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Motor Vehicle Legal Questions and Answers

While the laws regarding motor vehicles vary by state, there are certain similarities across the United States in regards to titling, registration fees, taxes and drivers licenses. Here on LawServer you will find federal and state laws pertaining to motor vehicles and related legal Questions & Answers.

Nationals of countries that have ratified the International Road Traffic Agreement can drive their cars into the United States without U.S. driver's licenses or license plates. DOT must authorize the trip in writing.





motor vehicle accident attorney elgin imported by non-residents

Non-residents wishing to import their own cars must ensure they have all required documentation to avoid paying additional duties. This documentation includes the bill of lading and the certificate of origin, and any other legal documents that pertain to the vehicle. All documents related 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 copy of their valid driver license or ID card. If they do not have these documents, a Power of Attorney may be used to sign all documents.

To allow an imported vehicle to be legally entitled in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. DOT standards demand particularly that motor vehicles that are not older than 25 years must conform to the safety and bumper requirements and that every vehicle be labelled by the manufacturer as satisfying 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 does not meet these requirements, they must file EPA form 3520-1 as well as DOT form HS-7 with CBP at the time of entry in order to obtain prior approval from EPA.

Vehicles Imported for Racing

The laws that govern motor vehicles vary from one state to the next, but there are some commonalities across the nation in the process of registering vehicles and obtaining a driving license. Federal laws also regulate the safety of drivers, highways and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and equipment, as well as various motor sport related regulations.

If you are planning to import an automobile racing car into the United States, the first step is to get prior written approval from the DOT. This is for cars that will be imported permanently or temporarily entered into racing.

You will need an CAMS license and proof that you have competed in motorsports, and have a valid desire to own a car. You must also comply with a range of other requirements to be compliant, such as fitment of child restraint points and 17-digit VIN plates.

The EPA will not give you permission to import a racing car into the US unless it was race-ready during its entry and lacks features that render it unsafe or unsuitable to use on roads and highways. You must make sure to select the box 7 on the HS-7 form that you'll be filing with customs and submit an EPA letter of approval before the vehicle passes through customs.

Imported Vehicles for Touring

Motorists who are visiting the United States as tourists from Central and South American countries which have signed the Inter-American Convention of 1943 may drive their cars 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 licenses. However, they must to present EPA forms AP 3520-1 and DOTHS-7 at the moment of entry.

Imported vehicles used for touring are also subjected to 40% Customs duty and 10 percent VAT, as well as an ad valorem tax that can range from 15% up to 100% based on piston displacement. These duties and taxes also apply to spare parts shipped with the vehicle imported. The presence of the owner of the vehicle is necessary.

Vehicles imported for commercial use

The law defines a "motor vehicle" as any device capable of transporting persons or property, and that is propelled using power other than muscle power. This is true for all vehicles, with the exception for (a) electric personal mobility devices operated by a person who suffers from an impairment, (b) farm type tractor used in the farming or agricultural business, as well as implements of snow plowing or grooming, (c) vehicles that run only on rails or tracks, and (d) vehicles that run on all-terrain surfaces. Every state's law may differ from the definition, and any nonexempt vehicle that meets the statutory definition is subject to the state's licensing and registration requirements, as well as financial responsibility laws.

The state's motor vehicle division regulates new and used dealers, manufacturers, moving companies as well as other businesses that are related to motor vehicles. It also manages the state Lemon Law which offers relief to those who can prove that they purchased a vehicle that was defective.

The definition of a"government" vehicle is any vehicle that is acquired by the executive branch through purchase, excess, forfeiture, commercial lease or GSA fleet lease and used for the purpose of fulfilling an agency's or organization's transportation function. This includes both foreign and domestic fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services provided by the Public Safety Department. The definition does not include private vehicles of police officers or firefighters ambulances, vehicles, and other vehicles owned by the commissioners court of a county that has more than one million.