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Chapter 5: Odometer Mileage Reporting
5.065 Secure Power of Attorney
California no longer produces a Secure Power Of Attorney (SPOA) form. However, continue to accept California SPOA until notified otherwise.
Rules Regarding the Use/Acceptance of an SPOA—Other states may use or provide SPOA forms. The following rules apply to an SPOA submitted with an application. The SPOA may be accepted when the:
- Title is unavailable at the time of sale.
- Vehicle owner was out of state at the time of sale and was given the SPOA by the other jurisdiction.
The SPOA is designed primarily to disclose the odometer mileage reading, but when an SPOA is required for odometer disclosure, it can also be used to appoint an attorney-in-fact to release/endorse the title or an Application for Replacement or Transfer of Title (REG 227) form.
Any authorized employee of a business entity appointed as the attorney-infact on the SPOA may countersign and exercise the attorney-in-fact privilege.
If an application with multiple transfers contains an SPOA for one of the transfers, the Vehicle/Vessel Transfer and Reassignment Form (REG 262) should be used for any subsequent odometer disclosures. The REG 262 and the SPOA must be submitted with the transfer documents.
An out-of-state SPOA may be submitted for odometer disclosure if a lienholder had possession of a nonresident title when a registered owner change took place. The SPOA may be from a different state than the nonresident title.
The state of origin copy of an SPOA to the address shown for the state in the Polk Manual must returned. The state of origin is the state that published the form and whose name may appear on its face. The last person completing the form must distribute the copies.