Interpretation ID: aiam3470
Brekhus Buick-International
Box 1357
Rapid City
SC 57701;
Dear Mr. Sorensen: This is in response to your letter of September 10, 1981, in which yo requested information on the Federal odometer disclosure requirements and specifically on their applicability to trucks with a gross vehicle weight rating (GVWR) of over 16,000 pounds. I have enclosed a copy of Title IV of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1981 et seq.) which sets forth the Federal law pertaining to odometers. Section 404 of the Act prohibits any person from altering the odometer of any motor vehicle including trucks of more than 16,000 pounds GVWR.; I have also enclosed a copy of the odometer disclosure requirements (4 CFR Part 580). I have highlighted in red the exemption that applies to large trucks. The agency found that purchasers of these trucks do not rely on the odometer as an indicator of their mileage and, therefore, exempted them from the disclosure requirements. Before you decide whether or not to issue odometer disclosure statements for these trucks, I would like to alert you to the fact that at least one court has held that the agency exceeded its authority in fashioning this exemption and has declared it void. *Lair v. Lewis Service Center*, 428 F.Supp. 778 (D.Neb. 1977). The holding is not binding on any other court and the agency believes the exemption is valid. Nevertheless, you should be aware that should the issue arise again, another court could take a similar view.; I hope that this information is useful to you. If you have any furthe questions, please do not hesitate to write.; Sincerely, John Womack, Assistant Chief Counsel