Interpretation ID: aiam4263
1922-B Greenoaks Road
Columbia
SC 29207;
Dear Ms. Werts: This is in response to your letter of December 3, 1986, for informatio concerning the Federal odometer regulation, 49 C.F.R. Part 580 - Odometer Disclosure Requirements.; You questioned whether form 400, which you refer to as the Titl Transfer form, and the Affidavit & Notification of Sale of Motor Vehicle comply with the requirements of the Federal regulation. Both forms include the information required to be disclosed with the exception of the certifications set forth in 49 C.F.R. S580.4(d). In August 1977, the National Highway Traffic Safety Administration determined that these certifications were not required when States provided odometer disclosure information on their titles. Shortened disclosure forms were permitted on State titles. 42 Fed. Reg. 38907 (1977). Subsequently, the Agency decided to allow States to use the shortened form on all State documents evidencing ownership of a motor vehicle. 49 Fed. Reg. 784 (1980). Ownership is determined by State law. If, under South Carolina law, the forms evidence ownership of the motor vehicle, then the requirements of the Federal regulation have been met. If, however, the forms do not evidence ownership of the motor vehicle, then the disclosures fail to meet the requirements of 49 C.F.R. S580.4(d).; You also requested a certified copy of a determination made by th Agency in September 1985, concerning South Carolina's title documents. I have enclosed a certified copy of that letter. Please note that the letter discusses which State titles may be used in lieu of a separate disclosure statement and does not address the issue of other documents evidencing ownership.; I hope you find this information helpful. Sincerely, Erika Z. Jones, Chief Counsel