[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR580.13]

[Page 946-947]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 580--ODOMETER DISCLOSURE REQUIREMENTS--Table of Contents
 
Sec. 580.13  Disclosure of odometer information by power of attorney.

    (a) If the transferor's title is physically held by a lienholder, or 
if the transferor to whom the title was issued by the State has lost his 
title and the transferee obtains a duplicate title on behalf of the 
transferor, and if otherwise permitted by State law, the transferor may 
give a power of attorney to his transferee for the purpose of mileage 
disclosure. The power of attorney shall be on a form issued by the State 
to the transferee that is set forth by means of a secure printing 
process or other secure process, and shall contain, in part A, a space 
for the information required to be disclosed under paragraphs (b), (c), 
(d), and (e) of this section. If a State permits the use of a power of 
attorney in the situation described in Sec. 580.14(a), the form must 
also contain, in part B, a space for the information required to be 
disclosed under Sec. 580.14, and, in part C, a space for the 
certification required to be made under Sec. 580.15.
    (b) In connection with the transfer of ownership of a motor vehicle, 
each transferor to whom a title was issued by the State whose title is 
physically held by a lienholder or whose title has been lost, and who 
elects to give his transferee a power of attorney for the purpose of 
mileage disclosure, must appoint the transferee his attorney-in-fact for 
the purpose of mileage disclosure and disclose the mileage on the power 
of attorney form issued by the State. This written disclosure must be 
signed by the transferor, including the printed name, and contain the 
following information:
    (1) The odometer reading at the time of transfer (not to include 
tenths of miles);
    (2) The date of transfer;
    (3) The transferor's name and current address;
    (4) The transferee's name and current address; and
    (5) The identity of the vehicle, including its make, model year, 
body type and vehicle identification number.
    (c) In addition to the information provided under paragraph (b) of 
this section, the power of attorney form shall refer to the Federal 
odometer law and state that providing false information or the failure 
of the person granted the power of attorney to submit the form to the 
State may result in fines and/or imprisonment. Reference may also be 
made to applicable State law.
    (d) In addition to the information provided under paragraphs (b) and 
(c) of this section:
    (1) The transferor shall certify that to the best of his knowledge 
the odometer reading reflects the actual mileage; or
    (2) If the transferor knows that the odometer reading reflects 
mileage in excess of the designed mechanical odometer limit, he shall 
include a statement to that effect; or
    (3) If the transferor knows that the odometer reading differs from 
the mileage and the difference is greater than that caused by a 
calibration error, he shall include a statement that the odometer 
reading does not reflect 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.
    (e) The transferee shall sign the power of attorney form, print his 
name, and return a copy of the power of attorney form to the transferor.
    (f) Upon receipt of the transferor's title, the transferee shall 
complete the space for mileage disclosure on the title exactly as the 
mileage was disclosed by the transferor on the power of attorney form. 
The transferee shall submit the original power of attorney form to the 
State that issued it, with a copy of the transferor's title or with the 
actual title when the transferee submits a new title application at the 
same time. The State shall retain the power of attorney form and title 
for three years or a period equal to the State titling record retention 
period, whichever is shorter. If the mileage

[[Page 947]]

disclosed on the power of attorney form is lower than the mileage 
appearing on the title, the power of attorney is void and the dealer 
shall not complete the mileage disclosure on the title.

[54 FR 35888, Aug. 30, 1989, as amended at 54 FR 40083, Sept. 29, 1989; 
56 FR 47686, Sept. 20, 1991]