DOT 49 CFR PART 580-2010 ODOMETER DISCLOSURE REQUIREMENTS.pdf

1、258 49 CFR Ch. V (10110 Edition) Pt. 580 this section or by manually filling out an interactive form on NHTSAs early warning website. (3) For each report required under paragraphs (a) through (c) of 579.21 through 579.26 of this part and sub-mitted in the manner provided in para-graph (a)(1) of this

2、 section, a manufac-turer must state the make, model and model year of each motor vehicle or item of motor vehicle equipment in terms that are identical to the state-ment of the make, model, model year of each motor vehicle or item of motor vehicle equipment provided in the manufacturers previous re

3、port. (b) Submission of documents. A copy of each document required under para-graph (d) of 579.21 through 579.26 of this part may be submitted in digital form using a graphic compression pro-tocol, approved by NHTSA, to the NHTSA data repository, or as an at-tachment to an e-mail message, as specif

4、ied in paragraph (a)(1) of this sec-tion. Any digital image provided by a manufacturer shall be not less than 200 or more than 300 dpi (dots per inch) res-olution. Such documents may also be submitted in paper form. Each docu-ment shall be identified in accordance with the templates provided at NHTS

5、As early warning Web site, which is identified in paragraph (a)(1) of this section. (c) Designation of manufacturer con-tacts. Not later than 30 days prior to the date of its first quarterly submis-sion, each manufacturer must provide the names, office telephone numbers, postal and street mailing ad

6、dresses, and electronic mail addresses of two employees (one primary and one back- up) whom NHTSA may contact for re-solving issues that may arise con-cerning the submission of information and documents required by this part. (d) Manufacturer reporting identifica-tion and password. Not later than 30

7、 days prior to the date of its first quar-terly submission, each manufacturer must request a manufacturer identi-fication number and a password. (e) Graphic compression protocol. Not later than 30 days prior to the date of its first quarterly submission, each manufacturer which wishes to submit a co

8、py of a document in digital form, as provided in paragraph (b) of this sec-tion, must obtain approval from NHTSA for the use of such protocol. (f) Information and requests sub-mitted under paragraphs (c), (d), and (e) of this section shall be provided in writing to the Director, Office of De-fects I

9、nvestigation, NHTSA, Attention: Early Warning Division (NVS217), 1200 New Jersey Avenue, SE., Washington, DC 20590. 67 FR 45873, July 10, 2002, as amended at 68 FR 35145, June 11, 2003; 72 FR 32017, June 11, 2007; 74 FR 47758, Sept. 17, 2009 PART 580ODOMETER DISCLOSURE REQUIREMENTS Sec. 580.1 Scope.

10、 580.2 Purpose. 580.3 Definitions. 580.4 Security of title documents and power of attorney forms. 580.5 Disclosure of odometer information. 580.6 Reserved 580.7 Disclosure of odometer information for leased motor vehicles. 580.8 Odometer disclosure statement reten-tion. 580.9 Odometer record retenti

11、on for auction companies. 580.10 Application for assistance. 580.11 Petition for approval of alternate dis-closure requirements. 580.12 Petition for extension of time. 580.13 Disclosure of odometer information by power of attorney. 580.14 Power of attorney to review title doc-uments and acknowledge

12、disclosure. 580.15 Certification by person exercising powers of attorney. 580.16 Access of transferee to prior title and power of attorney documents. 580.17 Exemptions. APPENDIX A TO PART 580SECURE PRINTING PROCESSES AND OTHER SECURE PROCESSES APPENDIX B TO PART 580DISCLOSURE FORM FOR TITLE APPENDIX

13、 C TO PART 580SEPARATE DISCLO-SURE FORM APPENDIX D TO PART 580DISCLOSURE FORM FOR LEASED VEHICLE APPENDIX E TO PART 580POWER OF ATTOR-NEY DISCLOSURE FORM AUTHORITY: 49 U.S.C. 32705; delegation of authority at 49 CFR 1.50(f) and 501.8(e)(1). SOURCE: 53 FR 29476, Aug. 5, 1988, unless otherwise noted.

