Interpretation ID: aiam3360
Iowa Department of Transporation (sic)
Office of Motor Vehicle Enforcement
5238 N.W. Second Avenue
Des Moines
IA 50313;
Dear Mr. Kelly: This is in response to your letter of August 29, 1980, in which yo requested our opinion on the odometer disclosure required to be made for reconstructed vehicles. The purpose of the odometer reading is to represent the mileage that a vehicle has travelled. If a vehicle is reconstructed with an older chassis and a new body, then it is the opinion of the National Highway Traffic Safety Administration that the odometer should reflect the mileage travelled by the chassis. Purchasers rely on the odometer as an indication of the safety, reliability, and value of a vehicle. If the mileage which the chassis has been driven is not provided to the purchaser, he could be led into a false sense of security, neglecting needed repairs or inspections. The odometer should therefore be set to the mileage travelled by the chassis. If the odometer is incapable of being set to that mileage, it should be set at zero and a written notice should be placed in the left door frame of the vehicle, specifying the mileage the chassis has been driven and the date the new odometer was installed. If the person who asembles the vehicle does not know the mileage the chassis has been driven, he should state that the mileage is not accurate and should not be relied upon.; Likewise, if a vehicle is constructed from the parts of severa vehicles, the odometer statement must still be completed at the time of sale. If the seller knows the mileage on the various components used to construct the vehicle, he should inform the purchaser of the highest mileage that he knows, or the mileage on the chassis if he knows it. If he does not know the mileage, he will be required to state that the mileage is not accurate and should not be relied upon. This applies to all major mechanical and structural portions of the vehicle and not to items that are replaced periodically such as tires.; You also asked if there are any specifications on three wheel vehicle and homemade mopeds. Section 571.3 of Title 49 of the Code of Federal Regulations defines 'motorcycle' as a 'motor vehicle with motive power having a seat or a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.' The vehicle described in the article which you attached to your letter and mopeds fall iwthin this category and the applicable motor vehicle safety standards would apply. Any homemade vehicle, whether a moped or other vehicle, which is driven on the public roads must comply with the applicable safety standards. For your information, I have enclosed a pamphlet which described the existing safety standards and specifies which vehicles must comply with those standards. The standards for motorcycles would apply the vehicles described above.; If you have any further questions, please do not hesitate to write. Sincerely, John Womack, Assistant Chief Counsel