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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.

Automobile Fraud: § 565.12 Definitions.

(a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3.

(b) Other definitions. As used in this part—

Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan, fastback, hatchback).

Automobile Fraud: Listing of Provisions

TITLE 49—TRANSPORTATION

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Subtitle VI. Motor Vehicle and Driver Programs

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Part C. Information, Standards, and Requirements

The Motor Vehicle Information and Cost Savings Act

Chapter 321. General

§ 32101. Definitions

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Chapter 327. Odometers

Automobile Fraud: § 2723 Penalties

(a) Criminal fine.—A person who knowingly violates this chapter shall be fined under this title.

(b) Violations by State department of motor vehicles.—Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.

Automobile Fraud: A.1.4.10 2012 Amendments

On July 6, 2012, Congress enacted the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141, 126 Stat. 405 (2012). This act requires the Department of Transportation to issue regulations by January 6, 2014 which would allow an electronic disclosure or notice to substitute for any written disclosure or notice required by MVICSA.

Automobile Fraud: § 32706 Inspections, investigations, and records

(a) Authority to inspect and investigate.—Subject to section 32707 of this title, the Secretary of Transportation may conduct an inspection or investigation necessary to carry out this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall cooperate with State and local officials to the greatest extent possible in conducting an inspection or investigation. The Secretary may give the Attorney General information about a violation of this chapter or a regulation prescribed or order issued under this chapter.

Automobile Fraud: § 30503 State participation

(a) State information.—Each State shall make titling information maintained by that State available for use in operating the National Motor Vehicle Title Information System established or designated under section 30502 of this title.

Automobile Fraud: A.1.4.4 1986 Amendments

June 6, 1983. Senator Exon introduces S. 1407, 98th Cong. (1983) requiring titles and registration to be printed on bank note papers and have odometer disclosure. Reprinted in Automobile Odometer Modification: Hearing on S. 1407 Before the Subcomm. on Surface Transp. of the Senate Comm. on Commerce, Science and Transp., 98th Cong. 3–5 (1984).