14、VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-259 Natl Highway Traffic Safety Admin., DOT 580.5 580.1 Scope

15、. This part prescribes rules requiring transferors and lessees of motor vehi-cles 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 Infor-mation and Cost Savings Act as ame

16、nded, 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 informa-tion by auction companies as directed by sections 408(g) and 414 of th

17、e Motor Vehicle Information and Cost Savings Act as amended, 15 U.S.C. 1990(d) and 1988(g). 580.2 Purpose. The purpose of this part is to provide purchasers of motor vehicles with odometer information to assist them in determining a vehicles condition and value by making the disclosure of a ve-hicle

18、s mileage a condition of title and by requiring lessees to disclose to their lessors the vehicles 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 Vehicl

19、e Infor-mation and Cost Savings Act and any subsequent prosecutorial, adjudicative or other action. 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 follo

20、ws: 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 tra

21、veled. 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 pro

22、cess which deters and detects counterfeiting and/or unau-thorized reproduction and allows alter-ations to be visible to the naked eye. Transferee means any person to whom ownership of a motor vehicle is trans-ferred, by purchase, gift, or any means other than by the creation of a secu-rity interest,

23、 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 ve-hicle by sale, gift, or any means other than by the creation of a security in-terest, and any person who, as agent, signs an odometer disclo

24、sure statement for the transferor. 53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35887, Aug. 30, 1989; 56 FR 47686, Sept. 20, 1991 580.4 Security of title documents and power of attorney forms. Each title shall be set forth by means of a secure printing process or other se-cure process. In addition

25、, power of at-torney forms issued pursuant to 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 580.5 Disclosure of odometer infor-mation. (a) Each title, at the time it is issued t

26、o 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 trans-fer. (b) Any documents which are us

27、ed to reassign a title shall contain a space for the information required to be dis-closed under paragraphs (c), (d), (e) and (f) of this section at the time of trans-fer of ownership. (c) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to

28、the transferee in writing on the title VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-260 49 CFR Ch. V (1011

29、0 Edition) 580.6 or, except as noted below, on the docu-ment being used to reassign the title. In the case of a transferor in whose name the vehicle is titled, the trans-feror shall disclose the mileage on the title, and not on a reassignment docu-ment. This written disclosure must be signed by the

30、transferor, including the printed name. In connection with the transfer of ownership of a motor vehi-cle 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 c

31、ontain the following informa-tion: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferors name and current address; (4) The transferees name and current address; and (5) The identity of the vehicle, in-cluding its make, model,

32、 year, and body type, and its vehicle identifica-tion 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.

33、 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 odom-eter reading reflects the actual mile-age, or; (2) If the transferor knows that t

34、he odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall in-clude a statement to that effect; or (3) If the transferor knows that the odometer reading differs from the mile-age and that the difference is greater than that caused by odometer cal

35、ibra-tion error, he shall include a statement that the odometer reading does not re-flect 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) T

36、he transferee shall sign the dis-closure 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 writ-ten disclosure shall be executed as a separate document. (h) No person shall

37、 sign an odometer disclosure statement as both the trans-feror and transferee in the same trans-action, unless permitted by 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 580.6 Reserved 580.7 Disclosure of odometer infor-mation for

38、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 re-quired to provide a written disclosure to the lessor regarding the mileage. This notice shall contain a reference to the fede

39、ral 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. (b) In connection with the transfer of ownership of the leased motor vehicle, the lessee shall furnish to the lessor a written

40、statement regarding the mile-age of the vehicle. This statement must be signed by the lessee and, in ad-dition to the information required by paragraph (a) of this section, shall con-tain the following information: (1) The printed name of the person making the disclosure; (2) The current odometer re

41、ading (not to include tenths of miles); (3) The date of the statement; (4) The lessees name and current ad-dress; (5) The lessors name and current ad-dress; (6) The identity of the vehicle, in-cluding its make, model, year, and body type, and its vehicle identifica-tion number; (7) The date that the

42、 lessor notified the lessee of disclosure requirements; VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-261 N

43、atl Highway Traffic Safety Admin., DOT 580.10 (8) The date that the completed dis-closure 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

44、 of his knowledge the odometer reading reflects the actual mileage; or (2) If the lessee knows that the odom-eter reading reflects the amount of mileage in excess of the designed me-chanical odometer limit, he shall in-clude a statement to that effect; or (3) If the lessee knows that the odom-eter r

45、eading 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 possessi

46、on of it, the lessor may indicate on the title the mileage disclosed by the lessee under paragraph (b) and (c) of this sec-tion, unless the lessor has reason to be-lieve that the disclosure by the lessee does not reflect the actual mileage of the vehicle. 580.8 Odometer disclosure statement retentio

47、n. (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 state-ment which they issue and receive. They shall retain all odometer disclo-

48、sure statements at their primary place of business in an order that is appro-priate to business requirements and that permits systematic retrieval. (b) Lessors shall retain, for five years following the date they transfer owner-ship of the leased vehicle, each odom-eter disclosure statement which th

49、ey 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 system-atic retrieval. (c) Dealers and distributors of motor vehicles who are granted a power of at-torney by their transferor pursuant to 580.13, or by their transferee pursuant to 580.14, shall retain for five years a photostat, carbon, or other facs