Question 1

What is the federal Truth in Mileage Act?

Accepted Answer

The Truth in Mileage Act (TIMA), passed by Congress in 1986 and codified at 49 U.S.C. § 32705, is the federal law that requires the seller of any motor vehicle to provide a written disclosure of the vehicle's odometer reading at the time of transfer. The law was enacted to combat odometer fraud — the practice of rolling back a vehicle's odometer to make it appear to have lower mileage than it actually does — which the National Highway Traffic Safety Administration (NHTSA) estimates costs American consumers more than $1 billion per year. The disclosure must be made on the title document itself or on an approved separate odometer disclosure statement, and both the seller and the buyer must sign. Knowingly providing false information is a federal crime carrying both civil and criminal penalties.

Question 2

Which vehicles are exempt from federal odometer disclosure?

Accepted Answer

Federal regulations exempt several categories of vehicles from the odometer disclosure requirement: vehicles with a gross vehicle weight rating (GVWR) over 16,000 pounds (most heavy commercial trucks), vehicles that are not self-propelled (such as trailers), new vehicles being transferred from manufacturer to dealer prior to first retail sale, and vehicles that are 10 model years old or older as of the year of transfer (a NHTSA rule effective January 1, 2021 extended this exemption period from 10 to 20 years for vehicles model year 2011 and newer). Even when a vehicle is exempt, many states still require some form of mileage notation on the title for record-keeping purposes. Always check your state DMV's specific rules.

Question 3

Can the odometer disclosure be done electronically?

Accepted Answer

Yes. In December 2019, NHTSA finalized a rule allowing states to implement electronic odometer disclosures for title transfers, which previously had to be done in writing on paper. This change has dramatically simplified online title transfers and dealer-to-dealer transactions. To accept electronic disclosures, a state must have an electronic title and registration system that meets NHTSA's security and authentication standards, and as of 2024 most states have either implemented or are in the process of implementing electronic disclosure. Even where electronic disclosure is allowed, both the seller and the buyer must still verify the mileage and provide their digital signatures, and the records must be retained for at least five years.

Question 4

What does 'exceeds mechanical limits' mean on an odometer disclosure?

Accepted Answer

The 'exceeds mechanical limits' option is selected when a vehicle's actual mileage is greater than the mechanical capacity of its odometer to display. Many older vehicles have five-digit odometers that 'roll over' to zero after 99,999 miles, meaning a 30-year-old car showing 45,000 miles on the odometer might actually have 145,000 or 245,000 miles. By checking the 'exceeds mechanical limits' box, the seller is putting the buyer on notice that the displayed reading is not the actual total mileage. This option is much less common today because virtually all modern vehicles have six-digit odometers and digital displays that can record up to 999,999 miles or more.

Question 5

When should I check the 'not actual mileage' box?

Accepted Answer

The 'not actual mileage' box should be checked whenever the seller cannot certify that the displayed odometer reading represents the actual total miles the vehicle has traveled. Common reasons to use this category include: the odometer is broken or non-functional, the odometer has been replaced (with or without recalibration), the displayed reading is clearly inaccurate due to tampering by a previous owner, or the seller simply does not know the true mileage. Selecting 'not actual mileage' is not an admission of fraud — it is the legally required honest disclosure when the actual mileage cannot be verified. A vehicle marked 'not actual mileage' will typically have its title branded, which can affect resale value but protects future buyers.

Question 6

What are the penalties for odometer fraud?

Accepted Answer

Odometer fraud is a serious federal crime under 49 U.S.C. § 32709. Civil penalties include statutory damages of three times actual damages or $10,000, whichever is greater, plus attorney's fees, on a per-violation basis. Criminal penalties include fines of up to $250,000 for individuals and $500,000 for corporations, plus imprisonment for up to three years per violation. State penalties can add additional fines, license revocation, and civil claims. NHTSA, state attorneys general, and consumer protection prosecutors actively pursue odometer fraud cases, and dealers found rolling back odometers can lose their dealer licenses permanently. Even private sellers who knowingly provide false mileage information can be prosecuted.

Question 7

Do I need an odometer disclosure for a private party sale?

Accepted Answer

Yes. Federal law applies to any motor vehicle transfer between a transferor (seller) and a transferee (buyer), regardless of whether the seller is a licensed dealer or a private individual. For private party sales, the disclosure is typically made on the back of the title certificate in a designated section, but a separate odometer disclosure statement can be used in states where the title does not include a disclosure block or where additional documentation is required. Private sellers are subject to the same legal duties and the same penalties as dealers. The buyer should always insist on a signed odometer disclosure before paying for the vehicle and submitting the title transfer to the DMV.

