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motor vehicle accident attorney topeka and Answers
While laws regarding motor vehicles differ by state, there are certain similarities across the country regarding titling registration, fees, taxes, and drivers' licenses. On LawServer you'll find both state and federal laws on motor vehicles as in addition to related legal questions and answers.
Nationals of countries who have adopted the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' licenses. A written approval from DOT is required in advance.
Vehicles imported by non-residents
Non-residents wishing to import their own cars must ensure they have all the documents needed to avoid additional fees. Documentation includes the bill-of-lading certificate of origin and any other legal documents pertaining to the vehicle. All documents that pertain to the vehicle must be in English. If the vehicle is owned by more than one person each signature must be notarized with a black-and-white photocopy of their valid driver's license or ID card. If they don't have these documents a Power of Attorney may be used to sign all documents.
In order for an imported car to be considered legally titled in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular, DOT standards require that motor vehicles less than 25 years old adhere to safety and bumper standards and that the producer of each one affix an inscription on each vehicle stating that it meets these standards.
EPA regulations also stipulate that all vehicles must be compliant with air pollution emission standards. If a nonresident wishes to import a car that does not meet the requirements, they'll have to submit EPA form HS-7 and DOT form 3520-1 along with CBP to get prior approval from EPA.
Imported Race Vehicles
Motor vehicle laws differ from state to state, however, there are some similarities across the nation in registering vehicles and being licensed to drive. Safety of the driver, highway and vehicle safety are also regulated by federal laws. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sports-related requirements.
The first step to import a racing car to the United States is to get written approval from DOT. This is only required for cars which will be imported for the duration of their ownership or temporarily raced.
You'll require an CAMS licence and to prove that you've competed in motorsports and have a genuine desire for a car. You also need to meet other compliance requirements such as fitting child restraints and a 17-digit VIN plate.
The EPA will not allow you to import race cars into the US unless that car is in a race configuration at the time of entry and does not possess any features that render it unsafe or not suitable for use on highways or roads. You will have to select box 7 on the HS-7 customs form and then submit an EPA letter prior to when the vehicle is cleared.
Imported Vehicles for Touring
Motorists who are visiting the United States as tourists from Central and South American countries which have accepted 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 shorter as long as they do not need license plates or driver's licenses. However, they must to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.
Imported vehicles for touring are also subject to Customs duty of 40% and 10% VAT, as well with an ad valorem fee that ranges from 15% to 100% based on the piston displacement. Additionally, spare parts sent along with the vehicle are also subject to these duties and taxes. The owner of the car must be present in person.
Vehicles imported for commercial purpose
The law defines "motor vehicle" as any device that is capable of transporting property or people and that is driven by power other than muscular power (with the exception of (a) electric personal assistive mobility devices operated or driven by a person who has disabilities; (b) farm type tractors used 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 among states, and vehicles which do not meet the criteria for exemption are subject to licensing, registration, and financial responsibility laws of each state.
The motor vehicle division of the state is responsible for regulating dealers who sell second-hand and new cars and manufacturers, as well as moving companies and other motor vehicle-related companies. It also administers the state Lemon Law, which offers relief to consumers who prove they bought a vehicle that was defective or a 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 perform the transportation function of an agency, or activity. This encompasses both foreign and domestic fleets. The term also encompasses any vehicle used to respond to emergencies or provide other emergency services provided by the Public Safety Department. The definition excludes ambulances, private vehicles owned by police officers or firefighters and vehicles owned the commissioners court of the county of more than 1 million inhabitants.