Petition for Approval of Alternate Odometer Disclosure Requirements |
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Philip R. Recht
National Highway Traffic Safety Administration
Federal Register
November 7, 1994
[Federal Register: November 7, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 580 [Docket No. 92-20; Notice 4] Petition for Approval of Alternate Odometer Disclosure Requirements AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of Final Denial. ----------------------------------------------------------------------- SUMMARY: The National Highway Traffic Safety Administration (NHTSA) denies the petition submitted by the State of Florida for approval of alternate odometer disclosure requirements. Only one comment was submitted in response to NHTSA's preliminary determination that Florida's proposed procedures threaten the integrity of the current disclosure system. The agency reaffirms that determination, and Florida must conform its procedures to the odometer disclosure requirements of 49 CFR Part 580. FOR FURTHER INFORMATION CONTACT: John Donaldson, Office of the Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, D.C., 20590 (202) 366-1834. SUPPLEMENTARY INFORMATION: Background To address the problem of odometer fraud, 49 U.S.C. Chapter 327 (previously 15 U.S.C. 1981 et seq.) (the Act) provides that each person transferring ownership of a motor vehicle must disclose the mileage on the vehicle's title. The Act requires the States to conform their procedures to ensure that the titles they issue contain odometer disclosure statements. Section 32705(d) of the Act directs NHTSA to approve alternate methods of odometer disclosure submitted by a State, provided that those methods are consistent with the purposes of the disclosure required by the Act. NHTSA's implementing regulation, 49 CFR Part 580, identifies specific elements to be included in the odometer disclosure statement (49 CFR 580.5 and 580.7). The elements of central importance to the instant petition are the name and current address of both the transferor and the transferee. The regulation also sets forth procedures a petitioning State must follow to seek approval of alternate requirements to those otherwise required of the State (49 CFR 580.11). In accordance with this latter provision, the State of Florida submitted a petition for approval of alternate disclosure requirements. Basis for the Petition Florida seeks approval for alternative procedures to those contained in 49 U.S.C. 32705(b) (previously 15 U.S.C. 1988(d)) and 49 CFR 580.5 (c)(3) and (c)(4). (The petition identifies paragraphs (c)(2) and (c)(3) of the regulation, but it is clear from its context that paragraphs (c)(3) and (c)(4) were intended.) These provisions require odometer disclosure statements to be made on a title produced by means of a secure printing process and to include the name and current address of the transferor and transferee. Florida currently uses two motor vehicle title forms, copies of which were submitted with the petition. In all aspects of relevance here, the forms are identical. Both forms contain one block for transfer of title by the seller on the front and three blocks for dealer reassignment and one block for application for title on the back. Florida states that the transfer of title and the dealer reassignment blocks appear as prescribed by 49 CFR 580.5, except that they do not contain a space for the address of the transferor and transferee. Notwithstanding the absence of address spaces in these locations, Florida asserts that its titles comply with the Federal requirements in all cases except those involving reassignment by a licensed motor vehicle dealer. Florida explains that State law (Florida Statutes, Chapter 319) precludes the assignment of a motor vehicle title by anyone other than the person in whose name the title was issued, unless the person is a dealer. Consequently, in a sale between non-dealers, Florida points out that the required addresses will be available because the transferor's address appears on the front of the title and the transferee's address will eventually appear in the block for ``Application for Title by Purchaser.'' Citing NHTSA's determination (53 FR No. 151 at 29470, Aug. 5, 1988) that information located elsewhere on the title need not be repeated in the disclosure statement, Florida argues that its titles comply with Federal requirements related to transfers between non- dealers. The alternate procedures for which Florida seeks approval apply to transfers by or between licensed dealers. Florida acknowledges that its titles do not make accommodation for the address of a dealer. Instead, the dealer is required to include its license number in the reassignment block appearing on the back of the title, when effecting a subsequent transfer. According to Florida, the Department of Highway Safety and Motor Vehicles (DHS) maintains records of all licensed dealers in the State, indexed by both license number and name, from which current address information is freely available upon request. Florida asserts that this system is superior to the requirement of NHTSA's regulation, because the State records contain the latest available address information, and because consumers can be informed by the DHS of avenues of relief through the State's consumer complaint process and its $25,000 dealer license bond. Accordingly, Florida concludes that the odometer disclosure procedures it imposes on dealers are fully consistent with the purposes behind the Federal odometer disclosure requirements, and that its petition should therefore be granted. Notice of Preliminary Determination On August 29, 1994, NHTSA published a notice in the Federal Register (59 FR 44397) preliminarily denying Florida's petition. NHTSA determined that an odometer disclosure statement that does not include the addresses of transferors and transferees threatens the integrity of the current system, and that Florida's proposed alternative does not properly accommodate the purposes which these addresses serve. NHTSA rejected the procedures Florida would impose on transactions in which at least one party is a dealer as inconsistent with the purposes of the Federal requirements. Noting that the DHS would be unable to provide the required address information from its records if an out-of-state dealer were involved in the chain of transfer on a Florida title, NHTSA determined that Florida's approach failed to accommodate interstate motor vehicle transfers. NHTSA further noted that it would be extremely difficult to ascertain the location of an out-of-state dealer without any identifying information beyond a license number from an unknown State. NHTSA concluded that Florida's proposed procedures would hinder enforcement efforts, which rely on readily available address information for all transferors and transferees in order to trace the sales histories of motor vehicles. The agency also noted that title blocks lacking a common information element accepted by most States as the norm for compliance with odometer disclosure requirements are more likely to be questioned or rejected in interstate transactions, thereby hindering the flow of commerce in motor vehicles. With respect to motor vehicle transfers in which no party is a dealer, NHTSA agreed that Florida's odometer disclosure procedures satisfy Federal odometer disclosure requirements. However, NHTSA recommended that the purchaser's address appear in the transfer block on the front of the title for improved clarity. Comments In response to the Notice of Preliminary Determination, The agency received only one comment, which was submitted by the California Department of Motor Vehicles after the close of the comment period. Despite its lateness, NHTSA has considered the comment. According to California, national title standards developed by the American Association of Motor Vehicle Administrators and accepted by the States set forth requirements for title document size and contents. California asserts that these standards and State statutes often preclude the inclusion of additional information on the title document. Due to these title size limitations, California is concerned that mandating the address information might reduce the space available for dealer reassignment blocks and therefore lead to increased paperwork in title transfers. As a preliminary matter, NHTSA would point out that neither State statutes nor association standards may act to preclude the disclosure of information required by Federal law. Moreover, California fails to acknowledge that all other States (except Florida) have properly accommodated the requirement for including address information in the odometer disclosure statement, and many of these States' titles include multiple dealer reassignment blocks. Hence, California's concern is not reflected in real world problems. California has only recently begun to conform its titling procedures with Federal odometer requirements, and should consult other States for guidance in this matter. Final Determination The agency is in possession of no information that would suggest that a change in the preliminary determination is appropriate. Accordingly, NHTSA reaffirms its preliminary determination and denies Florida's petition for approval of alternate odometer disclosure requirements. Florida must conform its procedures to the odometer disclosure requirements of 49 CFR Part 580. Additionally, the agency urges Florida to include a block for the purchaser's address on the front of the title, for improved clarity. Issued on: November 2, 1994. Philip R. Recht, Chief Counsel. [FR Doc. 94-27523 Filed 11-4-94; 8:45 am] BILLING CODE 4910-59-P