2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 71 - Vehicle Theft and Related Provisions
7134 - Odometer disclosure requirements.

     § 7134.  Odometer disclosure requirements.
        (a)  Odometer mileage statement.--Prior to or simultaneously
     with the execution of any ownership transfer document relating
     to a motor vehicle, each transferor of a motor vehicle shall
     furnish to the transferee a written statement signed by the
     transferor containing the following information:
            (1)  The odometer reading at the time of transfer.
            (2)  The date of transfer.
            (3)  The transferor's name and current address.
            (4)  The transferee's name and current address.
            (5)  The identity of the vehicle, including its make,
        year and body type and its complete vehicle identification
        number.
            (6)  (i)  A certification by the transferor that, to the
            best of his knowledge, the odometer reading reflects the
            actual miles or kilometers the vehicle has been driven;
                (ii)  if the transferor knows that the odometer
            reading reflects the amount of mileage in excess of the
            designed mechanical odometer limit of 99,999 miles or
            kilometers, he shall include a statement to that effect;
            or
                (iii)  if the transferor knows that the odometer
            reading differs from the number of miles or kilometers
            the vehicle has actually traveled and that the difference
            is greater than that caused by odometer calibration
            error, he shall include a statement that the odometer
            reading is not the actual mileage and should not be
            relied upon.
     The transferee shall acknowledge receipt of the disclosure
     statement by signing it.
        (b)  Prohibitions.--
            (1)  No transferor shall violate any provision of this
        section or give a false statement to a transferee in making
        any disclosure required by this section.
            (2)  No transferee shall accept any written disclosure
        required by any provision of this section if the disclosure
        is incomplete.
        (c)  Auction sales.--With regard to any motor vehicle whose
     ownership is transferred through a motor vehicle auction sales
     transaction, the motor vehicle auction company conducting the
     sale shall receive from the transferor a copy of the odometer
     mileage statement which the transferor is required by subsection
     (a) to provide to the transferee.
        (d)  Other acceptable disclosure forms.--Either an odometer
     mileage statement, approved by the United States Secretary of
     Transportation pursuant to section 1988 of the Motor Vehicle
     Information and Cost Savings Act (Public Law 92-513, 15 U.S.C. §
     1988), or a Pennsylvania ownership transfer document, approved
     by the department, which includes the odometer disclosure
     information as prescribed in subsection (a) shall be deemed to
     satisfy all the requirements for the content and form of
     odometer mileage statements. Nothing in this subsection shall
     exempt a dealer or motor vehicle auction company from the
     provisions of section 7135 (relating to odometer mileage
     statement retention).
        (d.1)  Secure power of attorney.--The department shall permit
     a licensed dealer to use a secure power of attorney to transfer
     a vehicle when the certificate of title is encumbered with a
     lien. Prior to transferring the vehicle, the dealer shall obtain
     from the transferor a secure power of attorney authorizing the
     dealer to transfer to the title all information pertaining to
     odometers that is required to be disclosed by this title and
     Federal law, in lieu of the transferor providing such
     information on the certificate of title. In addition to any
     other documents required by the department, the dealer shall
     submit to the department the following:
            (1)  If the transferred vehicle is a retail sale and is
        to be titled in this Commonwealth, the dealer shall submit
        the secure power of attorney attached to the application for
        title, along with the certificate of title and the
        established fee.
            (2)  If the transferred vehicle is to be titled outside
        of this Commonwealth, the dealer shall submit to the
        department the secure copy of the secure power of attorney
        attached to a copy of the certificate of title and the
        established fee.
            (3)  If the transferred vehicle is to be transferred to
        another licensed dealer, the first transferor dealer shall
        submit to the department the secure copy of the secure power
        of attorney attached to a copy of the certificate of title
        and the established fee.
     Additional transfers between licensed dealers shall be permitted
     in accordance with section 1113 (relating to transfer to or from
     manufacturer or dealer). No more than one secure power of
     attorney shall be utilized with the certificate of title during
     this authorized transfer process. Upon application for
     certificate of title, the secure power of attorney utilized to
     verify odometer information when the vehicle was encumbered with
     a lien shall be submitted with the certificate of title.
        (e)  Exemptions.--A transfer of any of the following types of
     motor vehicles is exempt from the requirements of this section:
            (1)  A motor vehicle having a registered gross weight of
        more than 16,000 pounds.
            (2)  A motor vehicle 10 years or older.
            (3)  An implement of husbandry.
            (4)  Special mobile equipment.
            (5)  A commercial implement of husbandry.
     (Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 7, 1994,
     P.L.820, No.115, eff. 60 days)

        1994 Amendment.  Act 115 amended subsec. (d) and added
     subsec. (d.1).
        1992 Amendment.  Act 174 amended subsec. (e).
        Cross References.  Section 7134 is referred to in section
     7136 of this title.