Odometer mileage to be shown on title, when--incorrect mileage onodometer, procedure--duties of director of revenue--liens on motorvehicle, release of, statement not required--penalties.
407.536. 1. Any person transferring ownership of a motorvehicle previously titled in this or any other state shall do soby assignment of title and shall place the mileage registered onthe odometer at the time of transfer above the signature of thetransferor. The signature of the transferor below the mileageshall constitute an odometer mileage statement. The transfereeshall sign such odometer mileage statement before an applicationfor certificate of ownership may be made. If the true mileage isknown to the transferor to be different from the number of milesshown on the odometer or the true mileage is unknown, a statementfrom the transferor shall accompany the assignment of title whichshall contain all facts known by the transferor concerning thetrue mileage of the motor vehicle. That statement shall become apart of the permanent record of the motor vehicle with theMissouri department of revenue. The department of revenue shallplace on all new titles issued after September 28, 1977, a boxtitled "mileage at the time of transfer".
2. Any person transferring the ownership of a motor vehiclepreviously untitled in this or any other state to another personshall give an odometer mileage statement to the transferee. Thestatement shall include above the signature of the transferor andtransferee the cumulative mileage registered on the odometer atthe time of transfer. If the true mileage is known to thetransferor to be different from the number of miles shown on theodometer or the true mileage is unknown, a statement from thetransferor shall accompany the assignment of title which shallcontain all facts known by the transferor concerning the truemileage of the motor vehicle. That statement shall become apermanent part of the records of the Missouri department ofrevenue.
3. If, upon receiving an application for registration orfor a certificate of ownership of a motor vehicle, the directorof revenue has credible evidence that the odometer readingprovided by a transferor is materially inaccurate, he may placean asterisk on the face of the title document issued by theMissouri department of revenue, provided that the processrequired thereby does not interfere with his obligations undersubdivision (2) of subsection 3 of section 301.190, RSMo. Theasterisk shall refer to a statement on the face and at the bottomof the title document which shall read as follows: "This may notbe the true and accurate mileage of this motor vehicle. Consultthe documents on file with the Missouri department of revenue foran explanation of the inaccuracy." Nothing in this section shallprevent any person from challenging the determination by thedirector of revenue in the circuit courts of the state ofMissouri. The burden of proof shall be on the director of thedepartment of revenue in all such proceedings.
4. The mileage disclosed by the odometer mileage statementfor a new or used motor vehicle as described in subsections 1 and2 of this section shall be placed by the transferor on any titleor document evidencing ownership. Additional statements shall beplaced on the title document as follows:
(1) If the transferor states that to the best of hisknowledge the mileage disclosed is the actual mileage of themotor vehicle, an asterisk shall follow the mileage on the faceof the title or document of ownership issued by the Missouridepartment of revenue. The asterisk shall reference to astatement on the face and bottom of the title document whichshall read as follows: "Actual Mileage".
(2) Where the transferor has submitted an explanation whythis mileage is incorrect, an asterisk shall follow the mileageon the face of the title or document of ownership issued by theMissouri department of revenue. The asterisk shall reference toa statement on the face and at the bottom of the title documentwhich shall read as follows: "This is not the true and accuratemileage of this motor vehicle. Consult the documents on filewith the Missouri department of revenue for an explanation of theinaccuracy." Further wording shall be included as follows:
(a) If the transferor states that the odometer reflects theamount of mileage in excess of the designed mechanical odometerlimit, the above statement on the face of the title documentshall be followed by the words: "Mileage exceeds the mechanicallimits";
(b) If the transferor states that the odometer readingdiffers from the mileage and that the difference is greater thanthat caused by odometer calibration error and the odometerreading does not reflect the actual mileage and should not berelied upon, the above statement on the face of the titledocument shall be preceded by the words: "Warning--OdometerDiscrepancy".
5. The department of revenue shall notify all motor vehicleownership transferees of the civil and criminal penaltiesinvolving odometer fraud.
6. Any person defacing or obscuring or otherwise falsifyingany odometer reading on any document required by this sectionshall be guilty of a class D felony.