Question 8

How long do I need to keep the odometer disclosure?

Accepted Answer

Both the seller and the buyer should retain a copy of the signed odometer disclosure statement for at least five years from the date of the transfer. Federal regulations specifically require dealers to retain odometer disclosures for five years and to make them available for inspection by NHTSA or state authorities upon request. Private sellers and buyers are not subject to the five-year retention requirement, but keeping the disclosure protects both parties in case of a future dispute. Buyers in particular should keep the disclosure with their title and registration documents in case they later want to sell the vehicle and need to confirm the mileage at the time of purchase.

Question 9

Can I use a separate form instead of the title document?

Accepted Answer

Yes, in many situations. A separate odometer disclosure statement is required when the title is being held by a lender (out-of-state lien holder), the title has no designated disclosure space, the title is lost and a duplicate is being applied for, or the state allows electronic title transactions where the disclosure is captured separately. NHTSA approves separate odometer disclosure forms as long as they capture the same information that would be required on the title itself: vehicle identification, current mileage, mileage category (actual / exceeds mechanical limits / not actual), date of transfer, seller and buyer signatures, and printed names. Our template meets these federal requirements and can be used in any state.

Question 10

What is the rule for vehicles model year 2011 and newer?

Accepted Answer

In 2019, NHTSA extended the federal odometer disclosure requirement from 10 years to 20 years, but only for vehicles with a model year of 2011 or newer. This means a 2011 vehicle is required to have a disclosure until model year 2031, while a 2010 or earlier vehicle is exempt after the 10-year window. The change reflects the fact that modern vehicles last much longer than older vehicles and odometer fraud remains a significant issue for vehicles 10-20 years old. Sellers and buyers should always check the model year against the rules in effect at the time of transfer rather than relying on the older 10-year exemption.

Question 11

Does the buyer need to sign the odometer disclosure?

Accepted Answer

Yes. Federal law requires both the seller (transferor) and the buyer (transferee) to sign the odometer disclosure at the time of transfer. The seller signs to certify the mileage and the buyer signs to acknowledge receipt of the disclosure. If the buyer fails to sign at the time of sale and later disputes the mileage, the seller may face liability for an incomplete disclosure. Both parties should print their full legal names beneath their signatures and include the date of the transaction. For dealer transactions, the disclosure is usually integrated into the dealer paperwork and signed at the same time as the bill of sale and title application.

Question 12

What should I do if I suspect odometer fraud after buying a vehicle?

Accepted Answer

If you believe a vehicle's odometer has been rolled back or otherwise tampered with, you have several options. First, gather evidence — vehicle history reports from CARFAX or AutoCheck often show inconsistent mileage readings from prior service records, smog checks, or title transfers. Second, file a complaint with NHTSA's Office of Odometer Fraud Investigation, your state attorney general's consumer protection division, and the dealer's licensing agency if the seller was a dealer. Third, consider sending a demand letter to the seller seeking rescission of the sale or damages. Fourth, consult a consumer protection attorney about filing a civil lawsuit under TIMA, which entitles successful plaintiffs to treble damages (three times actual damages) or $10,000 per violation, plus attorney's fees.

Category	Meaning	When to Use
Actual Mileage	Reading reflects the true total miles	Default for most modern vehicles
Exceeds Mechanical Limits	Real mileage is greater than the odometer can display	Older 5-digit odometers that have rolled over
Not Actual Mileage	True mileage cannot be verified	Broken or replaced odometer; tampering suspected

Free Odometer Disclosure Statement Forms

What Is an Odometer Disclosure Statement?

Federal Law

Protects Buyers

Protects Sellers

Form Preview

Types of Odometer Disclosures

Mileage Categories Explained

How to Complete an Odometer Disclosure

Gather Vehicle Information

Read the Odometer

Choose the Mileage Category

Identify the Parties

Date the Form

Sign in Wet Ink (or Approved E-Signature)

Retain Copies

Key Components

Vehicle Exemptions

NHTSA 20-Year Rule

Penalties for Odometer Fraud

Civil Damages

Criminal Fines

Imprisonment

Dealer License Loss

Sample Odometer Disclosure Statement

FEDERAL ODOMETER DISCLOSURE STATEMENT

Frequently Asked Questions

Official Resources

Create your Odometer Disclosure Statement in under 10 minutes.