C.F.R. » Title 49 » CHAPTER V—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 580—ODOMETER DISCLOSURE REQUIREMENTS

49 C.F.R. § 580.6

Additional requirements for electronic odometer disclosure

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(a) Any electronic title or power of attorney as defined in this part shall be retained:

(1) In a format which cannot be altered unless such alterations are made as authorized by the jurisdiction, and which indicates any unauthorized attempts to alter it;

(2) In an order that permits systematic retrieval; and

(3) For a minimum of five years following conversion to a physical title, issuance of a subsequent physical or electronic title by any jurisdiction, or permanent destruction of the vehicle; otherwise, the record shall be retained indefinitely.

(b) Any electronic signature made on an odometer disclosure shall identify an individual, and not solely the organization the person represents or employs them. If the individual executing the electronic signature is acting in a business capacity or otherwise on behalf of another individual or entity, the business or other individual or entity shall also be identified when the signature is made. Electronic signatures on odometer disclosures made in connection with transfers by a licensed dealer or at an auction sale need only identify the individual executing the signature and the dealer transferring the vehicle or auction entity conducting the sale.

(c) Any requirement in these regulations to disclose, issue, return, notify or otherwise provide information to another person in the course of an electronic odometer disclosure is satisfied when the required information is electronically transmitted or otherwise electronically available to the party required to review or receive it.

(d) When an electronic title is created following transfer of ownership a vehicle with a physical title or an existing physical title is converted to an electronic title, the jurisdiction issuing the electronic title shall obtain the physical title or proof that the physical title has been invalidated or lost, and retain a physical or electronic copy of the physical title or proof for a minimum of five years.

(e) A jurisdiction issuing an electronic title may provide a paper record of ownership, which includes the odometer disclosure information, provided the paper record clearly indicates it is not an official title for the vehicle and may not be used to transfer ownership for the vehicle.

(f) A jurisdiction issuing an electronic title shall retain the capacity to issue physical titles meeting all the requirements of this part. If a physical title is created by a jurisdiction with an electronic title and odometer disclosure statement system, any electronic record of the title must indicate that a physical title has been issued and the date on which the physical title was issued. The jurisdiction shall retain a record of the identity of the recipient of the physical title if the recipient is not an owner or a lienholder.

(g) Any physical documents employed by transferors and transferees to make electronic odometer disclosures shall be set forth by means of a secure printing process or other secure process. This requirement does not apply to mileage disclosures made by lessees as required be § 580.7

(h) Physical documents employed to comply with any of the requirements of this part that are converted to an electronic format by scanning or imaging must maintain and preserve the security features incorporated in the physical document so that any alterations or modifications to the physical document can be detected in the physical document's electronic format. Scanning of physical documents must be made at a resolution of not less than 200 dpi.

(i) When a transferor's physical title is lost, a jurisdiction may facilitate the transfer of a physical title through an electronic process without issuing another physical title provided a physical or electronic power of attorney pursuant to § 580.13 is properly executed by the transferor.

(j) Electronic reassignments shall be made on or in the electronic title or, as set forth in § 580.5(g), may be entered in the electronic title system prior to the first issuance of an electronic title. A physical reassignment document shall not be used with an electronic title.

[84 FR 52701, Oct. 2, 2019]
Notes of Decisions
Cited in 17 cases, 1977–2009 · leading case: David J. Diersen v. Chicago Car Exch., 110 F.3d 481 (7th Cir. 1997).
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David J. Diersen v. Chicago Car Exch., 110 F.3d 481 (7th Cir. 1997). · cites it 3× “49 C.F.R. § 580.6 (a)(3). Because we hold that the NHTSA exceeded the scope of its statutory authority when it created this exemption for older ears, we reverse that portion of the district court opinion which relies upon the NHTSA regulation as a ground for ruling in favor of…”
Molo Oil Co. v. River City Ford Truck Sales, Inc., 578 N.W.2d 222 (Iowa 1998). · cites it 2× “49 C.F.R. § 580.6 (a)(1) (1994). We think the ruling cannot be supported by the regulation because the authorities are clear that the regulation is invalid.”
Rosillo-Puga v. Holder, 580 F.3d 1147 (10th Cir. 2009). · cites it 2× “(citing 49 C.F.R. § 580.6 (a)(3) (1993) (current version at 49 C.”
Bradley v. Howard Hembrough Volkswagen, Inc., 411 N.E.2d 535 (Ill. App. Ct. 1980). · cites it 4× “In so doing, we found that the regulation ( 49 C.F.R. § 580.6 (1979)) was ambiguous and that an intent to defraud could not be conclusively inferred from the manner in which Brewer completed the form.”
Smith v. Walt Bennett Ford, Inc., 864 S.W.2d 817 (Ark. 1993). · cites it 2× “WBF relies on 49 C.F.R. § 580.6 (a)(1) (1992), which exempts transferors of vehicles with gross vehicle weight ratings in excess of 16,000 pounds from the Act's disclosure requirements.”
Lee v. Gallup Auto Sales, Inc., 135 F.3d 1359 (10th Cir. 1998). · cites it 4× “” 49 C.F.R. § 580.6 (a)(3). In 1994, Congress revised Title 49 of the United States Code, relating to Transportation, and, as part of that revision, it repealed 15 U.”
Duchscherer v. W.W. Wallwork, Inc., 534 N.W.2d 13 (N.D. 1995). · cites it 2× “Before trial, the court dismissed Duchscherer’s claim under the Odometer Act, ruling that, under 49 CFR § 580.6 (a)(1), transfers of motor vehicles weighing more than 16,000 pounds were exempt from the Act’s odometer disclosure requirements.”
W.W. Wallwork, Inc. v. Duchscherer, 501 N.W.2d 751 (N.D. 1993). · cites it 2× “49 C.F.R. § 580.6 (a)(1) (1992), states: "Notwithstanding the requirements of §§ 580.”
Commonwealth v. Colonial Motor Sales, Inc., 420 N.E.2d 20 (Mass. App. Ct. 1981). “6 Those regulations were revised in 1977 and 1980 and, as revised, appear in the 1980 edition of 49 C.F.R. Section 580.6 of the regulations set out a form of “Odometer Mileage Statement” to be used which gives the transferor a choice of boxes to check concerning the reliability…”
Orca Bay Seafoods v. Nw. Truck Sales, Inc. Kamco, Inc., an Oklahoma Corp., 32 F.3d 433 (9th Cir. 1994). “49 C.F.R. § 580.6 (emphasis added). The Secretary had a rational policy reason for the large truck exemption.”
Purser v. Bill Campbell Porsche Audi, Inc., 431 F. Supp. 1235 (N.D. Fla. 1977). · cites it 2× “§ 1988 and 49 C.F.R. § 580.6 , the defendant represented that the vehicle was a 1969 model Porsche with a 911S body type.”
Suiter v. Mitchell Motor Coach Sales, Inc., 151 F.3d 1275 (10th Cir. 1998). “- In 1997, the exemption regulations were repro-mulgated and redesignated from 49 C.F.R. § 580.6 to 49 C.F.R. § 580.17 .”
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— 49 C.F.R. § 580.6(a)(1) — 1 case
W.W. Wallwork, Inc. v. Duchscherer, 501 N.W.2d 751 (N.D. 1993). “49 C.F.R. § 580.6 (a)(1) (1992), states: "Notwithstanding the requirements of §§ 580.”
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