Notwithstanding the requirements of §§ 580.5 and 580.7:
(a) A transferor or a lessee of any of the following motor vehicles need not disclose the vehicle's odometer mileage:
(1) A vehicle having a Gross Vehicle Weight Rating, as defined in § 571.3 of this title, of more than 16,000 pounds;
(2) A vehicle that is not self-propelled;
(3)(i) A vehicle manufactured in or before the 2010 model year that is transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year;
(ii) Example to paragraph (a)(3): For vehicle transfers occurring during calendar year 2020, model year 2010 or older vehicles are exempt.
(4)(i) A vehicle manufactured in or after the 2011 model year that is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year; or
(ii) Example to paragraph (a)(4): For vehicle transfers occurring during calendar year 2031, model year 2011 or older vehicles are exempt.
(5) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
(b) A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage.
(c) A lessor of any of the vehicles listed in paragraph (a) of this section need not notify the lessee of any of these vehicles of the disclosure requirements of § 580.7.
[53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35888, Aug. 30, 1989. Redesignated at 62 FR 47765, Sept. 11, 1997; 63 FR 52632, Oct. 1, 1998; 84 FR 52704, Oct. 2, 2019; 84 FR 65019, Nov. 26, 2019]
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 1998–2022 · leading case:
Rosillo-Puga v. Holder, 580 F.3d 1147 (10th Cir. 2009).
Rosillo-Puga v. Holder, 580 F.3d 1147 (10th Cir. 2009).
· cites it 2× “6 (a)(3) (1993) (current version at 49 C.F.R. § 580.17 (a)(3) (2008))). "Because the text of the Odometer Act d[id] not even suggestmuch less explicitly state a legislative intent to exempt entire classes of vehicles from the disclosure requirements of the Act," we invalidated…”
Suiter v. Mitchell Motor Coach Sales, Inc., 151 F.3d 1275 (10th Cir. 1998).
· cites it 4× “See 49 C.F.R. § 580.17 (a)(1). Sui-ter argues Mitchell' waived the exemption defense because it failed to plead the exemption as an affirmative defense.”
Midwestern Motor Coach Co. v. Arkansas Bus Exch., 289 F. App'x 958 (8th Cir. 2008).
“Similarly, we agree with the district court that Midwestern has no claim under the Missouri odometer act. That act unambiguously states that the mileage-reporting requirements “do not apply” to the category of vehicle at issue here.”
Matthew Teel v. Autonation Motors, LLC (Tex. App. 2022).
· cites it 4× “2 A week later, Autonation moved to dismiss Teel’s claims under Rule 91a, arguing, among other things, that Teel’s claims lacked a basis in law under 49 C.F.R. § 580.17 (a)(3)3 because the vehicle was manufactured in 2005 and was transferred more than 10 years after its…”
McEwen v. Delong (D. Ariz. 2021).
· cites it 4× “Exemption Under 49 C.F.R. § 580.17 (a)(3) 26 The Odometer Act requires a person transferring ownership of a motor vehicle to 27 give the transferee a written disclosure stating the cumulative mileage registered on the 28 odometer.”
Beam v. Domani Motor Cars, Inc., 922 F. Supp. 2d 1338 (S.D. Fla. 2013).
· cites it 2× “” 49 C.F.R. § 580.17 (a)(3). Here, the vehicle in question was manufactured in 1970, so Defendant asserts that it qualifies for an exemption from the Act’s disclosure requirements.”
Rife v. Randolf Ezrre Wholesale Auto Sales LLC (D. Ariz. 2022).
“§ 32705 (a)(2) & quoting 17 49 C.F.R. § 580.17 (a)(3)). 18 5. This language clearly only excuses transferors from disclosing the mileage and does 19 not give them permission to make false disclosures.”
Ferrari v. Howard, Unpublished Decision (7-11-2002) (Ohio Ct. App. 2002).
“{ 46} The Secretary of Transportation then established 49 C.F.R. 580.17 (a)(3), which states: { 47} (a) A transferor * * * of any of the following motor vehicles need not disclose the vehicle's odometer mileage: { 48} * * * { 49} (3) A vehicle that was manufactured in a model…”
— 49 C.F.R. § 580.17(a)(3) — 1 case
McEwen v. Delong (D. Ariz. 2021).
“Exemption Under 49 C.F.R. § 580.17 (a)(3) 26 The Odometer Act requires a person transferring ownership of a motor vehicle to 27 give the transferee a written disclosure stating the cumulative mileage registered on the 28 odometer.”
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