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Motor Vehicle Legal Questions and Answers
Although the laws regarding motor vehicles differ from state to state, there are some commonalities across the nation regarding titling and registration requirements along with taxes and fees and driver's licenses. On LawServer you will find federal and state laws pertaining to motor vehicles, as well as related legal Questions & Answers.
Nationals of countries who 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' permits. DOT must authorize the trip in writing.
Vehicles imported by nonresidents
Non-residents who want to import their own cars must have them fully documented to ensure that they don't incur additional duty. Documentation consists of the bill-of lading, certificate of origin and any other legal documents that pertain to the vehicle. All documents that pertain to the vehicle must 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 valid driver's license or ID card. If they don't possess these documents, a Power of Attorney can be used to sign the required documents.
In order for an imported vehicle to be legally titled in the United States, it must be in compliance with Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular the DOT standards, motor vehicles that are not more than 25 years old, conform to safety and bumper standards and that the producer of each such automobile affix an inscription on each vehicle that states that it meets these requirements.
Furthermore, EPA regulations require that all vehicles comply with air pollution emissions standards. If a non-resident wants to import a vehicle that is not in compliance with the standards, they'll need to submit EPA form HS-7 and DOT form 3520-1 along with CBP to get prior approval from EPA.
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The laws that govern motor vehicles vary from one state to another, but there are commonalities across the nation when it comes down to registering an automobile and getting an driving license. Federal laws also regulate driver and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and equipment, including many motor sports related requirements.
If you plan to import an automobile racing vehicle into the United States, the first step is to get prior written approval from the DOT. This is available for cars that are imported permanently or temporarily race-related.
You'll require an CAMS licence and to prove that you have competed in motorsports and have a real need for a car. You must also satisfy other compliance requirements, including the use of child restraints points and 17-digit VIN plates.
The EPA won't grant you permission to import a racing car into the US unless it is in race configuration during its entry and lacks features that make it unsafe or unsuitable to use on roads and highways. You must check box 7 on the HS-7 customs form and provide an EPA letter prior to when the vehicle is cleared.
Touring vehicles imported 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 drive their automobiles in the United States for one year or the validity period of their passports or less and without needing to get license plates or driver's licenses. However, they are required to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.
Imported vehicles used for touring are also subject to 40% Customs duty and 10 percent VAT, as well as an ad valorem tax which ranges from 15% to 100%, based on the piston displacement. These taxes and duties also apply to spare parts sent with the imported auto. Personal presence of the car-owner is essential.
Vehicles Imported for Commercial Purposes
The law defines the term "motor vehicle" as any device capable of transporting people or property, and is driven by power other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal mobility devices that are operated by a person who suffers from a disability, (b) farm type tractor used in the operation or farming business and also implements of mowing or snow plowing, (c) vehicles that run only on rails or tracks, and (d) vehicles with all-terrain capabilities. The definition of "motor vehicle" may differ in different states, and any vehicles that do not qualify for exemption are subject to licensing, registration and financial accountability laws of the state.
The motor vehicle division of the state regulates dealers who sell second-hand and new cars and manufacturers, as well as moving companies and other motor vehicle related businesses. It also oversees the state's Lemon Law which offers relief to those who can prove they bought the wrong vehicle or truck.
A government motor vehicle is a vehicle that has been purchased by the executive through purchase, excess, forfeiture or commercial lease, or GSA fleet leasing, and used to fulfill the transportation role of an agency or business. This encompasses both domestic fleets and foreign ones. In addition the term is defined as any vehicle that is used by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes ambulances, private cars of firefighters or police officers, and the vehicles of the commissioners court of the county of more than 1 million inhabitants.