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Motor Vehicle Legal Questions and Answers
While motor vehicle laws vary from state to state, there are a few commonalities across the nation regarding titling and registration requirements, fees and taxes, and driver's licenses. On LawServer you can find federal and state laws on motor vehicles, as well as related legal questions and answers.
Nationals of countries who have ratified the International Road Traffic Agreement may drive their vehicles in the United States for touring purposes without U.S. license plates and drivers' permits. Written approval from DOT is required prior to.
Vehicles imported by non-residents
Non-residents who are planning to import their own cars must ensure that they have all the necessary documentation to avoid any additional duties. This documentation includes the bill of delivery, the certificate of origin, and 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 by more than one individual, each signature must be notarized and accompanied by a black-and white copy of their valid driver's license or ID card. If they do not have these documents, a Power of Attorney may be used to sign all the paperwork.
To be legally titled, an imported vehicle must meet the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. Particularly DOT standards demand that motor vehicles less than 25 years old, conform to safety and bumper standards and that the manufacturer of each one affix the label on each vehicle that states that it meets these requirements.
EPA regulations also stipulate that all vehicles must comply with standards for air pollution emission. If a nonresident wishes to import a vehicle that isn't in compliance with requirements, they'll have to file EPA form HS-7 and DOT form 3520-1 along with CBP to obtain prior approval from EPA.
Imported Race Vehicles
The laws governing motor vehicles differ from one state to another, but there are some universalities across the country in the process of registering the vehicle and getting the required driving license. Federal laws also regulate highway, driver and security of vehicles. The National Highway Traffic Safety Administration, within the Department of Transportation, establishes and enforces standards for vehicles and equipment. This includes motor sport-related requirements.
If you are planning to import cars for racing in the United States, the first step is to obtain prior written approval from the DOT. This is only required for cars that will be imported permanently or if they are being temporarily used in racing.
You'll require an CAMS licence and to prove that you have participated in motorsports and have a genuine desire for a car. You will also have to comply with other requirements for compliance including fitting child restraints and 17-digit VIN plate.
The EPA will not give you permission to import a race vehicle into the US unless it is in race configuration at the time of entry and has features that make it unsafe or impractical to use on roads and highways. You must select the box 7 on the HS-7 form you will be filing with 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 signed the Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. They must present EPA forms AP3520-1 as well as DOT HS-7 upon entry.
Cars imported for purposes of touring are also subject to 40% Customs duty as well as 10% VAT and ad valorem tax of 15% to 100% depending on piston displacement using their book value as the base. In addition spare parts shipped with the imported automobile are also subject to these duties and taxes. motor vehicle accident lawyer pearland of the vehicle has to be present in person.
Vehicles imported for commercial purposes
The law defines "motor vehicle" as any device that is capable of transporting property or persons and is driven by power other than muscular force and is not limited to (a) electric personal assistive mobility devices that are operated or driven by an individual with disabilities; (b) farm type tractor utilized in the operation of a farming business, implements of husbandry, or snow plowing; (c) vehicles which run solely on rails or tracks; and (d) all-terrain vehicles. The definition of "motor vehicle" may differ between states, and vehicles that do not qualify for exemptions are subject to the licensing, registration and financial responsibility laws of each state.
The motor vehicle division of the state regulates new and second-hand dealers manufacturers, moving companies, and other motor vehicle-related companies. It also oversees the state's Lemon Law which offers relief to customers who can prove that they purchased a defective car or truck.
The definition of a"government motor" vehicle includes any vehicle that has been acquired by the executive branch through purchase excess, forfeiture, commercial lease or GSA fleet lease and used to fulfill an agency's or activity's transport function. This includes both domestic and foreign ones. Furthermore the term is defined to encompass any vehicle utilized by the department of public safety when responding to emergencies or providing other emergency services. The definition excludes private vehicles of firefighters or police officers ambulances, vehicles, and other vehicles belonging to the commissioners court of a county with more than one million.