Motor Vehicle Legal Questions and Answers
Although the laws regarding motor vehicles differ from state to state, there are a few similarities across the country regarding titling, registration requirements along with taxes and fees and driver's licenses. On LawServer, you'll find state and federal laws on motor vehicles, as in addition to related legal questions and answers.
Nationals from countries that have ratified International Road Traffic Agreement can travel in their cars to the United States without U.S. license plates or driver's licenses. DOT must authorize the trip in writing.
Vehicles imported by non-residents
Non-residents who want to import their cars must have them fully documented to ensure that they don't have to pay additional taxes. Documentation includes the bill-of-lading certificate of origin and any other legal documents pertaining to the vehicle. The documents pertaining to the vehicle need to be in English. If the vehicle is owned by more than one person each signature has to be notarized and accompanied by a black-and white photocopy of their valid driver's license or ID card. If they don't have these documents, a Power of Attorney may be used to sign all the paperwork.
To allow an imported vehicle to be legally registered in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. DOT standards require that motor vehicles that are not older than 25 years old, conform to safety and bumper regulations and that every automobile be labeled by the manufacturer as having met these requirements.
Furthermore, EPA regulations require that all vehicles comply with air pollution emissions standards. If a nonresident wishes to import a car that does not meet the standards, they'll need to file EPA form HS-7 and DOT form 3520-1 along with CBP to get prior approval from EPA.
Vehicles Imported for Racing
The laws that govern motor vehicles vary from one state to the next, but there are some commonalities across the country when it comes down to registering the vehicle and getting an driving license. Safety of the driver, highway and vehicle safety are regulated by federal laws. motor vehicle accident lawsuit joliet within the Department of Transportation establishes and enforces national standards for cars and equipment, including various motor sport related requirements.
The first step in importing a racing car to the United States is to get written approval from DOT. This is available for cars that are being permanently imported or temporarily used for racing purposes.
To be eligible for this, you will require a CAMS license and prove your previous participation in motorsports and a real need for the vehicle. Additionally, you must meet a number of other requirements for compliance, including the fitting of child restraints and 17-digit VIN plates.
The EPA won't allow you to import race cars into the US unless that car is racing at the time of entry and does not contain any features that make it unsafe or incompatible for use on highways and roads. You will need to check box 7 on the HS-7 customs form and then submit an EPA letter prior to when the vehicle is cleared.
Imported Touring Vehicles for Touring
Tourists from Central and South American nations that have been ratified by the Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a period of one year or the validity of their documents. However, they have to present EPA forms the AP 3520-1 form and the DOT HS-7 at the time of entry.
Vehicles imported for touring purposes are also subject to a 40% Customs duty as well as 10% VAT and an ad valorem tax from 15 percent to 100% based on piston displacement using their book value as a base. These taxes and duties apply to spare parts supplied with the imported automobile. The presence of the owner of the vehicle is required.
Vehicles imported for commercial purposes
The law defines the term "motor vehicle" to be any device capable of transporting persons or property and is driven by power other than muscle power. This includes all vehicles, except for (a) electric personal mobility devices that are operated by a person who suffers from handicap, (b) farm type tractor used in the farming or agricultural business and also implements of husbandry or snow plowing, (c) vehicles that are solely driven by rails or tracks or tracks, and (d) vehicles that are all-terrain. Each state's statute may differ slightly from the definition and any vehicle that is not exempt that is deemed to be in compliance with the statutory definition is subject to the state's licensing and registration as well as financial responsibility laws.
The motor vehicle division of the state governs new and second-hand dealers manufacturers, moving companies, and other motor vehicle-related companies. It also administers the state Lemon Law, which offers relief to those who prove they bought a vehicle or truck.
The definition of a"government motor" vehicle is any vehicle that is acquired by the executive branch via purchase excess, forfeiture, commercial lease or GSA fleet lease and utilized in the performance of the transportation function. This includes both domestic fleets and foreign ones. The term also encompasses any vehicle used to respond to emergencies or provide other emergency services for the Public Safety Department. The definition excludes private vehicles used by firefighters or police officers, ambulances, and vehicles owned by the commissioners court of a county that has a population greater than 1 million.