(a) Each physical title shall be set forth by means of a secure printing process or other secure process. Additionally, a physical power of attorney issued pursuant to §§ 580.13 and 580.14 and physical documents, which are used to reassign the title, shall be issued by the jurisdiction and shall be set forth by a secure printing process or other secure process.
(b) Each electronic title shall be maintained in a secure environment so it is protected from unauthorized modification, alteration or disclosure. In addition, an electronic power of attorney maintained and made available pursuant to §§ 580.13 and 580.14 and shall be maintained by the jurisdiction in a secure environment so that it is protected from unauthorized modification, alteration and disclosure. Any system employed to create, store or maintain the foregoing electronic records shall record the dates and times when the electronic document is created, the odometer disclosures contained within are signed and when the documents are accessed, including the date and time any unauthorized attempt is made to alter or modify the electronic document and any unauthorized alterations or modifications made.
[84 FR 52700, Oct. 2, 2019]
Notes of Decisions
Glendale Owens v. Samkle Auto. Inc., 425 F.3d 1318 (11th Cir. 2005).
· cites it 2× “The Transfer Forms were not the official, secured forms issued by the State of Florida as required by the Odometer Act, see 49 C.F.R. § 580.4 (2000), and did not contain certain mandatory disclosures.”
Oettinger v. Lakeview Motors, Inc., 675 F. Supp. 1488 (E.D. Va. 1988).
· cites it 4× “” The Secretary of Transportation has promulgated such regulations, and 49 C.F.R. § 580.4 requires all transferors to give the customer a written odometer certification of the car’s actual mileage.”
Kathleen McGinty v. Beranger Volkswagen, Inc., 633 F.2d 226 (1st Cir. 1980).
“Lacking a transcript of the damages hearing, we do not know if any evidence on these matters was called for or offered, and could not review a finding-if one was made-that Lenoci’s willfulness or knowledge was not proved during the hearing.”
Duval v. Midwest Auto City, Inc., 425 F. Supp. 1381 (D. Neb. 1977).
“The rules which he has prescribed, insofar as they are significant in this action, are shown in 49 C.F.R. § 580.4 , as follows: “(a) Before executing any transfer of ownership document, each transferor of a motor vehicle shall furnish to the transferee a written statement signed…”
Gerald Tinker v. Demaria Porsche-Audi, Inc. & Cent. Nat'l Bank of Miami, 632 F.2d 520 (5th Cir. 1980).
· cites it 2× “Tinker’s remaining federal claim is that DeMaria violated the Act by failing to disclose the vehicle’s last license plate number, The license plate disclosure requirement explicitly appears within 49 C.F.R. § 580.4 (a)(4) and implicitly within 49 C.”
Augusta v. Marshall Motor Co., 453 F. Supp. 912 (N.D. Ohio 1977).
· cites it 2× “The plaintiff states a second claim solely on behalf of himself against defendant Marshall under the odometer information disclosure requirements of the Motor Vehicle Information and Cost Savings Act and regulations promulgated thereunder at 49 C.F.R. § 580.4 , seeking statutory…”
Commonwealth v. Colonial Motor Sales, Inc., 420 N.E.2d 20 (Mass. App. Ct. 1981).
· cites it 2× “If the transferor of an automobile knows the odometer reading “to be different from the number of miles the vehicle has actually travelled,” he is to disclose that “the actual mileage is unknown.”
Mitchell v. White Motor Credit Corp., 627 F. Supp. 1241 (M.D. Tenn. 1986).
· cites it 2× “5 (a)(1) (1984), exempts the transferors of motor vehicles having a gross vehicle weight rating (“GVWR”) of more than 16,000 pounds from the odometer disclosure requirements set forth in 49 C.F.R. § 580.4 (1984). The vehicle here is one whose GVWR, as defined in 49 C.”
Boren v. State, 761 S.W.2d 885 (Ark. 1988).
· cites it 2× “See 49 CFR 580.4, 580.6. We cannot know what the jurors thought, but it may be that they felt Boren had not told the truth when he stated on the form that the odometer on each of the cars was not rolled back while the car was in his possession and that he had no knowledge of…”
Irvin B. Alley v. Chrysler Credit Corp., 767 F.2d 138 (5th Cir. 1985).
“(d) In addition to the information provided under paragraphs (a), (b), and (c) of this section, the transferor shall certify that: (1) The odometer was not altered, set back, or disconnected while in the transferor's possession, and he has no knowledge of anyone else doing…”
Jones v. Fenton Ford, Inc., 427 F. Supp. 1328 (D. Conn. 1977).
“As to the rules governing OM Statements, see 49 C.F.R. §§ 580.4 and 580.6. 3 . With state sales tax and registration fee included, the total price was $2021.”
— 49 C.F.R. § 580.4(c) — 1 case
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