This proposal amends existing requirements to allow States a new alternative means of complying with those requirements and changes the terms of an existing exemption from mileage disclosure. (1) For a physical title or physical power of attorney, the clear and legible name applied to the physical document of the signatory; or. Recordkeeping requirements, which are critical for effective detection and prosecution of odometer fraud, were also addressed. The agency presently is unable to quantify the efficacy impact of E-odometer, therefore, its benefit is not included. The changes promulgated by this final rule, except for modification of the ten-year old vehicle exemption to 20 years, allow states the option of an alternative means of complying with previously existing requirements. Prior to the issuance of this final rule, § 580.4 set forth the requirements for security features incorporated into paper documents employed to perform odometer disclosures. The final rule now provides that option. Two commenters, Texas and AAMVA, addressed the petition process for establishing alternative odometer disclosure schemes. Commenters addressing the issue uniformly opposed the proposed requirement that identity verification for electronic odometer disclosures must meet NIST Level 3. These comments were directed at the NIST authentication level proposed in the definition as well as more prosaic concerns about the definition not Start Printed Page 52686adequately encompassing the full range of potential means for making an electronic signature. If the mileage disclosed on the physical or electronic power of attorney is lower than the mileage appearing on the physical or electronic title, the power of attorney is void and the transferee shall not complete the mileage disclosure on the title unless: (1) The transferor has included a statement that the mileage exceeds mechanical limits; or. Create an account using your email or sign in via Google or Facebook. NHTSA finds this final rule, which establishes requirements for electronic odometer disclosure systems, does not implicate or encompass the issues outlined in the foregoing policy statement. The final rule adds another option to the way states may process existing odometer disclosure requirements and alters existing statutory or regulatory requirements only by changing the terms of an exemption for owners from disclosing vehicle mileage when transferring the vehicle. L. 112-141) directed NHTSA to prescribe regulations permitting any written odometer disclosures or notices to be provided electronically. The comments received in response to this proposal were very supportive, with some commenters expressing reservations such a document could be used fraudulently if not clearly marked. Electronic signatures on odometer disclosures made in connection with transfers by a licensed dealer or at an auction sale need only identify the individual executing the signature and the dealer transferring the vehicle or auction entity conducting the sale. Then, make sure you understand the purpose of an odometer disclosure statement. Commenters identified many issues created by the proposed definitions. NHTSA has now adopted provisions allowing electronic and paper powers of attorney when a title is unavailable to a transferor because the title is lost, physically held by a lienholder, electronically controlled by a lienholder, or when an electronic title is inaccessible. Roadmap to Electronic Odometer Disclosure Guidance Document from the E-Odometer Task Force, March 2018, American Association of Motor Vehicle Administrators. Dealer users would provide lists of employees authorized to make disclosures, and these individuals would get PINs by conventional mail to verify their identity. Supplemental Notice of Proposed Rulemaking, E. Identity of Parties to a Motor Vehicle Transfer and Security of Signatures, F. Document or Record Security and System Security, H. Requirements for Electronic Transactions. These additional costs will stem from having to complete odometer disclosure forms for vehicles which, because of their age, had the mileage blank on the title marked with the word “exempt” while leaving the remainder of the form blank. When a vehicle lease is terminated, the lessee typically surrenders the vehicle to a dealer while the lessor is responsible for making the required odometer disclosures on the title. Virginia's concerns included the possibility of broad variations among state systems that would hinder interoperability and preclude the consistency required to allow consumers to conduct interstate transactions. While preserving the foregoing provisions for physical documents in paper title states, our NPRM proposed amendments stating electronic title and odometer disclosure systems shall provide a means for making the disclosure electronically and incorporating it into the electronic title when the title is created. This burden is not, in the view of these commenters, necessary when compared to the benefits achievable with a Level 2 system. Insurers favored the former approach while most states embraced the latter. When a car is sold in this scenario, the mileage is marked on the title as \u201cexempt.\u201d This is simply stating that the car has been around too long to reliably verify its mileage. The company also advocated allowing an electronic power of attorney. Your use of this site is subject to, Get And Sign Odometer Reading Form 2015-2021, how to fill out odometer disclosure statement. NHTSA believes these modifications should relieve auctions from identifying multitudes of consignees that bring cars to them for sale, particularly since auctions typically do not take title or execute odometer disclosures. 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NAMIC offered similar concerns about the potential complexity of co-existing paper and electronic systems as well as potential issues caused by incompatible state databases. Florida Bill Of Sale For Automobile Other Florida Auto Bill of Sale Forms. Under § 580.5(d), paper forms used to make odometer disclosures must contain certain legal notices and warnings intended to ensure those executing the forms are aware of their responsibilities and potential liability when doing so. In AIA's view, the age of vehicles is simply not reason enough to change the existing exemption without a thoughtful discussion of the underlying need to do so. For these commenters, NHTSA's proposal did not adequately address the potential adoption of hybrid systems employing a mixture of paper documents and electronic processes. NHTSA also noted since Texas would require persons with an electronic title to submit any paper titles to Texas for destruction, the proposal would prevent potential mischief caused by duplicate titles. Commenters observed the NPRM's view a power of attorney would be useful in interstate transactions from an electronic title state to a paper state was flawed as the transferor would still need a paper title to register the vehicle. Amend § 580.17 by revising paragraphs (a)(3) and (4) and adding paragraph (a)(5) to read as follows. NADA voiced similar concerns and noted the uncertainty of electronic versions of required documents being available until electronic systems became universal. Average of first three Quarters of 2018. All rights reserved. Additionally, the agency's approach is to provide as much flexibility as possible while protecting the integrity of mileage disclosures. This final rule adds a new paragraph, § 580.13(h), as explained below. Power of attorney to review title documents and acknowledge disclosure. Therefore, NADA fully supported the use of a power of attorney in situations involving electronic state to physical state transactions when it is impractical for sellers to obtain physical copies of their electronic titles. The proposal, found in § 580.6(a)(8), also required that scanning be made in color at a resolution of 600 dpi. Texas stated the proposed requirements are more cumbersome than those for physical documents, and jurisdictions should be given the same latitude for electronic and physical documents. The NSVRP, a non-profit consumer organization, stated there is no justification to retaining the 10-year recording limit. (Subsections 408(d), (e) of the Costs Savings Act were recodified to 49 U.S.C. To assist in detecting odometer fraud, these records must be stored in an order that permits systematic retrieval (§ 580.6(a)(2)) for a minimum of five years following conversion to a physical title, issuance of a subsequent title, or permanent destruction of the vehicle. PCI suggested if NHTSA believes that a change is necessary, the threshold for the exemption should not be higher than 15 years. The NPRM proposed facilitating adoption of electronic title and odometer disclosure systems by adapting the existing physical document requirements of part 580 to a broadly defined class of electronic documents. Select the area you want to sign and click. Since the title is nearly indispensable when establishing ownership, making Start Printed Page 52688disclosures on the title ensures that opportunities for counterfeiting odometer statements are kept to a minimum. Mobile devices like smartphones and tablets are in fact a ready business alternative to desktop and laptop computers. There will, however, be situations where an electronic title system must allow electronic reassignment before an electronic title has been created. Because § 580.17(a)(3) exempts any vehicle, which is more than 10 years old from the odometer disclosure requirements and the average age of the United States vehicle fleet has been trending upward to 11.5 years, the NPRM proposed raising the exemption to 25 years. Specifically, the fraud loss was adjusted from 2013 economics to 2018 economics. According to NAAA, U.S. Customs and Border Protection regulations require vehicles titled domestically be exported with the original certificate of title or a certified copy and destination countries may require original titles for importation. 947, 961-63 (1972). After thorough review of the comments and consideration of existing electronic odometer disclosure systems, the agency believes almost all of the states with Start Printed Page 52695such systems currently will meet the new requirements. Recordkeeping requirements of §§ 580.8 and 580.9 are changed from our earlier proposal to allow more options for transferees and to streamline the proposed rules for auctions. This final rule adopts these amendments as proposed in the final rule. This final rule, except for the amendment modifying the exemption for vehicles of a certain age from the odometer disclosure requirements, establishes rules intended to accommodate electronic odometer disclosures in the event states or other jurisdictions seek to adopt such systems. Titles must be printed by a secure printing process or other secure process and must indicate the mileage and contain space for the transferee to disclose the mileage in a subsequent transfer. The transferee shall submit the physical or electronic power of attorney to the jurisdiction that issued it with the actual physical or electronic title when the transferee submits a new title application. For information on the availability of this material at NARA, email firstname.lastname@example.org or go to www.archives.gov/federal-register/cfr/ibr-locations.html; or. Therefore, reassignment