TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To:  Tax Collectors and License Plate Agents

From:  Carl A. Ford, Director

Subject:  Dealer Odometer Disclosure Statement

Advisory Date:  12/01/05                               Implementation Date:

Advisory Number:  T05-13

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The department has recently reviewed and compared the federal and state law concerning odometer disclosure statements.  Since the review, it has been determined that a dealership may use a Florida form HSMV 82993 (when applicable) in lieu of creating their own odometer disclosure statement in order to meet the requirements of federal law.  The form HSMV 82993 contains all of the elements of a required odometer disclosure statement.  Therefore, an accurately completed form (or a copy of the completed form) HSMV 82993 may be used by dealerships when submitting documentation which requires odometer verification (correcting an odometer error/omission, alterations, etc).  A letterhead affidavit signed by the dealership, explaining the error, would continue to be required for an alteration or discrepancy.  The following is the exact wording from the Code of Federal Regulations (CFR), Title 49, Chapter V, concerning odometer disclosure information:

 

PART 580--ODOMETER DISCLOSURE REQUIREMENTS

 

Sec. 580.5  Disclosure of odometer information.

 

(a) Each title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of future transfer.

 

(b) Any documents which are used to reassign a title shall contain a space for the information required to be disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of transfer of ownership.

 

(c) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or, except as noted below, on the document being used to reassign the title. In the case of a transferor in whose name the vehicle is titled, the transferor shall disclose the mileage on the title, and not on a reassignment document. This written disclosure must be signed by the transferor, including the printed name. In connection with the transfer of ownership of a motor vehicle in which more than one person is a transferor, only one transferor need sign the written disclosure. In addition to the signature and printed name of the transferor, the written disclosure must 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, and body type, and its vehicle                identification number.

 

(d) In addition to the information provided under paragraph (c) of this section, the statement shall refer to the Federal law and shall state that failure to complete or providing false information may result in fines and/or imprisonment. Reference may also be made to applicable State law.

 

(e) In addition to the information provided under paragraphs (c) and (d) 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 the amount of 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 that the difference is greater than that caused by odometer 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.

 

(f) The transferee shall sign the disclosure statement, print his name, and return a copy to his transferor.

 

(g) If the vehicle has not been titled or if the title does not contain a space for the information required, the written disclosure shall be executed as a separate document.

 

Sec. 580.8 Odometer disclosure statement retention.

 

(a) Dealers and distributors of motor vehicles who are required to execute an odometer disclosure statement shall retain for five years a photostat, carbon or other facsimile copy of each odometer mileage statement which they issue and receive.  They shall retain all odometer statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

 

(b) Lessors shall retain, for five years following the date they transfer ownership of the leased vehicle, each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
 
(c) Dealers and distributors of motor vehicles who are granted a power of attorney by their transferor pursuant to Sec. 580.13, or by their transferee pursuant to Sec. 580.14, shall retain for five years a 
photostat, carbon, or other facsimile copy of each power of attorney that they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

 

                        DMV Procedure TL-09 has been revised and posted to the department's website at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-09.pdf

 

If you have any questions or need further assistance, please contact your Tax Collector Help Desk.

CAF/gra