sign an odometer disclosure statement as both the transferor and transferee in the same transaction, unless permitted by Secs. 580.13 or 580.14. [53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35887, Aug. 30, 1989; 56 FR 47686, Sept. 20, 1991] 

 Sec. 580.7 Disclosure of odometer information for leased motor vehicles. (a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regarding the mileage. This notice shall contain a reference to the federal law and shall state that failure to complete or providing false information may result in fines and/or [[Page 817]] imprisonment. Reference may also be made to applicable State law. (b) In connection with the transfer of ownership of the leased motor vehicle, the lessee shall furnish to the lessor a written statement regarding the mileage of the vehicle. This statement must be signed by the lessee and, in addition to the information required by paragraph (a) of this section, shall contain the following information: (1) The printed name of the person making the disclosure; (2) The current odometer reading (not to include tenths of miles); (3) The date of the statement; (4) The lessee's name and current address; (5) The lessor's name and current address; (6) The identity of the vehicle, including its make, model, year, and body type, and its vehicle identification number; (7) The date that the lessor notified the lessee of disclosure requirements; (8) The date that the completed disclosure statement was received by the lessor; and (9) The signature of the lessor. (c) In addition to the information provided under paragraphs (a) and (b) of this section, (1) The lessee shall certify that to the best of his knowledge the odometer reading reflects the actual mileage; or (2) If the lessee knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or (3) If the lessee knows that the odometer reading differs from the mileage and that the difference is greater than that caused by odometer calibration error, he shall include a statement that the odometer reading is not the actual mileage and should not be relied upon. (d) If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the title the mileage disclosed by the lessee under paragraph (b) and (c) of this section, unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle. Sec. 580.8 Odometer disclosure statement retention. (a) Dealers and distributors of motor vehicles who are required by this part to execute an odometer disclosure statement shall retain for five years a photostat, carbon or other facsimile copy of each odometer mileage statement which they issue and receive. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval. (b) Lessors shall retain, for five years following the date they transfer ownership of the leased vehicle, each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval. (c) Dealers and distributors of motor vehicles who are granted a power of attorney by their transferor pursuant to Sec. 580.13, or by their transferee pursuant to Sec. 580.14, shall retain for five years a photostat, carbon, or other facsimile copy of each power of attorney that they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

 Sec. 580.9 Odometer record retention for auction companies. Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for five years following the date of sale of each motor vehicle, the following records: (a) The name of the most recent owner (other than the auction company); (b) The name of the buyer; (c) The vehicle identification number; and (d) The odometer reading on the date which the auction company took possession of the motor vehicle. [[Page 818]] 

 Sec. 580.13 Disclosure of odometer information by power of attorney. (a) If the transferor's title is physically held by a lienholder, or if the transferor to whom the title was issued by the State has lost his title and the transferee obtains a duplicate title on behalf of the transferor, and if otherwise permitted by State law, the transferor may give a power of attorney to his transferee for the purpose of mileage disclosure. The power of attorney shall be on a form issued by the State to the transferee that is set forth by means of a secure printing process or other secure process, and shall contain, in part A, a space for the information required to be disclosed under paragraphs (b), (c), (d), and (e) of this section. If a State permits the use of a power of attorney in the situation described in 

Sec. 580.14(a), the form must also contain, in part B, a space for the information required to be disclosed under Sec. 580.14, and, in part C, a space for the certification required to be made under Sec. 580.15. (b) In connection with the transfer of ownership of a motor vehicle, each transferor to whom a title was issued by the State whose title is physically held by a lienholder or whose title has been lost, and who elects to give his transferee a power of attorney for the purpose of mileage disclosure, must appoint the transferee his attorney-in-fact for the purpose of mileage disclosure and disclose the mileage on the power of attorney form issued by the State. This written disclosure must be signed by the transferor, including the printed name, and contain the following information: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferor's name and current address; (4) The transferee's name and current address; and (5) The identity of the vehicle, including its make, model year, body type and vehicle identification number. (c) In addition to the information provided under paragraph (b) of this section, the power of attorney form shall refer to the Federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the State may result in fines and/or imprisonment. Reference may also be made to applicable State law. (d) In addition to the information provided under paragraphs (b) and (c) of this section: (1) The transferor shall certify that to the best of his knowledge the odometer reading reflects the actual mileage; or (2) If the transferor knows that the odometer reading reflects mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or (3) If the transferor knows that the odometer reading differs from the mileage and the difference is greater than that caused by a calibration error, he shall include a statement that the odometer reading does not reflect the actual mileage and should not be relied upon.  (f) Hologram--a defraction foil substrate, produced from a negative which was made by splitting a laser beam into two separate beams to produce a three dimensional effect. (g) Security Paper--paper containing a security watermark and/or a security thread. 2. Methods to allow alterations to be visible to the naked eye. (a) Erasure Sensitive Background Inks--a process whereby the text is printed in a dark color ink over a fine line erasure-sensitive prismatic ink tint. (b) Security Lamination--retro-reflective security laminate is placed over vital information after it has been entered to allow for detection of attempts to alter this information. (c) Security Paper--paper which has been chemically treated to detect chemical alterations. [[Page 822]] Appendix B to Part 580--Disclosure Form for Title Odometer Disclosure Statement Federal law (and State law, if applicable) requires that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I state that the odometer now reads ______ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein, unless one of the following statements is checked. --(1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. --(2) I hereby certify that the odometer reading is NOT the actual mileage. WARNING--ODOMETER DISCREPANCY. _______________________________________________________________________ (Transferor's Signature) _______________________________________________________________________ (Transferee's Signature) _______________________________________________________________________ (Printed name) _______________________________________________________________________ (Printed name) Date of Statement_______________________________________________________ Transferee's Name_______________________________________________________ Transferee's Address____________________________________________________ (Street) _______________________________________________________________________ (City) (State) (ZIP Code) Appendix C to Part 580--Separate Disclosure Form Odometer Disclosure Statement Federal law (and State law, if applicable) requires that you state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. I, ____________ (transferor's name, Print) state that the odometer now reads ________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described below, unless one of the following statements is checked. --(1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. --(2) I hereby certify that the odometer reading is NOT the actual mileage. WARNING--ODOMETER DISCREPANCY. Make____________________________________________________________________ Model___________________________________________________________________ Body Type_______________________________________________________________ Vehicle Identification Number___________________________________________ Year____________________________________________________________________ _______________________________________________________________________ (Transferor's Signature) _______________________________________________________________________ (Printed name) Transferor's Address____________________________________________________ (Street) _______________________________________________________________________ (City) (State) (ZIP Code) Date of Statement_______________________________________________________ _______________________________________________________________________ (Transferee's Signature) _______________________________________________________________________ (Printed name) Transferee's Name_______________________________________________________ Transferee's Address____________________________________________________ (Street) _______________________________________________________________________ (City) (State) (ZIP Code) Appendix D to Part 580--Disclosure Form for Leased Vehicle Odometer Disclosure Statement (Leased Vehicle) Federal law (and State law, if applicable) requires that the lessee disclose the mileage to the lessor in connection with the transfer of ownership. Failure to complete or making a false statement may result in fines and/or imprisonment. Complete disclosure form below and return to lessor. I,____________ (name of person making disclosure, Print) state that the odometer now reads ________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described below, unless one of the following statements is checked. --(1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits. --(2) I hereby certify that the odometer reading is NOT the actual mileage. 

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