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Motor Vehicle Legal Questions and Answers
Although the laws regarding motor vehicles differ from state to state, there are some similarities nationally regarding titling and registration requirements along with taxes and fees and driver's licenses. Here on LawServer you'll find federal as well as state laws pertaining to motor vehicles, as well as related legal questions & Answers.
The nationals of the countries that have ratified the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' licenses. Written approval from DOT is required prior to.
Vehicles imported by non-residents
Non-residents who wish to import their own vehicles must ensure that they have all the necessary documentation to avoid any additional charges. Documentation consists of the bill-of lading, certificate of origin, and any other legal documents related to the vehicle. All documents related to the vehicle must be in English. If the vehicle is owned by more than one individual each signature has to 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 the paperwork.
In order for an imported car to be legally entitled in the United States, it must be in compliance with Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular the DOT standards, motor vehicle accident vehicles that are less than 25 years of age conform to safety and bumper standards, and that the manufacturer of each one affix an identification label to each vehicle stating that it meets these requirements.
Furthermore, EPA regulations require that all vehicles comply with air pollution emissions standards. If a nonresident wants to import a vehicle that is not in compliance with the standards, they'll need to file EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Vehicles Imported for Racing
The laws governing motor vehicles differ from state to state however there are a number of commonalities nationally regarding registering vehicles and being licensed to drive. Federal laws also regulate highway, driver and vehicle security. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and equipment, including various motor sport related regulations.
If you are importing an automobile racing vehicle into the United States, the first step is to obtain prior written approval from the DOT. This is required for vehicles that are imported permanently or temporarily race-related.
To be eligible for this program, you'll require a CAMS license and demonstrate your past motorsport participation and a real need for the vehicle. Additionally, you must meet other requirements to be compliant such as fitting child restraints and a 17-digit VIN plate.
The EPA does not permit you to import a race car into the US unless the car is in a race configuration at the time of entry and does not possess any features that render it unsafe or incompatible for use on roads and highways. You must make sure to mark 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 clears customs.
Imported Vehicles for touring
Motorists visiting the United States as tourists from Central and South American countries which have been ratified by the Inter-American Convention of 1943 may use their vehicles in the United States for one year or the period of validity of their documents or the shorter period and without needing to get license plates or driver's permits. However, they must to present EPA forms the AP 3520-1 form and the DOT HS-7 at the time of entry.
Cars imported for purposes of touring are also subject to a 40% Customs duty as well as 10% VAT and an ad valorem tax ranging from 15 percent to 100% based on the displacement of the piston, using their book value as their base. In addition spare parts included in the import vehicle are also subject to these duties and taxes. Personal presence of the car-owner is necessary.
Vehicles imported for commercial purposes
The law defines a "motor vehicle" to be any device capable of transporting persons or property, and that is propelled using power other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal mobility devices that are operated by a person with a disability, (b) farm type tractor firms used for the operation or farming business as well as equipment of snow plowing or grooming, (c) vehicles that operate solely on rails or tracks or tracks, and (d) vehicles with all-terrain capabilities. Every state's law may differ slightly from the definition and any vehicle that is not exempt that is deemed to be in compliance with the definition of the statute is subject to the state's licensing and registration as well as financial responsibility laws.
The state's motor vehicle division regulates new and used dealers manufacturing companies, moving firms, and other related businesses to motor vehicles. It also manages the state Lemon Law which offers relief to those who can prove they bought a vehicle that was defective.
The definition of a"government" vehicle includes any vehicle that has been acquired by the executive branch via purchase or forfeiture, in excess, commercial lease or GSA fleet lease that is used for the purpose of fulfilling an agency's or activity's transport purpose. This includes both foreign and domestic fleets. In addition the definition of the word is as any vehicle that is used by the department of public safety for responding to emergencies or providing other emergency services. The definition does not include private vehicles of police officers or firefighters ambulances, police vehicles, and any other vehicle owned by the commissioners court of a county having more than one million.
