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Motor Vehicle Legal Questions and Answers
While the laws regarding motor vehicles vary by state, there are certain commonalities across the nation in regards to titling, registration fees, taxes and drivers' licenses. On LawServer you will find federal and state laws governing motor vehicles, as well as related legal questions & Answers.
The nationals of countries that have ratified the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' licenses. DOT must accept the trip in writing.
Vehicles imported by non-residents
Non-residents wishing to import their own cars must ensure they have all the documents needed to avoid additional taxes. This documentation includes the bill of lading, the certificate of origin, as well as any other legal documents that pertain to the vehicle. Additionally all documents that pertain to the vehicle need to 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 current driver's license or ID card. If they do not have these documents, a Power of Attorney can be used to sign the required paperwork.
To be legally entitled the vehicle that is imported must meet the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular, DOT standards require that motor vehicles less than 25 years old conform to safety and bumper standards, and that the manufacturer of each vehicle affix an identification label to each vehicle that indicates that it is in compliance with these standards.
EPA regulations also require that all vehicles meet the standards for air pollution emissions. If a non-resident wishes to import a vehicle that does not meet the requirements, they'll have to file EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.
Vehicles Imported for Racing
The laws governing motor vehicles vary from one state to the next, but there are a few similarities across the country when it comes to registering an automobile and getting an official 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 standards for cars and other equipment. This includes motor sport-related rules and regulations.
The first step to import race cars into the United States is to get written approval from DOT. This is a requirement for cars that are being permanently imported or temporarily race-related.
To be eligible for this program, you'll be required to possess a CAMS license and prove your previous motorsport participation and a genuine need for the vehicle. You must also comply with other requirements for compliance such as fitting child safety restraints and 17-digit VIN plate.
The EPA will not grant you permission to import a racing vehicle into the US unless it was race-ready when it is entered and does not have features that make it unsafe or unsuitable for use on roads or highways. You must make sure to check Box 7 of the HS-7 form you will submit to customs, and submit an EPA letter of approval before the vehicle is cleared through customs.
Touring vehicles that are imported to tour
Motorists visiting the United States as tourists from Central and South American countries which have accepted the Inter-American Convention of 1943 may drive their automobiles in the United States for one year or the period of validity of their documents, whichever is shorter as long as they do not need license plates or driver's permits. They must show EPA forms AP3520-1 and DOT the HS-7 at the time of entry.
Imported motor vehicle accident lawsuit kalamazoo used for touring are also subject to customs duty of 40% and 10 percent VAT, as well being subject to an ad valorem rate ranging from 15% to 100%, based on the piston displacement. In addition, spare parts sent in the import vehicle are also subject to these taxes and duties. Personal presence of the car-owner is essential.
Vehicles imported for commercial purpose
The law defines "motor vehicle" as any device capable of transporting people or property that is powered by something other than muscular power that is, excluding (a) electric personal assistive mobility devices that are operated or driven by an individual with a disability; (b) farm type tractor that is used for the running of a farming enterprise or implements of husbandry or snow plowing; (c) vehicles which run solely on rails or tracks; and (d) all-terrain vehicles. The laws of each state may differ from the definition and any vehicle that is not exempt that is deemed to be in compliance with the definition of the statute is subject to the state's licensing and registration as well as financial responsibility laws.
The state's motor vehicle division regulates new and used dealers manufacturing companies, moving firms, and other businesses related to motor vehicles. It also oversees the state Lemon Law, which offers relief to consumers who prove they purchased an unreliable new car or truck.
A government motor vehicle is a vehicle that is acquired by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing, and used to fulfill the transportation function of an agency, or business. This includes both foreign and domestic fleets. Additionally, the term is defined to encompass any vehicle used by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes ambulances, private vehicles of police officers or firefighters and the vehicles of the commissioners court in an area with more than 1 million residents.
