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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 including fees and taxes and driver's licenses. Here on LawServer you will find federal and state laws pertaining to motor vehicles as well as related legal questions & Answers.
Nationals of countries that have ratified International Road Traffic Agreement can drive their vehicles to the United States without U.S. driver's licenses or license plates. DOT must accept the trip in writing.
Vehicles Imported by Nonresidents
Non-residents who want to import their own cars must make sure they have the documents needed to avoid additional charges. Documentation includes the bill-of-lading certificate of origin, and any other legal documents related to the vehicle. Additionally, 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 photocopy of their current driver's license or ID card. If they do not have these documents, a Power of Attorney may be used to sign all documents.
To be legally entitled, an imported vehicle must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards demand specifically that motor vehicles that are not older than 25 years of age conform to safety and bumper regulations, and that each automobile be identified by the manufacturer as having met these standards.
EPA regulations also stipulate that all vehicles comply with standards for air pollution emission. If a non-resident wishes to import a car which does not meet 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.
Vehicles Imported for Racing
Motor vehicle laws differ from state to state however, there are some similarities across the nation in registering vehicles and being licensed to drive. Highway, driver and vehicle safety are regulated by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and other equipment, which includes a number of motor sport related regulations.
The first step to import racing cars into the United States is to get written approval from DOT. This is only required for cars that will be imported permanently or that are temporarily entered into racing.
You'll need an CAMS licence and to prove that you have competed in motorsports and that you have a legitimate desire to own a car. You will also need to satisfy a variety of other compliance requirements, including the fitting of child restraints and 17-digit VIN plates.
The EPA won't grant you permission to import a racing vehicle into the US unless it is racing when it is entered and does not have features that make it unsafe or unsuitable to use on roads and highways. You will need to check box 7 on the HS-7 customs form and provide an EPA letter before the vehicle is cleared.
Imported Vehicles for touring
Tourists from Central and South American nations that have ratified Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a period of one year, or the validity of their documents. However, they have to present EPA forms the AP 3520-1 form and the DOT HS-7 at the moment of entry.
motor vehicle accident lawsuit fort collins imported for touring purposes are also subject to Customs duty as well as 10% VAT, and ad valorem tax of 15 percent to 100% based on the displacement of the piston, using their book value as the basis. In addition spare parts shipped with the imported vehicle are also subject to these duties and taxes. Personal presence of the car-owner is essential.
Vehicles imported for commercial use
The law defines the term "motor vehicle" to mean any device capable of transporting people or property, and that 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 has handicap, (b) farm type tractor used in farming or agriculture business and also implements of snow plowing or grooming, (c) vehicles that run only on rails or tracks and (d) vehicles that are all-terrain. The definition can differ among states, and vehicles that aren't eligible for exemptions are subject to the registration, licensing and financial accountability laws of the state.
The motor vehicle division of the state regulates dealers of second-hand and new vehicles manufacturers, moving companies, and other motor vehicle-related companies. It also oversees the state's Lemon Law which offers relief to those who can prove that they purchased the wrong vehicle or truck.
A government motor vehicle is any vehicle that was acquired by the executive through purchase, excess, forfeiture or commercial lease or GSA fleet leasing, and is used to fulfill the transportation function of an agency, or business. This includes both foreign and domestic fleets. The term also covers any vehicle that is used to respond to emergencies or provide other emergency services for the department of Public Safety. The definition excludes private vehicles owned by firefighters or police officers ambulances, as well as vehicles belonging to the commissioners court of a county having more than 1 million.