Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ according to state, there are certain commonalities across the nation regarding titling registration fees, taxes and drivers licenses. On LawServer you'll find federal as well as state laws on motor vehicles as well as other legal questions & Answers.
Nationals of countries that have adopted the International Road Traffic Agreement may drive their vehicles in the United States for touring purposes without U.S. license plates and drivers' licenses. Written approval from DOT is required prior to.
Vehicles imported by non-residents
Non-residents wishing to import their own vehicles should ensure they have the documents needed to avoid additional taxes. Documentation includes the bill of lading, certification of origin and other legal documents related to the vehicle. In addition the documents pertaining to the vehicle need to be in English. If the vehicle is shared by several people each signature has to be notarized. A black-and white copy of the driver's license or ID card should be included with it. If they don't have these, a Power of Attorney can be used to sign the required paperwork.
To allow an imported vehicle to be legally entitled in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular DOT standards demand that motor vehicles that are not more than 25 years old, conform to safety and bumper standards and that the producer of each vehicle affix an inscription on each vehicle that indicates that it is in compliance with these requirements.
Furthermore, motor vehicle accident attorneys concord require that all vehicles meet the air pollution emission standards. If a non-resident wants to import a car that does not meet the requirements, they will need to submit EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Vehicles Imported for Racing
The laws governing motor vehicles differ from state to state, however there are a number of commonalities nationally regarding registering vehicles and being licensed to drive. Federal laws also regulate driver and vehicle security. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for cars and equipment. This includes motor sports-related requirements.
If you plan to import an automobile racing car into the United States, the first step is to obtain prior written approval from the DOT. This is for cars that will be imported permanently or that are temporarily entered into racing.
You will need a CAMS licence and to prove that you have participated in motorsports, and have a valid need for a car. You will also have to meet other compliance requirements including fitting child restraints and 17-digit VIN plate.
The EPA will not grant you permission to import a race car into the US unless it is racing when it is entered and does not have features that make it unsafe or impractical for use on streets and highways. You will need to check box 7 on the HS-7 customs form, and then submit an EPA letter before the vehicle is cleared.
Imported Touring Vehicles for Touring
Motorists traveling to the United States as tourists from Central and South American countries which have accepted the Inter-American Convention of 1943 may use their vehicles in the United States for one year or the period of validity of their documents, whichever is shorter, without having to obtain license plates or driver's permits. However, they have to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.
Vehicles imported for touring purposes are also subject to Customs duty as well as 10% VAT, and ad valorem taxes ranging from 15 percent to 100% based on the displacement of the piston, using their book value as their base. Additionally spare parts shipped along with the vehicle are also subject to these taxes and duties. The owner of the vehicle has to be present in person.
Vehicles imported for commercial use
The law defines "motor vehicle" as any device that is capable of moving people or property and which is propelled by power other than muscular force (with the exception of (a) electric personal assistive mobility devices that are operated or driven by a person suffering from disabilities; (b) farm type tractor used for the operation of a farm business tools of husbandry, or snow plowing; (c) vehicles which are solely driven by rails or tracks and (d) all-terrain vehicles. Each state's laws may differ slightly from the definition and any vehicle that falls within the definition of the statute is subject to the state's licensing, registration, and financial responsibility laws.
The motor vehicle division of the state regulates new and used dealers manufacturers, moving companies, as well as other businesses that are related to motor vehicles. It also administers the state Lemon Law, which offers relief to consumers who can prove that they purchased an unreliable new car or truck.
The definition of a"government motor" vehicle is any vehicle that is acquired by the executive branch through purchase excess, forfeiture, commercial lease or GSA fleet lease and used for the purpose of fulfilling an agency's or organization's transportation function. This includes both domestic and foreign fleets. The term also covers any vehicle used to respond to emergencies or provide other emergency services provided by the Public Safety department. The definition excludes ambulances, private cars of police officers or firefighters, and any vehicle owned by the commissioners court in an area with more than one million residents.
