Motor Vehicle Legal Questions and Answers
While the laws regarding motor vehicles vary by state, there's certain commonalities across the nation in regards to titling, registration fees, taxes, and drivers licenses. On LawServer you can find federal and state laws governing
motor vehicle accident lawyer vehicles as well as other legal Questions & Answers.
Nationals from countries that have ratified International Road Traffic Agreement can drive their cars to the United States without U.S. driver's licenses or license plates. DOT must accept the trip in writing.
Vehicles Imported by Nonresidents
Non-residents who wish to import their own cars must make sure they have the documents needed to avoid additional taxes. This includes the bill of lading and the certificate of origin, as well as any other legal documentation that covers the vehicle. The documents pertaining to the vehicle need to be in English. If the vehicle is owned by more than one individual, each signature must be notarized and accompanied by a black-and-white photocopy of their current driver's license or ID card. If they don't have these, a Power of Attorney can be used to sign the required documents.
To allow an imported vehicle to be legally titled in the United States, it must meet the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. The DOT standards demand that
motor vehicle accident law firm vehicles not older than 25 years conform to the safety and bumper requirements and that each vehicle be branded by the manufacturer as having met these standards.
Additionally, EPA regulations require that all vehicles meet air pollution emission standards. If a non-resident wants to import an automobile that does not meet these standards and is not registered, they must file EPA form 3520-1 as well as DOT form HS-7 with CBP at the moment of entry to get prior approval from EPA.
Imported Racing Vehicles to Race
The laws governing motor vehicles vary from state to the next, but there are similarities across the country when it comes down to registering vehicles and obtaining the required driving license. Federal laws also regulate the safety of drivers, highways and vehicle security. The National Highway Traffic Safety Administration, within the Department of Transportation, establishes and enforces standards for cars and other equipment. This includes motor sport-related rules and regulations.
The first step to import race cars to the United States is to get written approval from DOT. This is required for vehicles that are imported permanently or temporarily entered for racing purposes.
You'll require an CAMS license and proof that you have competed in motorsports and have a real need for a car. Additionally, you must meet a number of other requirements to be compliant, such as the fitting of child restraints and 17-digit VIN plates.
The EPA won't allow you to import a race car into the US unless the car is racing at the time of entry and does not contain any features that make it unsafe or not suitable for use on highways or roads. You must select box 7 on the HS-7 customs form and 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 signed 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 are required to show EPA forms such as AP3520-1 and DOTHS-7 at the time of entry.
Vehicles imported for touring purposes are also subject to a 40% Customs duty, 10% VAT and ad valorem tax from 15 percent to 100% based on piston displacement using their book value as their base. These taxes and duties apply to spare parts shipped with the vehicle imported. The car owner must be present in the presence of a person.
Vehicles Imported for Commercial Purposes
The law defines a "motor vehicle" to be any device capable of transporting persons or property, and which is powered by something other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal mobility devices that are operated by a person with disabilities, (b) farm type tractor used in farming or agriculture business and implements of mowing or snow plowing, (c) vehicles that run only on rails or tracks or tracks, and (d) vehicles with all-terrain capabilities. The laws of each state may differ slightly from the definition and any vehicle that is not exempt that meets the statutory definition is subject to the state's licensing, registration, and financial responsibility laws.
The motor vehicle division of the state regulates used and new dealers manufacturers, moving companies and other businesses related to motor vehicles. It also oversees the state Lemon Law, which offers relief to consumers who prove that they bought a vehicle that was defective or a 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 utilized to carry out an agency's or activity's transportation purpose. This includes both domestic fleets as well as foreign ones. In addition the definition of the word is to include any vehicle used by the department of public security in responding to emergencies or providing other emergency services. The definition excludes private vehicles owned by police officers or firefighters ambulances, police vehicles, and any other vehicle that are owned by the commissioners court of a county that has a population greater than 1 million.