Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are some similarities nationally regarding titling and registration requirements including fees and taxes and driver’s licenses. On LawServer you’ll find federal as well as state laws governing motor vehicle accident lawsuits 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. DOT must be notified in writing of the trip.
Vehicles imported by non-residents
Non-residents who wish to import their own cars must ensure that they have all the necessary documentation to avoid any additional duties. This includes the bill of lading, the certificate of origin, and any other legal documentation that covers the vehicle. Additionally all documents that pertain to the vehicle must be in English. If the vehicle is shared by multiple people each signature has to be notarized. A black-and white copy of the driver’s license or ID card should also accompany it. If they do not have these documents, a Power of Attorney may be used to sign all the paperwork.
To be legally entitled an import vehicle, it must comply with the Department of Transportation’s (DOT) and Environmental Protection Agency’s (EPA) regulations. Particularly DOT standards demand that motor vehicles less than 25 years old adhere to safety and bumper standards, and that the manufacturer of each one affix an identification label to each vehicle stating that it meets these requirements.
Furthermore, EPA regulations require that all vehicles meet air pollution emission standards. If a nonresident wishes to import a vehicle that does not meet these requirements, they must file EPA form 3520-1 and DOT form HS-7 with CBP at the moment of entry to obtain prior approval from EPA.
Imported Racing Vehicles to Race
The laws for motor vehicles vary from state to state, however, there are a lot of similarities across the nation in registering vehicles and being licensed to drive. The safety of drivers, the highway, and vehicle safety are also subject to federal laws. 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 requirements.
The first step in importing race cars into the United States is to get written approval from DOT. This is required for cars that will be imported permanently or if they are being temporarily used in racing.
In order to qualify to be eligible, you’ll be required to possess a CAMS license and prove your motorsport experience and a genuine need for the car. You will also have to meet other requirements to be compliant such as fitting child restraints and 17-digit VIN plate.
The EPA will not give you permission to import a race car into the US unless it is in race configuration at the time of entry and has features that render it unsafe or unsuitable for use on roads or highways. You will need to select the box 7 on the HS-7 form you will be filling out with customs and submit an EPA letter of approval prior to the vehicle is cleared through customs.
Imported Vehicles for Touring
Tourists from Central and South American nations that have ratified Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. They must present EPA forms AP3520-1 as well as DOT the HS-7 at the time of entry.
Automobiles imported for tourism purposes are also subject to Customs duty, 10% VAT, and ad valorem taxes ranging from 15% to 100% depending on the displacement of pistons using their book value as their base. In addition, spare parts sent with the imported automobile are also subject to these taxes and duties. Personal presence of the car-owner is necessary.
Vehicles imported for commercial purposes
The law defines “motor vehicle” as every vehicle that can transport people or property and which is driven by power other than muscular power that is, excluding (a) electric personal assistive mobility devices operated or driven by a person suffering from a disability; (b) farm type tractor used for the operation of a farm business and implements of husbandry or snow plowing; (c) vehicles which run solely on tracks or rails; and (d) all-terrain vehicles. Each state’s statute may differ from the definition, and any nonexempt vehicle that meets the definition of the statute is subject to the state’s licensing and registration as well as financial responsibility laws.
The motor vehicle division of the state regulates new and used dealers manufacturers, moving companies, and other related businesses to motor vehicle accident law firm vehicles. It also oversees the state Lemon Law, which offers relief to consumers who prove that they bought an unreliable new car or truck.
The definition of a”government” vehicle includes any vehicle that has been acquired by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease and used to fulfill an agency’s or organization’s transportation function. This includes both domestic and foreign fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services for the Public Safety department. The definition excludes private vehicles owned by firefighters or police officers, Motor Vehicle Accident Lawsuits ambulances, and vehicles that belong to the commissioners’ court of a county having more than one million.