Home Table of Contents

006.05.404-9. Disclosure of Odometer Information by Power of Attorney.

AR ADC 006.05.404-9Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 404. 1995-1 Odometer Disclosure Requirements
Ark. Admin. Code 006.05.404-9
006.05.404-9. Disclosure of Odometer Information by Power of Attorney.
(a) If the transferor's title is physically held by a lienholder, or if the transferor to whom the title was issued by the state has lost his title and the transferee obtains a duplicate title on behalf of the transferor, and if otherwise permitted by state law, the transferor may give a power of attorney to his transferee for the purpose of mileage disclosure. The power of attorney shall be on a form issued by the state to the transferee that is set forth by means of a secure printing process or other secure process, and shall contain, in part A, a space for the information required to be disclosed under paragraphs (b), (c), (d), and (e) of this section. If a state permits the use of a power of attorney in the situation described in Section 10 (a), the form must also contain, in part B, a space for the information required to be disclosed under Section 10 and, in part C, a space for the certification required to be made under Section 11.
(b) In connection with the transfer of ownership of a motor vehicle, each transferor to whom a title was issued by the state whose title is physically held by a lienholder or whose title has been lost, and who elects to give his transferee a power of attorney for the purpose of mileage disclosure, must appoint the transferee his attorney-in-fact for the purpose of mileage disclosure and disclose the mileage on the power of attorney form issued by the state. This written disclosure must be signed by the transferor, including the printed name, and contain the following information:
(1) The odometer reading at the time of transfer (not to include tenths of miles);
(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address; and
(5) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number.
(c) In addition to the information provided under paragraph (b) of this section, the 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 State may result in fines and/or imprisonment. Reference may also be made to applicable State law.
(d) In addition to the information provided under paragraphs (b) and (c) of this section;
(1) The transferor shall certify that to the best of his knowledge the odometer reading reflects the actual mileage; or
(2) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or
(3) If the transferor knows that the odometer reading differs from the mileage and that the difference is greater than that caused by a calibration error, he shall include a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
(e) The transferee shall sign the power of attorney form, print his name, and return a copy of the power of attorney form to the transferor.
(f) Upon receipt of the transferor's title, the transferee shall complete the space for mileage disclosure on the title exactly as the mileage was disclosed by the transferor on the power of attorney form. The transferee shall submit the original power of attorney form to the State that issued it, with the application for new title and the transferor's title. If the mileage disclosed on the power of attorney form is lower than the mileage appearing on the title, the power of attorney is void and the dealer shall not complete the mileage disclosure on the title.
Current with amendments received through January 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.404-9, AR ADC 006.05.404-9
End of Document