7. The granting or creation of a security interest or lienshall not be considered a change of ownership for the purpose ofthis section, and the grantor of such lien or security interestshall not be required to make an odometer mileage statement. Therelease of a lien by a mortgage holder shall not be considered achange of ownership of the motor vehicle for the purposes of thissection. The mortgage holder or lienholder shall not be requiredto make an odometer disclosure statement or state the currentodometer setting at the time of the release of the lien wherethere is no change of ownership.
8. For the purposes of the mileage disclosure requirementsof this section, if a certificate of ownership is held by alienholder, if the transferor makes application for a duplicatecertificate of ownership, or as otherwise provided in the federalMotor Vehicle Information and Cost Savings Act and relatedfederal regulations, the transferor may execute a written powerof attorney authorizing a transfer of ownership. The persongranted such power of attorney shall restate exactly on theassignment of title the actual mileage disclosed at the time oftransfer. The power of attorney shall accompany the certificateof ownership and the original power of attorney and a copy of thecertificate of ownership shall be returned to the issuing statein the manner prescribed by the director of revenue, unlessotherwise provided by federal law, rule or regulation. Thedepartment of revenue may prescribe a secure document for use inexecuting a written power of attorney. The department shallcollect a fee for each form issued, not to exceed the cost ofprocuring the form.
Odometer mileage to be shown on title, when--incorrect mileage onodometer, procedure--duties of director of revenue--liens on motorvehicle, release of, statement not required--penalties.
407.536. 1. Any person transferring ownership of a motorvehicle previously titled in this or any other state shall do soby assignment of title and shall place the mileage registered onthe odometer at the time of transfer above the signature of thetransferor. The signature of the transferor below the mileageshall constitute an odometer mileage statement. The transfereeshall sign such odometer mileage statement before an applicationfor certificate of ownership may be made. If the true mileage isknown to the transferor to be different from the number of milesshown on the odometer or the true mileage is unknown, a statementfrom the transferor shall accompany the assignment of title whichshall contain all facts known by the transferor concerning thetrue mileage of the motor vehicle. That statement shall become apart of the permanent record of the motor vehicle with theMissouri department of revenue. The department of revenue shallplace on all new titles issued after September 28, 1977, a boxtitled "mileage at the time of transfer".
2. Any person transferring the ownership of a motor vehiclepreviously untitled in this or any other state to another personshall give an odometer mileage statement to the transferee. Thestatement shall include above the signature of the transferor andtransferee the cumulative mileage registered on the odometer atthe time of transfer. If the true mileage is known to thetransferor to be different from the number of miles shown on theodometer or the true mileage is unknown, a statement from thetransferor shall accompany the assignment of title which shallcontain all facts known by the transferor concerning the truemileage of the motor vehicle. That statement shall become apermanent part of the records of the Missouri department ofrevenue.
3. If, upon receiving an application for registration orfor a certificate of ownership of a motor vehicle, the directorof revenue has credible evidence that the odometer readingprovided by a transferor is materially inaccurate, he may placean asterisk on the face of the title document issued by theMissouri department of revenue, provided that the processrequired thereby does not interfere with his obligations undersubdivision (2) of subsection 3 of section 301.190, RSMo. Theasterisk shall refer to a statement on the face and at the bottomof the title document which shall read as follows: "This may notbe the true and accurate mileage of this motor vehicle. Consultthe documents on file with the Missouri department of revenue foran explanation of the inaccuracy." Nothing in this section shallprevent any person from challenging the determination by thedirector of revenue in the circuit courts of the state ofMissouri. The burden of proof shall be on the director of thedepartment of revenue in all such proceedings.
4. The mileage disclosed by the odometer mileage statementfor a new or used motor vehicle as described in subsections 1 and2 of this section shall be placed by the transferor on any titleor document evidencing ownership. Additional statements shall beplaced on the title document as follows:
(1) If the transferor states that to the best of hisknowledge the mileage disclosed is the actual mileage of themotor vehicle, an asterisk shall follow the mileage on the faceof the title or document of ownership issued by the Missouridepartment of revenue. The asterisk shall reference to astatement on the face and bottom of the title document whichshall read as follows: "Actual Mileage".
