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Interpretation ID: aiam3492

The Blunt Company, 4500 City National Bank Building, Detroit, MI 48226; The Blunt Company
4500 City National Bank Building
Detroit
MI 48226;

Gentlemen: This responds to Mr. Michael E. Murphy's letter of August 20, 1981, t Joan Griffin of my staff, regarding Safety Standard No. 127, *Speedometers and Odometers*. Mr. Murphy asks whether an electronic odometer that can be rendered useless by the simple unplugging operation would be legal under the odometer provision of the standard. When the odometer is unplugged, a 'blank' is registered in the odometer record. Mr. Murphy also asks whether the agency is considering any amendments or additions to the standard that are relevant to electronic odometers.; The National Highway Traffic Safety Administration (NHTSA) does no offer prior approval of compliance of any vehicle or equipment with any safety standard. It is the manufacturer's responsibility under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq*.) to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle in accordance with that determination. Under certain circumstances, the agency is willing to give an informal opinion concerning whether a vehicle or item of motor vehicle equipment complies with a particular rule. Such opinions are not binding on NHTSA or on the manufacturer. However, in this case on the basis of the limited information contained in Mr. Murphy's letter, we cannot give even an informal opinion whether Chrysler's electronic odometer complies with Standard No. 127. We would need to see either the odometer itself or detailed pictures of it in order to make such a determination. We would also need to know if the odometer was manufactured in accordance with paragraphs S4.2.5.1, S4.2.5.2, S4.2.5.3, or S4.2.6, which specify four methods of resisting tampering.; I would emphasize that the odometer provisions of Standard No. 127 d not require that odometers be completely tamper proof. Rather, the rule simply requires that odometers resist tampering in one of four specified ways that are designed to leave visible evidence if reversal is attempted. It is possible for an odometer to comply with all the requirements of Standard No. 127 and still be susceptible to some form of tampering. Standard No. 127 was designed to prevent the mileage on odometers from being reduced. It was not designed necessarily to prevent tampering of the sort that would be possible with the Chrysler odometer where the odometer can be disconnected so that mileage is not recorded.; We stress that at this time no requirements for the manufacture an sale of odometers are in effect. The odometer provisions of Standard No. 127 (paragraphs S4.2-S5.2) are scheduled to take effect on September 1, 1982. Only odometers manufactured on or after that date must meet the requirements of the standard.; Further, on April 9, 1981, the NHTSA published a Notice of Intent (4 FR 21203) in which it announced that it would issue an NPRM to rescind Standard No. 127. The agency believes that such action may be warranted because there appear to be no direct safety benefits to be gained from the regulation and because of the potential for significant consumer savings. A notice proposing the rescission of the standard was published October 22, 1981 (46 FR 51788).; Finally, you should be aware that Title IV of the Motor Vehicle an Cost Savings Act (15 U.S.C 1981) states that no person shall disconnect an odometer with the intent to change the number of miles thereon. This provision may impact the use of the odometer to which you refer.; We hope you find this information helpful. Please contact this offic if you have further questions.; Sincerely, Frank Berndt, Chief Counsel