Guidance for the Acceptance of Signatures on Physical Odometer Disclosure Statements

Since the early 1970s, federal law has required the use of odometer disclosure statements for the buying and selling of many motor vehicles to deter odometer fraud. These statements were required to be completed on secure paper documents and signed by the transferor and transferee with the use of handwritten, wet ink, printed names, and signatures. This was intended to provide a secure mechanism for acknowledging this disclosure and provide the opportunity for investigators to examine the signature at a later date for authenticity in cases of alleged forgery or fraud.

Technological advances with the use of electronic signatures and the ability to digitally scan physical documents have allowed for more efficient and secure methods to move documents, information, and data. These advances in technology have also provided the ability for electronic titling and electronic vehicle record management, which many motor vehicle agencies (MVAs) have taken advantage of in some form or another.

In 2019, the National Highway Traffic Safety Administration (NHTSA) issued a final rule allowing for the use of electronic signatures on electronic odometer statements incorporated within an electronic title record or power of attorney (POA). Although this rule allows for MVAs to move forward with fully electronic processes, it is understood that it will take time and resources for most MVAs to develop and fully implement these processes. It could be many years before the majority of MVAs have these fully electronic titling and vehicle record management processes in place. This transition from manual paper document processing to electronic digital processing has brought about hybrid vehicle titling approaches such as the ability to apply electronic signatures to physical odometer disclosure statements. Because of the ability exists to sign documents in this manner,
MVAs are questioning their role and responsibility in reviewing these statements for compliance with federal
and jurisdictional laws and rules.

These concerns and questions were brought forward by the AAMVA Vehicle Standing Committee in October
2022 with a request for guidance on acceptance of electronically or digitally affixed signatures on physical
odometer disclosure statements. A subgroup of committee members was assembled that researched
and reviewed applicable federal laws, rules, acts, and interpretations. The following is the result of this work, which is a compilation of guidelines for jurisdictions to aid them in their decision making for acceptance of physical odometer disclosure statements.
Download