(a)
- (1) In circumstances where part A of a secure power of attorney form has been used pursuant to 4 CAR § 10-109, and if otherwise permitted by state law, a transferee may give a power of attorney to his or her transferor to review the title and any reassignment documents for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the title.
(2) The power of attorney shall be on part B of the form referred to in 4 CAR § 10-109(a), which shall contain a space for the:
- (A) Information required to be disclosed under subsections (b), (c), (d), and (e) of this section; and
- (B) In part C, a space for the certification required to be made under 4 CAR § 10-111.
(b) The power of attorney must:
- (1) Include a mileage disclosure from the transferor to the transferee;
- (2) Be signed by the transferor, including the printed name; and
(3) Contain the following information:
- (A) The odometer reading at the time of transfer (not to include tenths of miles);
- (B) The date of transfer;
- (C) The transferor’s:
(i) Name; and
(ii) Current address;
(D) The transferee’s:
- (i) Name; and
- (ii) Current address; and
(E) The identity of the vehicle, including its:
- (i) Make;
- (ii) Model;
- (iii) Year;
- (iv) Body type; and
- (v) Vehicle identification number.
- (c)
(1) In addition to the information provided under subsection (b) of this section, the power of attorney form shall:
- (A) Refer to the federal odometer law; and
(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:
- (i) Fines; and/or
- (ii) Imprisonment.
(2) Reference may also be made to applicable state law.
- (d) In addition to the information provided under subsections (b) and (c) of this section:
- (1) The transferor shall certify that to the best of his or her knowledge the odometer reading reflects the actual mileage;
- (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
(3)
(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:
- (i) Is not the actual mileage; and
- (ii) Should not be relied upon.
- (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 sign the power of attorney form and print his or her name.
- (f) The transferor shall give a copy of the power of attorney form to his or her transferee.