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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are certain similarities across the country in terms of titling, registration fees, taxes, and drivers' licenses. On LawServer you'll find federal and state laws on motor vehicles as along with related legal questions and answers.
Nationals from countries that have ratified International Road Traffic Agreement can drive their cars into the United States without U.S. license plates and driver's licenses. DOT must be notified in writing of the trip.
Vehicles imported by non-residents
Non-residents who want to import their own cars must ensure that they have all the necessary documentation to avoid any additional charges. This includes the bill of delivery, the certificate of origin, as well as any other legal documents pertaining to the vehicle. The documents pertaining to the vehicle should be in English. If the vehicle is jointly owned by multiple people each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should also accompany it. If they don't possess these documents, a Power of Attorney can be used to sign the necessary documents.
To be legally titled, an imported vehicle must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular the DOT standards, motor vehicles less than 25 years of age conform to safety and bumper standards and that the maker of each such automobile affix a label on each such vehicle stating that it meets these requirements.
Furthermore, EPA regulations require that all vehicles meet the air pollution emission standards. If a non-resident wants to import an automobile that does not comply with these standards they must file EPA form 3520-1 and DOT form H-7 with CBP at the moment of entry to obtain prior approval from EPA.
Imported Vehicles for Racing
The laws that govern motor vehicles are different from one state to another, but there are some commonalities across the nation when it comes to registering the vehicle and getting an driving license. The safety of drivers, the highway, and vehicle safety are regulated by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation, establishes and enforces standards for cars and equipment. This includes motor sports-related standards.
The first step in importing racing cars to the United States is to get written approval from DOT. This is for cars that will be imported permanently or temporarily entered into racing.
In order to qualify for this, you'll need to have an CAMS license and demonstrate your past motorsport participation and a genuine need for the car. Additionally, you must meet a number of other requirements for compliance, including the use of child restraints points and 17-digit VIN plates.
The EPA won't allow you to import a race car into the US unless it is racing at the time of entry and does not possess any features that render it unsafe or incompatible for use on highways or roads. You must make sure to complete the Box 7 on the HS-7 form that you will submit to customs, and submit an EPA letter of approval before the vehicle can be cleared by customs.
Imported Vehicles for Touring
Tourists from Central and South American nations that have accepted the Inter-American Convention of 1943 are allowed to drive their cars 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 show EPA forms AP 3520-1 and DOT HS-7 at the moment of entry.
Imported motor vehicle accident lawsuit torrance for touring are also subject to customs duties of 40% and 10 percent VAT, as well with an ad valorem fee which ranges from 15% to 100% based on the piston displacement. In addition spare parts included with the imported vehicle are also subject to these taxes and duties. The presence of the owner of the vehicle is necessary.
Vehicles imported for commercial use
The law defines a "motor vehicle" to be any machine capable of transporting persons or property, and is propelled using power other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal assistance mobility devices operated by a person with a disability, (b) farm type tractor used for the farming or agricultural business, as well as implements of mowing or snow plowing, (c) vehicles that operate solely on rails or tracks and (d), all-terrain vehicles. The laws of each state may differ slightly from the definition, and any nonexempt vehicle that meets the definition of the statute is subject to the state's licensing, registration, and financial responsibility laws.
The state's motor vehicle division regulates used and new dealers manufacturing companies, moving firms, and other related businesses to motor vehicles. It also administers the state Lemon Law, which offers relief to those who prove that they bought a defective new car or truck.
The definition of a"government" vehicle includes any vehicle acquired by the executive branch through purchase excess, forfeiture, commercial lease or GSA fleet lease, and used in the performance of an agency's or activity's transport purpose. This includes both foreign and domestic fleets. Furthermore the definition of the word is to encompass any vehicle used by the department of public safety when responding to emergencies or providing other emergency services. The definition excludes private vehicles owned by firefighters or police officers ambulances, as well as vehicles belonging to the commissioners court of a county that has more than one million.