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Automobile Fraud: § 580.11 Petition for approval of alternate disclosure requirements.

(a) A state may petition NHTSA for approval of disclosure requirements which differ from the disclosure requirements of § 580.5, § 580.6, § 580.7, or § 580.13(f) of this part.

(b) Each petition filed under this section shall—

(1) Be written in the English language;

(2) Be submitted to the Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, W41–326, Washington, DC 20590;

Automobile Fraud: § 580.13 Disclosure of odometer information by power of attorney.

(a) If otherwise permitted by the law of the jurisdiction, the transferor may grant a power of attorney to their transferee for the purpose of mileage disclosure under one of the following conditions:

(1) The transferor’s physical title is held by a lienholder; or

(2) The transferor’s physical title is lost; or

(3) The transferor’s electronic title is held or controlled by a lienholder; or

Automobile Fraud: § 580.14 Power of attorney to review title documents and acknowledge disclosure.

(a) In circumstances where part A of a physical power of attorney form has been used pursuant to § 580.13 of this part, and if otherwise permitted by the law of the jurisdiction, a transferee may grant power of attorney to their transferor to review the physical or electronic title and any physical reassignment documents, if applicable, for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the physical or electronic title.

Automobile Fraud: § 580.15 Certification by person exercising powers of attorney.

(a) A person who exercises a power of attorney under both §§ 580.13 and 580.14 must complete a certification that they disclosed the mileage on the physical or electronic title as it was provided to them on the physical or electronic power of attorney form, and that upon examination of the physical or electronic title and any applicable physical reassignment documents, the mileage disclosure made on the physical or electronic title pursuant to the physical or electronic power of attorney is greater than that previously stated on the physical or electronic title and app

Automobile Fraud: § 580.16 Availability of prior title and power of attorney documents to transferee.

(a) In circumstances in which a power of attorney has been used pursuant to § 580.13, if a subsequent transferee elects to return to their transferor to sign the disclosure on the physical or electronic title and does not give their transferor a power of attorney pursuant to § 580.14, the transferor shall, upon the subsequent transferee’s request, show that transferee a copy of the physical or electronic power of attorney that he they received from their transferor.

Automobile Fraud: § 580.17 Exemptions.

Notwithstanding the requirements of §§ 580.5 and 580.7:

(a) A transferor or a lessee of any of the following motor vehicles need not disclose the vehicle’s odometer mileage:

(1) A vehicle having a Gross Vehicle Weight Rating, as defined in § 571.3 of this title, of more than 16,000 pounds;

(2) A vehicle that is not self-propelled;

Automobile Fraud: 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.

Automobile Fraud: 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.

Automobile Fraud: 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.

Automobile Fraud: Appendix E to Part 580 Power of Attorney Disclosure Form

WARNING: This form may be used only when title is physically held by lienholder or has been lost. This form must be submitted to the state by the person exercising powers of attorney. Failure to do so may result in fines and/or imprisonment.

VEHICLE DESCRIPTION

Year ________________________ Make __________________________

Model ______________________ Body Type ______________________

Vehicle Identification Number __________________________________

Part A. Power of Attorney to Disclose Mileage

Automobile Fraud: B.1.2.2 Supplementary Information to 1988 Final Rule, 53 Fed. Reg. 29,464 (Aug. 5, 1988) (amending 49 C.F.R. Part 580)

SUPPLEMENTARY INFORMATION

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Definitions

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To clarify that the liability for issuing a false odometer disclosure statement could be placed on a person acting as an agent for the owner of a vehicle, we proposed to amend the definition of the term “transferor” to include the transferor’s agent. Similarly, we proposed to expand the definition of transferee to include the transferee’s agent.

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Automobile Fraud: B.1.2.3 Final Regulatory Evaluation for Truth in Mileage Act (Nat’l Highway Traffic Safety Admin. (Aug. 1988))

[Editor’s Note: Appendix B.1.2.3 reprints portions of the NHTSA’s Final Regulatory Evaluation for Truth in Mileage Act (Aug. 1988). The Summary section (p. S-1) and chapter VI Potential Benefits (pp. 63-81) follow. A copy of the complete text of the regulatory evaluation (in docket 87-09) can be obtained by writing to the NHTSA Docket Section, Room 5109, 400 Seventh Street S.W., Washington, DC 20590, or by calling the Docket Section at (202) 366-4949. Page numbers from the original document are indicated in brackets.]

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Automobile Fraud: B.1.3 Administrative History

December 2, 1972. Rules proposed. 37 Fed. Reg. 25,727 (Dec. 2, 1972).

January 31, 1973. Rules adopted. Comment discusses “intent to defraud.” 38 Fed. Reg. 2978 (Jan. 31, 1973).

February 9, 1977. New disclosure rules proposed providing, among other things, disclosure that odometer has exceeded its limits and requiring certification that odometer reading is correct. 42 Fed. Reg. 9045 (Feb. 9, 1977).

Automobile Fraud: Listing of Provisions

TITLE 49. TRANSPORTATION

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CHAPTER V. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

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PART 565. VEHICLE IDENTIFICATION NUMBER (VIN) REQUIREMENTS

Subpart A—General Applicability of Subparts

Sec.

565.1 Purpose and scope.

565.2 Application.

Subpart B—VIN Requirements

Sec.

Automobile Fraud: § 565.1 Purpose and scope.

This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns.

Automobile Fraud: § 565.2 Application.

(a)(1) Except as provided in paragraph (a)(2) of this section, Subpart B of this part 565 applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after October 27, 2008 whose VINs have a letter “A” or “B” in the 10th position, and to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after April 30, 2009.

Automobile Fraud: § 565.10 Purpose and scope.

This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns.