An electronic title incorporates an electronic reassignment form or process containing the disclosures required by this part facilitating transfers between transferors and transferees who do not take title to the vehicle. California also indicated leased vehicle transactions should only involve lessors and lessees. Seller guarantees that the property is his/her own and is free of all claims and offsets of any kind. Texas also recommended changing the language “at the time the lessors transfer the vehicle” in § 580.2 to “at the time the lessees return possession of the vehicle to the lessors” to more accurately fix the time when a lessee must make disclosure. The final rule further states electronic data shall be retained so it cannot be altered and which indicates any attempts to alter it. Indeed, one individual commenter suggested individuals could print their own titles. As noted above, NADA and NAAA, suggested NHTSA issue an SNPRM prior to issuing a final rule while NAMIC and Texas stated NHTSA might consider delaying this final rule. It is a felony to tamper with, adjust, alter, set back, disconnect, or fail to connect the odometer of a motor vehicle to reflect a lower mileage than the vehicle has actually been driven. Where paper transactions required participants to provide a printed name, the NPRM proposed the printed name was not needed in electronic transactions and sought to delete that requirement. In 2008, noting the increasing age of light vehicles in use, the U.S. Department of Justice (DOJ) requested NHTSA consider review of the 10-year exemption. Public Law 103-272, 108 Stat. Dealer users would provide lists of employees authorized to make disclosures, and these individuals would get PINs by conventional mail to verify their identity. As NADA did, IAA Start Printed Page 52678observed auction houses were state-licensed and subject to state regulation. Odometer Disclosure Statement. Copart stated powers of attorney will continue to be necessary for intra-state transfers, particularly if the electronic system is not available during a catastrophic event. NHTSA acknowledges the desirability of streamlining the process of transferring vehicles to recyclers as well as transfers for vehicles that have been declared to be a total loss. The estimated benefits of the final rule primarily are measured by the annual consumer loss from the odometer fraud that can be eliminated by the exemption requirement of the final rule. This approach will allow states to adopt and develop means for addressing different transactions in what will certainly be an evolutionary process. AAMVA also noted the power of attorney process described in the NPRM would not allow completion of a transfer of a vehicle from an electronic title state to a paper title state without the corresponding title. The breakeven point is defined as the projected effectiveness of the final rule where the benefit is equal to the cost. This final rule's modification of the previous 10-year exemption from mileage disclosure to 20-year old vehicles will require minimal changes in data entry for small businesses and not result in any significant effect. Disclosure of odometer information by power of attorney. Texas submitted comments suggesting an additional two subsections be added to § 580.6. Additional considerations supporting changing the exemption include the relative ease with which modern odometers may be rolled back and the significant increases in market value that may be gained through such fraud. However, either an electronic power of attorney or an original power of attorney may be used when a paper title is lost or held by a lienholder. Start Printed Page 52694Dealers are required to retain copies of executed odometer disclosure statements for a period of five years. As § 580.14 sets out the requirements of Part B of the power of attorney and is a counterpart to Part A addressed by § 580.13, the final rule also adds the requirement transferees provide a printed name and a printed address in § 580.14(b)(3) and (4). Certificate of Origin with forms and fees described below. The amendment addressed retention of powers of attorneys by states and provided that the rule adopted by the Secretary not require a vehicle be titled in the state in which the power of attorney was issued. The NPRM further proposed § 580.8 specify dealer electronic records be retained in a format which cannot be altered, and which indicates any attempts to alter it. That goes for agreements and contracts, tax forms and almost any other document that requires a signature. NHTSA's NPRM proposed amending § 580.17(a)(3), exempting any vehicle more than 10 years old from the odometer disclosure requirements, to raise this exemption to 25 years. Although Texas adopted a position that NHTSA's rulemaking should not be prescriptive and should grant states as much leeway as possible in developing electronic title and odometer disclosure systems and encouraged NHTSA to explore the use of the U.S. Department of Justice's National Motor Vehicle Title Information System (NMVTIS) as a national system to facilitate the transfer of electronic titles. Similarly, a lessee of a leased vehicle with an e-title would bring the vehicle to a dealership and make the odometer disclosure on a secure physical document. The agency is adopting several changes to this portion of the final rule in response to the comments. 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. This section also requires a certification, when part B is used, that the mileage disclosed and acknowledged under part B is greater than the mileage disclosed in part A. Amend § 580.17 by revising paragraphs (a)(3) and (4) and adding paragraph (a)(5) to read as follows. The preemptive effect of this proposal is discussed above in connection with Executive Order 13132. The comments submitted in response to this section in the NPRM identified several issues related to the proposed amendments. A secondary scope issue exists to the extent the NPRM contemplated that NHTSA take two approaches to regulating electronic odometer disclosures. Comments submitted in response to the proposal were consistent in raising concerns about how such a change would be implemented because many vehicles exempt under the former rule would no longer qualify, but may have already been claimed as exempt. The organization stated any reliance on a physical document, whether scanned or not, does not constitute an electronic disclosure system and should not provide the basis for an electronic disclosure system. The NPRM proposed amending § 580.7(a) to allow lessors to provide notices to lessee electronically, proposed deletion of a printed name requirement for electronic odometer disclosures by lessees in § 580.7(b) and proposed adding a new § 580.7(e) stating an electronic system maintained by a lessor must meet the proposed security requirements in § 580.4(b). They shall retain all odometer disclosure statements at their primary place of business in an order appropriate to business requirements and that permits systematic retrieval. This NIST guideline specified four different levels of identity assurance which are assigned according to the level of risk posed by the potential failure to authenticate the identity of an individual using an electronic system for a transaction. Texas also observed that use of the term “physical document” in the proposal was inappropriate as that term is defined by the NPRM. While NHTSA still believes this to be the case where a party would have to log on to a state website to conduct a transaction, electronic title and odometer disclosure schemes may involve other procedures. Objection was also made to this requirement as “process based” and not transaction based because of the proposed § 580.6 applying to electronic transactions. documents in the last year, 988 The advent of electronic title and odometer disclosure systems presents challenges stemming from the requirement that odometer disclosures must be made on the title, a reassignment document if no space for disclosure is available on the title, or through the special power of attorney when a title is physically held by a lienholder or has been lost. electronic version on GPO’s govinfo.gov. Several commenters requested NHTSA implement provisions providing lenders with the ability to make odometer disclosures through the special power of attorney in § 580.13 as well as requiring the mileage on disclosures be transmitted electronically to lenders. The amendments in the October 2, 2019, final rule allowing States to adopt electronic odometer disclosure systems will still take effect as scheduled on December 31, 2019. Commenters supported the proposed changes on the condition the final rule take adequate steps to ensure the final rule allowed authorized changes to electronic records to correct errors. Others advocated expanding the power of attorney provisions to facilitate vehicle financing. In addition, NADA stated NHTSA should recognize that physical state to electronic state transfers may also involve lost paper titles or paper titles held by lienholders, and electronic disclosure states should have to provide for a power of attorney. Virginia opposed using the language “paper record of ownership” because of potential fraud and suggested the term “title receipt.” Texas also supported states having this option provided issuing such a document was discretionary. In contrast, an electronic signature is anonymous. Dealer groups NADA, OADA, and NIADA agreed with NHTSA's approach, as did Dealertrack, stating that technology moved too rapidly for effective regulation by rules. The agency also proposed requirements for signatures in electronic transactions. Broad definitions of physical documents and electronic documents NHTSA proposed have been discarded. In AAMVA's view, a power of attorney is or would be the appropriate document to transfer ownership. (3) If the transferor knows the odometer reading differs from the mileage and the difference is greater than that caused by a calibration error or does not reflect a valid mileage display, they shall include a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. The 50,000 miles was treated as the average rollback miles and was used in the regression model to project the retail price when mileage is increased by 50,000 miles for all age of vehicles. In 2017, about 47 percent of the household cars and 50 percent of the household LTVs were 10 years and older—a significant increase from the respective 30 percent and 32 percent in 1990. Similarly, the NPRM also proposed amending § 580.5(c), governing the specific disclosures that must be made when transferring title, by adding the phrase “physical document” in instances of paper title transfers and “electronic form incorporated into the electronic title.” to § 580.5(c) for instances of electronic title transfers. Get everything you need to configure and automate your company’s workflows. AAMVA also contended any notification requirements should be transaction-based rather than the process-based individual account method proposed by NHTSA. As noted above, this may either involve retaining a copy of the executed odometer disclosure on the back of a title or a copy of both the power of attorney form and the odometer disclosure on the back of the title made under the authority given by the power of attorney. Table 2 summarizes the estimated annual rollbacks for affected vehicles, its share in overall annual fraud loss, annual consumer economic loss, and a 5-percent rollback scenario. Car dealers are subject to strict laws to prevent odometer tampering. If a paper title needed to be created from an electronic record, the NPRM proposed, in § 580.6(a)(6), that only states or their authorized surrogates could produce a secure paper title from an electronic record and that this paper title must meet the security requirements applicable to paper titles. To achieve this, the agency first developed a regression model describing the relationship between retail price and vehicle mileage using data provided by Edmonds. Comments supporting NHTSA's decision to not adopt specific system security requirements were submitted by insurers, dealer associations, lender groups, states, and others. NAAA and IAA noted the proposal required protection against unauthorized changes but did not address how entry errors are to be corrected. ESRA again urged the agency to take an “agnostic” approach and allow states to employ reasonable efforts to protect records. Subsection 580.6(a)(2) of the agency's proposal creates a requirement that any electronic signature identify an individual and, further, that if the individual is acting in a business capacity or otherwise on behalf of any other individual or entity, that the business or entity also be identified as part of that unique electronic signature. Additionally, the proposed § 580.6(a)(6) stated that issuance of a paper title in an electronic title state must be memorialized by a record stating the electronic title has been superseded by a paper document that is the official title. Processing foregoing petitions illuminated concerns relevant to this final rule. For in-person registration the applicant must be in possession of a primary government photo ID (such as a driver's license or passport). Highway Admin., July 2018, available at https://nhts.ornl.gov/​assets/​2017_​nhts_​summary_​travel_​trends.pdf (last visited Sept. 13, 2019). The final rule definition simply states an electronic power of attorney is simply a power of attorney created and maintained in an electronic format that meets all the requirements of part 580. ESRA recommended NHTSA take an “agnostic” approach to electronic records storage by allowing states to store electronic data and documents in their secure data systems and to employ reasonable efforts to prevent such records from being altered. Commenters addressing this proposal supported it, providing the ban on alterations was limited to unauthorized alterations. The agency also notes that the definition of “Jurisdiction” is singular and signals NHTSA's decision not to establish security standards or similar regulations governing the exchange of electronic title information between jurisdictions. You may drive a car with a broken odometer in most states. The estimated costs and benefits are expressed in 2018 dollars. Historically, NHTSA has received few of these petitions and has, thus far, not encountered any situation calling for a rescinding a prior grant. ...... Line 21 Other Income Do not report on this line any income from self-employment or fees received as a notary CAUTION public. With one additional MY of vehicles affected each progressing year, the volume as expected will be gradually increased until reaching the maximum of 10.5 million units in 2029 and later years (2028+) when 10 MYs of vehicles (i.e., 10 to 19 years old) were included. Commenters voiced opposing views on this proposal. Executive Order 12866 defines a “significant regulatory action” as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or. (c) If the mileage reflected by the transferor on the power of attorney is less than that previously stated on the title and any reassignment documents, the power of attorney shall be void unless: (a) In circumstances in which a power of attorney has been used pursuant to § 580.13, if a subsequent transferee elects to return to their transferor to sign the disclosure on the physical or electronic title and does not give their transferor a power of attorney pursuant to § 580.14, the transferor shall, upon the subsequent transferee's request, show that transferee a copy of the physical or electronic power of attorney that he they received from their transferor. (b) Each electronic title shall be maintained in a secure environment so it is protected from unauthorized modification, alteration or disclosure. In addition, there were considerable misstatements of mileage on vehicles that had formerly been leased vehicles, as well as on used vehicles sold at wholesale auctions. Multiplying time in hours by the total disclosures and hourly labor cost derived the total cost of the final rule. This site displays a prototype of a “Web 2.0” version of the daily Texas stated each jurisdiction should be able to facilitate the electronic process for signatures as it determines appropriate. documents in the last year, 794 Virginia simply stated it does not oppose raising the exemption to 25 years or eliminating the exemption. (f) The transferor shall give a copy of the physical power of attorney form to their transferee. Select the area you want to sign and click. The Cost Savings Act, as amended by TIMA in 1986, contains a specific provision on approval of state alternative odometer disclosure programs. I, _____, STATE THAT THE ODOMETER MILEAGE ON THE VEHICLE DESCRIBED BELOW READS _____ miles OR _____ kilometers. This information is not part of the official Federal Register document. on The final rule also allows the use of electronic or physical reassignments under specific conditions after a vehicle has been titled. These conditions stem from the nature of physical titles and the fact that transfers occurring in electronic title jurisdictions will inevitably involve transactions where a transferor has a paper title. NADA supported the proposal that systems make copies available as did Texas. An individual providing comments, Lopatka, stated NHTSA should alternatively consider adopting a system by which individual titleholders may create official physical copies of their own records from the electronic system. NOTFEA also offered examples of similar cases involving exempt vehicles. These states must retain a physical or electronic copy of the physical title for five years, a period NHTSA believes is required for effective enforcement. 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. For dealer transactions, Florida proposed transferors with e-title would complete a secure reassignment form with odometer disclosure. signNow makes e-signing easier and more convenient since it provides users with a number of additional features like Merge Documents, Invite to Sign, Add Fields, and so on. If the regulatory action meets both criteria, NHTSA must evaluate the environmental health or safety effects of the proposed rule on children, and explain why the proposed regulation is preferable to other potentially effective and reasonably feasible alternatives considered by us. California Start Printed Page 52677opposed the proposal that electronic disclosure systems provide a copy of the executed disclosure statement to the parties. When a vehicle is old enough to be exempt from the disclosure requirements, the seller may choose to simply place the word “exempt” in the space where the odometer mileage would be entered. Transitioning from paper to electronic odometer disclosure requires parties have this information available. Most forms for The Nevada Department of Motor Vehicles are online in PDF format. b. The buyer or transferee would examine the disclosure and either accept it or reject it. The odometer disclosure statement is a form that is required attachment to a Vehicle Bill of Sale at the time of purchase for all vehicles below 16,000 pounds and under 10 years of age. 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. Commenters submitting responses to this portion of the NPRM rejected any suggestion that states or other jurisdictions be required to make any accommodation for leased vehicle disclosures. corresponding official PDF file on govinfo.gov. For instance, browser extensions make it possible to keep all the tools you need a click away. The Odometer Disclosure Statement cannot be altered in any way. (ii) Example to paragraph (a)(4): For vehicle transfers occurring during calendar year 2030, model year 2010 or older vehicles are exempt. This disclosure must be signed by the transferor, including the printed name, and contain the following information: (d) In addition to the information provided under paragraph (c) of this section, the physical or electronic power of attorney form shall refer to the federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the jurisdiction may result in fines and/or imprisonment. The NPRM proposed amendments to § 580.7 allowing the required documents be in the form of “electronic documents.” Commenters generally supported the proposed amendments provided NHTSA did not extend the proposal to require states to play a role in facilitating lease vehicle disclosures. Similarly, auction sales also rarely involve vehicles for which the title is not available. Commenters also offered varying degrees of support for the continued use of the power of attorney in electronic title jurisdictions while others advocated both electronic and paper versions of the power of attorney in jurisdictions with electronic title and odometer systems. Such an agent may include an individual or entity appointed by a general or limited power of attorney. This final rule also authorizes use of an electronic power of attorney and, provides for electronic reassignments when a transferee is given a paper title by the transferor but does not take title to the vehicle. Section 580.5(a) states the mileage and other information required for odometer disclosures must be incorporated into a physical title or an electronic title presented to a transferee. NIST Special Publication 800-63-3, Revision 3, Digital Identity Guidelines (including sub-parts 800-63-3A, 800-63-3B and 800-63-3C), June 2017 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. (g) Any physical documents employed by transferors and transferees to make electronic odometer disclosures shall be set forth by means of a secure printing process or other secure process. Several trade associations acting on behalf of lenders also submitted comments, including the National Start Printed Page 52673Association of Federal Credit Unions (NAFCU), National Title Solutions Forum of the American Financial Services Association (NTSF), the Credit Union National Association (CUNA), the Credit Union Coalition of Texas (CUCTX), and the Heartland Credit Union Association (HCUA). NADA similarly cautioned requirements protecting record integrity be practical and appropriate for states, their agents, and all other parties involved. Auction interests argued the requirement would impose a crippling burden on their ability to do business as they process hundreds or thousands of vehicles at a time. The NPRM specifically requested comments on the propriety and appropriateness of these proposed definitions. Failure to complete or providing a false statement may result in fines and/or imprisonment. One association and one state opposed this proposal as imposing a requirement on states that more properly lies with the parties. IAA, a vehicle auction company, stated the proposed rule would, in its case, result in a single employee signing on behalf of a host of vehicle owners bringing their vehicles for sale. should verify the contents of the documents against a final, official Also, the final rule replaces the term buyer in § 580.9(b) with “transferee” as that term is employed throughout part 580. 01/14/2021, 198 California agreed electronic disclosure would generally eliminate the need for the power of attorney but urged that the rule should not restrict its use only to a physical document. Another exists when a paper title, which is required to have space for an odometer disclosure and subsequent reassignments, no longer has space available for additional reassignments. 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