(a)(1)
(A) Disclosure of the cumulative mileage registered on the odometer.
(B) Disclosure that the actual mileage is unknown, if the transferor knows that the odometer reading is different from the number of miles the vehicle has actually traveled.
(2) A person transferring ownership of a motor vehicle may not violate a regulation prescribed under this section or give a false statement to the transferee in making the disclosure required by such a regulation.
(3) A person acquiring a motor vehicle for resale may not accept a written disclosure under this section unless it is complete.
(4)(A) This subsection shall apply to all transfers of motor vehicles (unless otherwise exempted by the Secretary by regulation), except in the case of transfers of new motor vehicles from a vehicle manufacturer jointly to a dealer and a person engaged in the business of renting or leasing vehicles for a period of 30 days or less.
(B) For purposes of subparagraph (A), the term "new motor vehicle" means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles.
(5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.
(b)
(2)(A) Under regulations prescribed by the Secretary, if the title to a motor vehicle issued to a transferor by a State is in the possession of a lienholder when the transferor transfers ownership of the vehicle, the transferor may use a written power of attorney (if allowed by State law) in making the mileage disclosure required under subsection (a) of this section. Regulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney retain a copy and submit the original to the State with a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the copy of the title for an appropriate period or that the State adopt alternative measures consistent with section 32701(b) of this title, after considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person exercising the power of attorney in the space referred to in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appropriate.
(B) Section 32709(a) and (b) applies to a person granting or granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred may not be licensed for use in a State unless the title issued by the State to the transferee—
(i) is produced by means of a secure printing process (or other secure process);
(ii) indicates the mileage disclosure required to be made under subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to verify, or preclude a State from verifying, the mileage information contained in the title.
(c)
(2) Under those regulations, the lessor shall provide written notice to the lessee of—
(A) the lessee's mileage disclosure requirements under paragraph (1) of this subsection; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under paragraph (1) of this subsection for at least 4 years following the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without obtaining possession of the vehicle, the lessor, in making the disclosure required by subsection (a) of this section, may indicate on the title the mileage disclosed by the lessee under paragraph (1) of this subsection unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.
(d)
(e)
(1) the name of the most recent owner of the motor vehicle (except the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under chapter 301 or 331 of this title.
(3) the odometer reading on the date the auction company took possession of the motor vehicle.
(f)
(2) If a State requests, the Secretary shall assist the State in revising its laws to comply with subsection (b) of this section. If a State requires time beyond April 28, 1989, to revise its laws to achieve compliance, the Secretary, on request of the State, may grant additional time that the Secretary considers reasonable by publishing a notice in the Federal Register. The notice shall include the reasons for granting the additional time. In granting additional time, the Secretary shall ensure that the State is making reasonable efforts to achieve compliance.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, §6(34), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–287, §5(62), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–178, title VII, §7105, June 9, 1998, 112 Stat. 467; Pub. L. 112–141, div. C, title I, §31205(b), July 6, 2012, 126 Stat. 761.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32705(a) | 15:1988(a). | Oct. 20, 1972, Pub. L. 92–513, §408(a), 86 Stat. 962. |
| 15:1988(b) (related to false statements). | Oct. 20, 1972, Pub. L. 92–513, §408(b) (related to false statements), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §406, 90 Stat. 983. | |
| 15:1988(c). | Oct. 20, 1972, Pub. L. 92–513, §408(c), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §406, 90 Stat. 984. | |
| 32705(b)(1) | 15:1988(d)(1)(A), (B). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §408(d)(1)(A), (B), (2)–(g); added Oct. 28, 1986, Pub. L. 99–579, §2(a), 100 Stat. 3309. |
| 32705(b)(2) | 15:1988(d)(1)(C). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §408(d)(1)(C); added Oct. 31, 1988, Pub. L. 100–561, §401, 102 Stat. 2817; Nov. 28, 1990, Pub. L. 101–641, §7(a), 104 Stat. 4657. |
| 15:1988 (note). | Nov. 28, 1990, Pub. L. 101–641, §7(b) (last sentence), 104 Stat. 4657. | |
| 32705(b)(3) | 15:1988(d)(2). | |
| 32705(c) | 15:1988(e). | |
| 32705(d) | 15:1988(f). | |
| 32705(e) | 15:1988(g). | |
| 32705(f) | 15:1988 (note). | Oct. 28, 1986, Pub. L. 99–579, §2(c), 100 Stat. 3310. |
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