(2) Where the transferor has submitted an explanation whythis mileage is incorrect, an asterisk shall follow the mileageon the face of the title or document of ownership issued by theMissouri department of revenue. The asterisk shall reference toa statement on the face and at the bottom of the title documentwhich shall read as follows: "This is not the true and accuratemileage of this motor vehicle. Consult the documents on filewith the Missouri department of revenue for an explanation of theinaccuracy." Further wording shall be included as follows:
(a) If the transferor states that the odometer reflects theamount of mileage in excess of the designed mechanical odometerlimit, the above statement on the face of the title documentshall be followed by the words: "Mileage exceeds the mechanicallimits";
(b) If the transferor states that the odometer readingdiffers from the mileage and that the difference is greater thanthat caused by odometer calibration error and the odometerreading does not reflect the actual mileage and should not berelied upon, the above statement on the face of the titledocument shall be preceded by the words: "Warning--OdometerDiscrepancy".
5. The department of revenue shall notify all motor vehicleownership transferees of the civil and criminal penaltiesinvolving odometer fraud.
6. Any person defacing or obscuring or otherwise falsifyingany odometer reading on any document required by this sectionshall be guilty of a class D felony.
7. The granting or creation of a security interest or lienshall not be considered a change of ownership for the purpose ofthis section, and the grantor of such lien or security interestshall not be required to make an odometer mileage statement. Therelease of a lien by a mortgage holder shall not be considered achange of ownership of the motor vehicle for the purposes of thissection. The mortgage holder or lienholder shall not be requiredto make an odometer disclosure statement or state the currentodometer setting at the time of the release of the lien wherethere is no change of ownership.
8. For the purposes of the mileage disclosure requirementsof this section, if a certificate of ownership is held by alienholder, if the transferor makes application for a duplicatecertificate of ownership, or as otherwise provided in the federalMotor Vehicle Information and Cost Savings Act and relatedfederal regulations, the transferor may execute a written powerof attorney authorizing a transfer of ownership. The persongranted such power of attorney shall restate exactly on theassignment of title the actual mileage disclosed at the time oftransfer. The power of attorney shall accompany the certificateof ownership and the original power of attorney and a copy of thecertificate of ownership shall be returned to the issuing statein the manner prescribed by the director of revenue, unlessotherwise provided by federal law, rule or regulation. Thedepartment of revenue may prescribe a secure document for use inexecuting a written power of attorney. The department shallcollect a fee for each form issued, not to exceed the cost ofprocuring the form.
Odometer mileage to be shown on title, when--incorrect mileage onodometer, procedure--duties of director of revenue--liens on motorvehicle, release of, statement not required--penalties.
407.536. 1. Any person transferring ownership of a motorvehicle previously titled in this or any other state shall do soby assignment of title and shall place the mileage registered onthe odometer at the time of transfer above the signature of thetransferor. The signature of the transferor below the mileageshall constitute an odometer mileage statement. The transfereeshall sign such odometer mileage statement before an applicationfor certificate of ownership may be made. If the true mileage isknown to the transferor to be different from the number of milesshown on the odometer or the true mileage is unknown, a statementfrom the transferor shall accompany the assignment of title whichshall contain all facts known by the transferor concerning thetrue mileage of the motor vehicle. That statement shall become apart of the permanent record of the motor vehicle with theMissouri department of revenue. The department of revenue shallplace on all new titles issued after September 28, 1977, a boxtitled "mileage at the time of transfer".
2. Any person transferring the ownership of a motor vehiclepreviously untitled in this or any other state to another personshall give an odometer mileage statement to the transferee. Thestatement shall include above the signature of the transferor andtransferee the cumulative mileage registered on the odometer atthe time of transfer. If the true mileage is known to thetransferor to be different from the number of miles shown on theodometer or the true mileage is unknown, a statement from thetransferor shall accompany the assignment of title which shallcontain all facts known by the transferor concerning the truemileage of the motor vehicle. That statement shall become apermanent part of the records of the Missouri department ofrevenue.
