VIN Report May 2011
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Oklahoma Used Motor Vehicle And Parts Commission The VIN Report MAY 2011 '-0 r-l • r-l 00 ON <:::1"- N LCl :2:0 Upcoming Commission Meetings May 10 June 14 July 12 August 9 Meetings begin at 10:30am Education Program Dates May 9 June 13 July 11 August 8 9:00am - 12:30pm Call for Reservations (405) 521-3600 COMMISSIONER APPOINTMENTS John Longacre, Taft Motors, and Crown Chrysler, Bristow, Oklahoma, has been re-appointed by Governor Fallin to continue as Commission Chariman. Terry Shreve, Shreve Truck Sales, Barnsdall, Oklahoma has been appointed as Com-missioner for the Third Congressional District. Both have been confirmed by the Senate and are now serving on the Commission. NMVTIS The United States Department of Justice has implemented a national data-base of vehicles titled in the various states. Every state except Illinois and the Dis-trict of Columbia is either currently providing information or in the process of set-ting up to provide the information to NMVTIS (National Motor Vehicle Title Infor-mation System). Additionally, insurance companies, salvage pools, salvage deal-ers and automotive crushers are to be involved in this system. The purpose of the system is to provide a national database which can be used by consumers to ob-tain vehicle histories and used by law enforcement agencies investigating stolen vehicles, odometer, and title fraud. The system is required to be self funded, so reporting and obtaining information is fee based. Any business buying or selling more than five (5) total loss or salvage vehi-cles per year is required to provide information. This can be done by sending your information to a data collecting service. There are several that do this for a fee. The American Association of Motor Vehicle Administrators (AAMVA) is listed as a no cost direct reporting service. To obtain more information on this, go to the NMVTIS website. The penalty for failing to report as required is One Thousand Dollars ($1,000.00) per occurrence. Anyone can obtain information about a particular vehicle by going to one of the providers and paying a fee for the information, similar to AutoCheck or CAR-FAX. This agency does not require any of its licensees to participate in this sys-tem as part of its licensing requirements nor does it access any fines for failure to report. NMVTIS is solely a federal program. We are merely passing along informa-tion about NMVTIS because of inquiries we have had concerning the program and whether a business is required to participate. Used Motor Vehicle And Parts Commission 2401 NW 23rd Street. Suite 57 Oklahoma City, OK 73107 Phone 405-521-3600 www.umvpc.ok.gov Fax 405-521-3604 Page 2 The VIN Report MAY 2011 ODOMETER LAW Complaints about odometer problems come to this agency from both dealers and consumers. The complaints range from a dealer inadvertently stating the mileage incorrectly, to someone in the chain of ownership intentionally misrepresenting the mileage of a vehicle. The purpose of this article is to provide accurate information concerning odometer law and rules so that lack of knowledge of the legal require-ments cannot be used as an excuse for not following the law. Odometer law originated from legislation passed by the federal government, using the rationale that the resale of automobiles affects interstate commerce. The federal law thus prevails over any conflict-ing state's laws, although now all states' laws essentially mirror the federal law. The odometer laws apply to all transferors, whether the transferor is a dealer or an individual. The Commission has investigated odometer fraud cases against both dealers and individuals. If you know or suspect someone of engaging in odometer fraud, contact us, either by phone or letter. We will investigate. We will investigate anyone. Our investigation, which involved the largest number of vehicles of any case we have investigated and which caused the perpetrator to go to federal prison for over four years, was against a former Chairman of the Commission, 8ill Satterfield, appointed by then Governor Frank Keating. The attorney from the Department of Justice who prosecuted the case said it was the most satisfying prosecution of his career. Certain vehicles are exempt from the odometer disclosure requirements: 1) a vehicle having a gross vehicle weight of more than 16,000 pounds; 2) a vehicle that is not self-propelled; 3) a vehicle that was manufactured in a model year beginning at least ten years before January 1 of the calendar year in which the transfer occurs; 4) a vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications; 5) a transferor of a new vehicle prior to its first transfer for purposes other than resale; 6) a lessor of any of the vehicles in 1)-5) above. The state of Oklahoma adds: 1) an all-terrain vehicle; 2) a motorcycle used exclusively off-road; and, 3) a utility vehicle. The Oklahoma exceptions are authorized because each of the exceptions are not "motor vehicles" according to federal or state law. Odometer disclosure statements are required for all other motor vehicles. Federal law states that the odometer disclosure statement on a certificate of title is the "official" disclosure statement and requires that the statement be on secure paper. The part of the odometer law that is most often not complied with is the replacement of odometers. Odometer replacement is also the most common method used to perpetrate odometer fraud. An odometer is "broken" so the instrument cluster is replaced with one purchased from a salvage. The salvage cluster is put in the vehicle. 8y some fortuitous circumstance, the replacement odometer registers fewer miles than the old one did. The dealer who replaced the odometer then sells the vehicle and does an odometer state-ment with the new mileage and states that it is "true miles unknown". This has been determined by courts to be fraudulent and subjects the offender to potential prison time. This was one of the types of fraud en-gaged in by Mr. Satterfield. The proper method of odometer repair and replacement is to repair the odometer and set the re-paired odometer to read the same miles as the odometer read before the repair, assuming that the mile-age reading was accurate before the odometer broke. If the odometer is replaced and the mileage cannot be reset at the correct reading before the odometer broke, the new odometer is set to O. After service, re-pair or replacement of the odometer, a notice is permanently affixed to the driver's side door frame. It is usually placed on the middle "8" pillar. The notice must specify the mileage before the service, repair or replacement of the odometer and the date of the service, repair or replacement. It is advisable that the name of the party performing the service, repair or replacement also be included. Removal of the notice is prohibited. The next time you have a question about an odometer problem, call us. Taking the easy way out will probably be wrong and may subject you to buying the vehicle back at some time in the future and could cause you to have to defend yourself, civilly and/or criminally, in court.
|Okla State Agency||Used Motor Vehicle and Parts Commission, Oklahoma|
|Okla Agency Code||'755'|
|Title||VIN report : the vehicle industry news report.|
|Authors||Oklahoma Used Motor Vehicle and Parts Commission.|
|Publisher||Oklahoma Used Motor Vehicle and Parts Commission|
|Publication Date||2008; 2009; 2010; 2011|
|Serial holdings||Electronic holdings begin with 2008|
Automobiles--Registration and transfer--Oklahoma--Periodicals.
Motor vehicles--Registration and transfer--Oklahoma--Periodicals.
|OkDocs Class#||M2400.6 V766|
|Digital Format||PDF, Adobe Reader required|
|ODL electronic copy||Downloaded from agency website: http://www.umvpc.state.ok.us/|
|Rights and Permissions||This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders.|