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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are some commonalities across the country in terms of titling, registration fees, taxes and drivers' licenses. On LawServer, you'll find federal and state laws regarding motor vehicles as in addition to related legal questions and answers.
Nationals of countries who have accepted the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' licenses. motor vehicle accident attorney berkeley written approval from DOT is required in advance.
Vehicles imported by nonresidents
Non-residents wishing to import their own cars must make sure they have the documents needed to avoid additional duties. Documentation consists of the bill-of lading, the certificate of origin and any other legal documents pertaining to the vehicle. The documents pertaining to the vehicle should be in English. If the vehicle is owned by more than one person 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 documents, a Power of Attorney may be used to sign all the paperwork.
To be legally titled the vehicle that is imported must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards require particularly that vehicles not older than 25 years conform to the safety and bumper requirements, and that each automobile be branded by the manufacturer as meeting these standards.
EPA regulations also require that all vehicles be compliant with air pollution emission standards. If a nonresident wants to import a vehicle that isn't in compliance with standards, they must to submit EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Imported Racing Vehicles
The laws that govern motor vehicles vary from one state to another, but there are a few commonalities across the country when it comes to registering an automobile and getting an official driving license. The safety of drivers, the highway, and vehicle safety are also subject to federal laws. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sports-related rules and regulations.
The first step to import racing vehicles to the United States is to get written approval from DOT. This is for cars that will be imported permanently or if they are being temporarily used in racing.
You'll need an CAMS license and proof that you've participated in motorsports and have a real need for a vehicle. Additionally, you must comply with a range of other compliance requirements, including the use of child restraints points and 17-digit VIN plates.
The EPA will not allow you to import a race car into the US in the event that the car is in a race configuration at the time entry and doesn't have any features which make unsafe or unsuitable for use on roads and highways. You will have to select box 7 on the HS-7 customs form and submit an EPA letter before the vehicle is cleared.
Imported Vehicles for Touring
Motorists who visit the United States as tourists from Central and South American countries which have signed 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 or the shorter period and without needing to get license plates or driver's permits. However, they are required to show EPA forms the AP 3520-1 form and the DOT HS-7 at the moment of entry.
Imported vehicles used for touring are also subjected to Customs duty of 40% and 10% VAT, as well as an ad valorem rate that ranges from 15% to 100% based on piston displacement. These taxes and duties also apply to spare parts that are included in the imported vehicle. The owner of the vehicle has to be present in the presence of a person.
Vehicles imported for commercial purposes
The law defines a "motor vehicle" to mean any device capable of transporting persons or property, and that is powered by something other than muscle power. This is true for all vehicles, with the exception for (a) electric personal mobility devices operated by a person with disabilities, (b) farm type tractor used in operation or farming business as well as equipment of snow plowing or grooming, (c) vehicles that run only on rails or tracks and (d) vehicles that run on all-terrain surfaces. Every state's law may differ from the definition and any nonexempt vehicle that falls within the statutory definition is subject to the state's licensing and registration laws, as well as financial responsibility laws.
The motor vehicle department of the state oversees dealers who sell second-hand and new cars as well as manufacturers, moving companies and other motor vehicle-related businesses. It also oversees the state Lemon Law, which offers relief to those who prove that they purchased a defective new car or truck.
A government motor vehicle is any vehicle that has been acquired by the executive through the purchase, forfeiture, or excess or commercial lease or GSA fleet leasing, and is used to carry out the transportation purpose of an agency or business. This includes both domestic and foreign fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services by the Public Safety department. The definition excludes ambulances, private vehicles owned by police officers or firefighters, and any vehicle owned by the commissioners court in a county with more than one million residents.