3. If, upon receiving an application for registration orfor a certificate of ownership of a motor vehicle, the directorof revenue has credible evidence that the odometer readingprovided by a transferor is materially inaccurate, he may placean asterisk on the face of the title document issued by theMissouri department of revenue, provided that the processrequired thereby does not interfere with his obligations undersubdivision (2) of subsection 3 of section 301.190, RSMo. Theasterisk shall refer to a statement on the face and at the bottomof the title document which shall read as follows: "This may notbe the true and accurate mileage of this motor vehicle. Consultthe documents on file with the Missouri department of revenue foran explanation of the inaccuracy." Nothing in this section shallprevent any person from challenging the determination by thedirector of revenue in the circuit courts of the state ofMissouri. The burden of proof shall be on the director of thedepartment of revenue in all such proceedings.
4. The mileage disclosed by the odometer mileage statementfor a new or used motor vehicle as described in subsections 1 and2 of this section shall be placed by the transferor on any titleor document evidencing ownership. Additional statements shall beplaced on the title document as follows:
(1) If the transferor states that to the best of hisknowledge the mileage disclosed is the actual mileage of themotor vehicle, an asterisk shall follow the mileage on the faceof the title or document of ownership issued by the Missouridepartment of revenue. The asterisk shall reference to astatement on the face and bottom of the title document whichshall read as follows: "Actual Mileage".
(2) Where the transferor has submitted an explanation whythis mileage is incorrect, an asterisk shall follow the mileageon the face of the title or document of ownership issued by theMissouri department of revenue. The asterisk shall reference toa statement on the face and at the bottom of the title documentwhich shall read as follows: "This is not the true and accuratemileage of this motor vehicle. Consult the documents on filewith the Missouri department of revenue for an explanation of theinaccuracy." Further wording shall be included as follows:
(a) If the transferor states that the odometer reflects theamount of mileage in excess of the designed mechanical odometerlimit, the above statement on the face of the title documentshall be followed by the words: "Mileage exceeds the mechanicallimits";
(b) If the transferor states that the odometer readingdiffers from the mileage and that the difference is greater thanthat caused by odometer calibration error and the odometerreading does not reflect the actual mileage and should not berelied upon, the above statement on the face of the titledocument shall be preceded by the words: "Warning--OdometerDiscrepancy".
5. The department of revenue shall notify all motor vehicleownership transferees of the civil and criminal penaltiesinvolving odometer fraud.
6. Any person defacing or obscuring or otherwise falsifyingany odometer reading on any document required by this sectionshall be guilty of a class D felony.
7. The granting or creation of a security interest or lienshall not be considered a change of ownership for the purpose ofthis section, and the grantor of such lien or security interestshall not be required to make an odometer mileage statement. Therelease of a lien by a mortgage holder shall not be considered achange of ownership of the motor vehicle for the purposes of thissection. The mortgage holder or lienholder shall not be requiredto make an odometer disclosure statement or state the currentodometer setting at the time of the release of the lien wherethere is no change of ownership.
8. For the purposes of the mileage disclosure requirementsof this section, if a certificate of ownership is held by alienholder, if the transferor makes application for a duplicatecertificate of ownership, or as otherwise provided in the federalMotor Vehicle Information and Cost Savings Act and relatedfederal regulations, the transferor may execute a written powerof attorney authorizing a transfer of ownership. The persongranted such power of attorney shall restate exactly on theassignment of title the actual mileage disclosed at the time oftransfer. The power of attorney shall accompany the certificateof ownership and the original power of attorney and a copy of thecertificate of ownership shall be returned to the issuing statein the manner prescribed by the director of revenue, unlessotherwise provided by federal law, rule or regulation. Thedepartment of revenue may prescribe a secure document for use inexecuting a written power of attorney. The department shallcollect a fee for each form issued, not to exceed the cost ofprocuring the form.