documents, either electronic or physical, would not be needed in electronic title jurisdictions. To enforce any edition other than that specified in this section, NHTSA must publish a document in the Federal Register and the material must be available to the public. Most commenters advocated having both electronic and paper versions of the power of attorney in jurisdictions with electronic title and odometer systems. To extend this section to electronic disclosures, the NPRM proposed that in jurisdictions with electronic title and odometer disclosure, the system shall provide a means for making the disclosure electronically and incorporating it into the electronic title when the title is created. ESRA's comments acknowledged that an electronic odometer disclosure system would allow most e-titling transactions to occur without a power of attorney. Lopatka urged the agency to more fully consider if states must scan physical titles with sufficient resolution to preserve security features or if preserving details such as the clarity of the titleholder's signature is sufficient. The extensive revisions made to our original proposal signal NHTSA's strenuous effort to do just that. Used Vehicle Market Report, Edmunds, Feb. 2017, available at https://dealers.edmunds.com/static/assets/articles/2017_Feb_Used_Market_Report.pdf (last visited Sept. 13, 2019). The proposed amendment eliminated the requirement for a printed name in electronic transactions and stated electronic disclosure systems must provide a copy to the parties. Telephone: (202) 366-5953. Auctioneer IAA argued that mileage as an indicator of condition and value do not apply to older cars or factor into the decisions of those who buy them. Forget about scanning and printing out forms. The regulations now also more clearly allow authorized modifications to electronic records and recognize that electronic titles and odometer disclosures may be held in a variety of formats. Executive Order 13132 requires agencies to determine the federalism implications of a final rule. As set out in the NPRM, § 580.6(a)(1) stated electronic records shall be retained in a format which cannot be altered, and which indicates any attempts to alter it. Your best option would be to check your university website, financial services office or the Bursar office in your university. Therefore, where information was required to be entered on the title under the paper system, the NPRM proposed, in 580.5(c), that the same information be entered in “an electronic form incorporated into the electronic title.” Similarly, where notices of potential liability for failing to meet certain requirements are required on paper documents, 580.5(d) of the NPRM proposed the same warnings be provided electronically for electronic transactions. Given the likelihood that electronic title and odometer disclosure systems will not be implemented across the nation in the foreseeable future, the final rule provides a power of attorney may be used if the title in question is electronic. Students can apply for the following scholarship examination 2019 before the last date of application that is 15 January 2019. Some commenters also questioned the accuracy of some of the terms proposed in the amendments. Section 580.13(b) and (d) provide that the transferor must disclose information identical to that required by § 580.5(c) and (e) on part A of the secure power of attorney form. To address the mechanics of implementing the change to the exemption threshold, NOTFEA suggested when the change becomes effective, NHTSA should make it apply only to vehicles less than 10 years old on the effective date. In some cases, the differences between the regulatory approaches of U.S. agencies and those of their foreign counterparts might not be necessary and might impair the ability of American businesses to export and compete internationally. I was selected for a summer internship 2016.I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join.I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) ’ The answer is simple - use the signNow Chrome extension. The final rule adopts the language proposed in § 580.6(a)(3) in the redesignated § 580.6(c) with modifications responsive to commenter concerns. NTSF also stated it is important to note states maintain electronic title records as database records and not scanned images of paper titles. With the collaboration between signNow and Chrome, easily find its extension in the Web Store and use it to e-sign notary public odometer disclosure statement right in your browser. Additionally, TIMA required auction companies establish and maintain records on vehicles sold at the auction, including the name of the most recent owner of the vehicle, the name of the buyer, the vehicle identification number, and the odometer reading on the date the auction took possession of the vehicle. NHTSA believes that it is unlikely that the change in the exemption will involve execution of a both a power of attorney and the odometer disclosure statement in transactions involving private sales and wholesale auctions. HCUA also urged the agency to allow that a lienholder may serve as agent of both transferor and transferee and execute the statements on their behalf. New Documents In turn, the lessor is required by § 580.7(d) to execute the disclosure statement on the vehicle title in conformance with the lessee's disclosure unless the lessor has reason to believe the lessee's disclosure is inaccurate. Public Law 103-272, 108 Stat. Federal Register. (b) The physical or electronic power of attorney shall contain, in part A, a space for the information required to be disclosed under paragraphs (c) through (f) of this section.