What Motor Vehicle Case Experts Want You To Know
Motor Vehicle Legal Questions and Answers
Although motor vehicle laws vary by state, there are certain similarities across the United States regarding titling registration and fees, taxes and drivers' licenses. On LawServer you can find federal and state laws pertaining to motor vehicles as well as other legal questions & Answers.
Nationals from countries that have ratified International Road Traffic Agreement can travel in their cars to the United States without U.S. driver's licenses and license plates. motor vehicle accident law firm eugene must approve the trip in writing.
Vehicles imported by non-residents
Non-residents who are planning to import their personal vehicles should have them documented to ensure that they don't pay additional duty. This includes the bill of lading and the certificate of origin, as well as any other legal documentation that covers the vehicle. In addition, all documents pertaining to the vehicle must be in English. If the vehicle is owned jointly by a number of people each signature has to be notarized. A black-and-white copy of the driver's license or ID card must be included with it. If they don't possess these documents, a Power of Attorney can be used to sign the necessary paperwork.
To allow an imported car to be considered legally titled in the United States, it must meet the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. The DOT standards demand, in particular, that motor vehicles that are not older than 25 years must conform to safety and bumper regulations and that every automobile be identified by the manufacturer as satisfying these requirements.
Additionally, EPA regulations require that all vehicles meet the air pollution emission standards. If a nonresident wants to import a car that does not meet the standards, they must to file EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.
Vehicles Imported for Racing
Motor vehicle laws vary between states, however, there are a lot of commonalities across the country regarding registering vehicles and being licensed to drive. Federal laws also regulate highway, driver and vehicle security. The National Highway Traffic Safety Administration within the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sports-related rules and regulations.
If you are importing cars for racing in the United States, the first step is to obtain prior written approval from the DOT. This is only available for cars that are being permanently imported or temporarily entered for racing.
To be eligible for this, you'll be required to possess a CAMS license as well as prove your past motorsport participation and a real need for the car. You must also meet a number of other requirements for compliance, such as the fitting of child restraints and 17-digit VIN plates.
The EPA will not permit you to import race cars into the US in the event that the car is racing at the time of entry and does not have any features that would make unsafe or unsuitable for use on highways and roads. You must check box 7 on the HS-7 customs form and provide an EPA letter prior to when the vehicle is cleared.
Vehicles Imported for Touring
Motorists visiting the United States as tourists from Central and South American countries which have ratified the Inter-American Convention of 1943 may drive their vehicles in the United States for one year or the validity period of their documents or the shorter period and without needing to get license plates or driver's licenses. However, they have to show EPA forms AP 3520-1 and DOTHS-7 at the moment of entry.
Cars imported for purposes of touring are also subject to a 40% Customs duty, 10% VAT and ad valorem tax of 15% to 100% depending on the displacement of the piston using their book value as the base. Additionally spare parts that are shipped with the imported vehicle are also subject to these taxes and duties. The owner of the car must be present in the presence of a person.
Vehicles Imported for Commercial Purposes
The law defines the term "motor vehicle" to be any machine capable of transporting persons or property and is propelled using power other than muscle power. This is true for all vehicles, with the exception for (a) electric personal assistance mobility devices used by a person who suffers from handicap, (b) farm type tractor used for the farming or agriculture business and implements of husbandry or snow plowing, (c) vehicles that run solely on rails and tracks or tracks, and (d) vehicles with all-terrain capabilities. The definition may vary slightly between states, and the vehicles that do not qualify for exemption are subject to licensing, registration, and financial responsibility laws of each state.
The motor vehicle department of the state oversees used and new dealers manufacturers, moving companies, and other motor vehicle related businesses. It also oversees the state's Lemon Law which offers relief to customers who can prove they bought a defective car or truck.
The definition of a"government motor" vehicle is any vehicle purchased by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease, and used for the purpose of fulfilling an agency's or organization's transportation purpose. This includes both domestic fleets as well as foreign ones. The term also encompasses any vehicle that is used to respond to emergencies or provide other emergency services provided by the Public Safety department. The definition excludes private vehicles of police officers or firefighters, ambulances, and vehicles owned by the commissioners court of a county having more than 1 million.