(a)

1. (1) 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 or her 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 or her transferee for the purpose of mileage disclosure.

2. (2) The power of attorney shall:

   1. (A) 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
   2. (B) Contain, in part A, a space for the information required to be disclosed under subsections (b), (c), (d), and (e) of this section.

3. (3) If a state permits the use of a power of attorney in the situation described in 4 CAR § 10-110(a), the form must also contain, in:

   1. (A) Part B, a space for the information required to be disclosed under 4 CAR § 10-110; and
   2. (B) Part C, a space for the certification required to be made under 4 CAR § 10-111.

(b)

1. (1) 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 or her transferee a power of attorney for the purpose of mileage disclosure, must:

   1. (A) Appoint the transferee his or her attorney-in-fact for the purpose of mileage disclosure; and
   2. (B) Disclose the mileage on the power of attorney form issued by the state.

2. (2) This written disclosure must be signed by the transferor, including the printed name, and contain the following information:

   1. (A) The odometer reading at the time of transfer (not to include tenths of miles);
   2. (B) The date of transfer;
   3. (C) The transferor’s:

(i) Name; and

1. (ii) Current address;

   1. (D) The transferee’s:

      1. (i) Name; and
      2. (ii) Current address; and

   2. (E) The identity of the vehicle, including its:

      1. (i) Make;
      2. (ii) Model;
      3. (iii) Year;
      4. (iv) Body type; and
      5. (v) Vehicle identification number.
      6. (c)

2. (1) In addition to the information provided under subsection (b) of this section, the power of attorney form shall:

   1. (A) Refer to the federal odometer law; and

   2. (B) 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:

      1. (i) Fines; and/or
      2. (ii) Imprisonment.

3. (2) Reference may also be made to applicable state law.

   1. (d) In addition to the information provided under subsections (b) and (c) of this section:
4. (1) The transferor shall certify that to the best of his or her knowledge the odometer reading reflects the actual mileage;
5. (2) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he or she shall include a statement to that effect; or

6. (3)

   1. (A) 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 or she shall include a statement that the odometer reading:

      1. (i) Does not reflect the actual mileage; and
      2. (ii) Should not be relied upon.
   2. (B) 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:

1. (1) Sign the power of attorney form;
2. (2) Print his or her name; and
3. (3) Return a copy of the power of attorney form to the transferor.

(f)

1. (1) 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.

2. (2) The transferee shall submit the original power of attorney form to the state that issued it, with the application for:

   1. (A) New title; and
   2. (B) The transferor’s title.

3. (3) If the mileage disclosed on the power of attorney form is lower than the mileage appearing on the title, the:

   1. (A) Power of attorney is void; and
   2. (B) Dealer shall not complete the mileage disclosure on the title.