Motor Vehicle Legal Questions and Answers
While motor vehicle laws differ 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 pertaining to motor vehicles and related legal Questions & Answers.
Nationals of countries that have ratified International Road Traffic Agreement can drive their cars to the United States without U.S. license plates and driver's licenses. Written approval from DOT is required in advance.
Vehicles imported by non-residents
Nonresidents who wish to import their own cars must document their vehicles to ensure that they do not have to pay additional taxes. This includes the bill of lading and the certificate of origin, and any other legal documents covering the vehicle. Additionally all documents related to the vehicle need to be in English. If the vehicle is jointly owned by multiple people each signature has to be notarized. A black and white copy of the driver's license or ID card must be attached to it. If they don't 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 require that motor vehicles that are less than 25 years old, conform to safety and bumper standards and that the manufacturer of each automobile must place a label on each such vehicle stating that it meets these requirements.
Furthermore, EPA regulations require that all vehicles meet air pollution emission standards. If a non-resident wishes to import a car that does not meet the standards, they must to file EPA form HS-7 and DOT form 3520-1 along with CBP to obtain prior approval from EPA.
Imported Racing Vehicles to Race
Motor vehicle laws differ from state to state, however, there are a lot of similarities across the nation in registering vehicles and being licensed to drive. The safety of drivers, the highway, and vehicle safety are also enforced by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and other equipment, which includes various motor sport related regulations.
The first step to import racing cars to the United States is to get written approval from DOT. This is a requirement for cars that are being permanently imported or temporarily used for racing purposes.
To be eligible for this, you'll require an CAMS license as well as prove your motorsport experience and a genuine need for the car. You will also have to meet other requirements to be compliant such as fitting child safety 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 entry and doesn't contain any features that make unsafe or unsuitable for use on highways and roads. You must check Box 7 of the HS-7 form you will be submitting to customs and submit an EPA letter of approval before the vehicle is cleared through customs.
Imported motor vehicle accident attorney citrus heights 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 vehicles in the United States for one year or the validity period of their passports or less without the need to obtain license plates or driver's permits. They must present EPA forms AP3520-1 as well as DOT H-7 upon entry.
Imported vehicles used for touring are also subject to Customs duty of 40% and 10 percent VAT, as being subject to an ad valorem rate which ranges from 15% to 100% based on piston displacement. These taxes and duties apply to spare parts that are shipped with the vehicle imported. The owner of the vehicle must be present in the presence of a person.
Vehicles imported for commercial purpose
The law defines "motor vehicle" as any device capable of transporting property or persons and is powered by something other than muscular power, except (a) electric personal assistive mobility devices that are operated or driven by a person with disabilities; (b) farm type tractor utilized in the operation of a farming enterprise, implements of husbandry, or snow plowing; (c) vehicles which run solely on rails or tracks or tracks; and (d) all-terrain vehicles. The definition of "motor vehicle" may differ between states, and vehicles that aren't eligible for exemption are subject to licensing, registration and financial accountability laws of the state.
The motor vehicle department of the state oversees dealers who sell second-hand and new cars, manufacturers, moving firms and other motor vehicle-related companies. It also administers the state Lemon Law, which offers relief to consumers who can prove that they bought 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 is used to perform the transportation function of an agency, or the activity. This includes both domestic and foreign fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services by the Public Safety department. The definition excludes ambulances, private vehicles of police officers or firefighters, and vehicles owned the commissioners court in a county with more than 1 million inhabitants.