Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are a few commonalities across the nation regarding titling and registration requirements as well as taxes and fees, 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 the International Road Traffic Agreement can drive their vehicles to the United States without U.S. license plates or driver's licenses. DOT must accept the trip in writing.
Vehicles imported by nonresidents
Non-residents who want to import their cars must document their vehicles to ensure that they don't pay additional duty. This includes the bill of lading, certificate of origin, as well as any other legal documents covering the vehicle. In addition the documents pertaining to the vehicle must be in English. If the vehicle is owned by more than one person each signature has to be notarized and accompanied by a black-and white copy of their valid driver license or ID card. If motor vehicle accident law firm hayward don't have these documents, a Power of Attorney may be used to sign all paperwork.
To be legally titled an import vehicle, it 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 maker of each vehicle affix an inscription on each vehicle stating that it satisfies these requirements.
EPA regulations also require that all vehicles comply with standards for air pollution emission. If a non-resident wishes to import a vehicle that isn't in compliance with requirements, they will need to file EPA form HS-7 and DOT form 3520-1 along with CBP to get prior approval from EPA.
Imported Racing Vehicles for Racing
Motor vehicle laws vary between states, however there are a number of similarities across the nation in registering vehicles and being licensed to drive. Federal laws also regulate driver 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 a number of motor sport related regulations.
If you are importing an automobile racing car into the United States, the first step is to obtain prior written approval from the DOT. This is a requirement for cars that are being permanently imported or temporarily race-related.
You will need a CAMS license and proof that you've competed in motorsports and that you have a legitimate desire to own a car. Additionally, you must satisfy a variety of other requirements for compliance, such as the installation of child restraint points and 17-digit VIN plates.
The EPA does not permit you to import race cars into the US unless the car is race-ready at the time of entry and does not contain any features that make it unsafe or unpractical for use on highways or roads. You must mark the box 7 on the HS-7 form that you'll be submitting to customs and submit an EPA letter of approval before the vehicle passes through customs.
Imported Vehicles for Touring
Tourists from Central and South American nations that have accepted the 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. They must show EPA forms AP3520-1 as well as DOT 7 upon entry.
Imported vehicles used for touring are also subject to customs duty of 40% and 10 percent VAT, as with an ad valorem fee which ranges from 15% to 100% based on the piston displacement. These taxes and duties also apply to spare parts included in the imported vehicle. The presence of the owner is essential.
Vehicles Imported For Commercial Purposes
The law defines "motor vehicle" as every device capable of transporting property or persons and is propelled by power other than muscular power and is not limited to (a) electric personal assistive mobility devices that are operated or driven by a person with disabilities; (b) farm type tractors used in the operation of a farming business tools of husbandry, or snow plowing; (c) vehicles which run only upon rails or tracks and (d) all-terrain vehicles. The laws of each state may differ from the definition and any vehicle that is not exempt that qualifies under the statutory definition is subject to the state's licensing, registration, and financial responsibility laws.
The motor vehicle division of the state 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 consumers who prove they purchased an unreliable new car or truck.
The definition of a"government motor" vehicle includes any vehicle acquired by the executive branch via purchase excess, forfeiture, commercial lease or GSA fleet lease that is used to carry out an agency's or activity's transport function. This includes both foreign and domestic fleets. Additionally the term is defined to include any vehicle used by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes private vehicles of firefighters or police officers ambulances, as well as vehicles that belong to the commissioners' court of a county that has more than one million.