Interpretation ID: aiam3503
Commissioner
Indiana Bureau of Motor Vehicles
State Office Building
Indianapolis
IN 46204;
Dear Mr. Packard: This is in response to your letter of November 23, 1981, asking fo suggestions that would enable the citizens of Indiana to do away with the necessity of using and retaining the federal odometer disclosure statement.; In my previous correspondence I indicated that the Indiana Certificat of Title could not be used in lieu of a separate Federal odometer disclosure statement unless additional information was incorporated. In your recent letter you asked whether the title application could be utilized to meet the Federal disclosure requirements. For your information, I have enclosed several notices that have appeared in the *Federal Register* that deal directly with this issue. The first is an August 1977 notice which allows states that wish to utilize their Certificates of Title as disclosure statements to include a shortened odometer disclosure statement, but requires other State documents to contain the longer form. In January 1980 the latter requirement was amended (see enclosed *Federal Register* notice) to allow the shortened form to be used in lieu of a separate Federal disclosure statement on *any* State document which evidences ownership of the vehicle. The effect of this change is to permit the State of Indiana to use the shorter form on its application for title and still have the application satisfy the Federal odometer disclosure requirements.; With respect to your comment that Indiana would like to enable citizen to do away with the necessity of retaining disclosure statements, I am enclosing a copy of a January 1980 *Federal Register* notice which discusses the retention requirements. As you will note, the retention requirements apply only to dealers and distributors (persons who buy or sell five or more motor vehicles within any 12 month period), and not to the average consumer. If Indiana incorporates an acceptable disclosure statement onto its title application, all dealers and distributors will, nevertheless, be required to maintain copies of these documents at their primary place of business. This requirement facilitates enforcement efforts and should not be too great a burden on businesses that already have storage facilities for the other documents.; I hope that I have satisfactorily responded to your concerns. I woul welcome the opportunity to work further with Indiana in the effort to curtail odometer fraud.; Sincerely, Frank Berndt, Chief Counsel