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Motor Vehicle Legal Questions and Answers

While Motor Vehicle accident lawyers vehicle laws vary 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 will find federal and state laws governing 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 vehicles in the United States for touring purposes without U.S. license plates and drivers' permits. DOT must accept the trip in writing.

Vehicles imported by non-residents

Nonresidents who wish to import their personal cars must ensure that they are fully documented to ensure that they don't pay additional duty. Documentation includes the bill of lading, the certificate of origin and any other legal documents related to the vehicle. All documents that pertain to the vehicle must be in English. If the vehicle is shared by several people each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should be attached to it. If they don't have these documents a Power of Attorney may be used to sign all the documents.

In order for an imported car to be considered legally titled in the United States, it must comply with the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. DOT standards demand specifically that motor vehicle accident vehicles not older than 25 years of age conform to safety and bumper standards and that every automobile be labeled by the manufacturer as satisfying these standards.

Furthermore, EPA regulations require that all vehicles meet air pollution emissions standards. If a nonresident wants to import a vehicle that does not meet the requirements, they'll have to file EPA form HS-7 and DOT form 3520-1 along with CBP to obtain prior approval from EPA.

Vehicles Imported for Racing

The laws governing motor vehicles vary from one state to another, but there are a few commonalities across the country when it comes to the registration of an automobile and getting an official driving license. The safety of drivers, the highway, and vehicle safety are also regulated by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and equipment, including many motor sports related regulations.

The first step to import racing cars to the United States is to get written approval from DOT. This is available for cars that are imported for a long time or temporarily entered for racing purposes.

You'll require a CAMS license and proof that you have participated in motorsports and have a real desire for a car. Additionally, you must comply with other requirements for compliance such as fitting child restraints and 17-digit VIN plate.

The EPA does not grant permission to import a race car into the US unless it is racing at the time of entry and has features that make it unsafe or inadvisable for use on roads or highways. You will need to check box 7 on the HS-7 customs form and submit an EPA letter prior to the time your vehicle is cleared.

Vehicles Imported for Touring

Tourists from Central and South American nations that have signed the Inter-American Convention of 1943 are permitted to drive their vehicles in the United States without obtaining license plates or permits for a period of one year or the validity of their documents. However, they are required to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.

Imported vehicles for touring are also subjected to customs duties of 40% and 10 percent VAT, as as an ad valorem tax that ranges from 15% to 100% based on the piston displacement. These taxes and duties also apply to spare parts sent with the imported auto. The car owner must be present in the presence of a person.

Vehicles imported for commercial purpose

The law defines the term "motor vehicle" to be any machine capable of transporting people or property, and is powered by something other than muscle power. This encompasses all vehicles, except for (a) electric personal assistance mobility devices used by a person with an impairment, (b) farm type tractor used in the operation or farming business and also implements of snow plowing or grooming, (c) vehicles that operate solely on rails or tracks, and (d) vehicles with all-terrain capabilities. Each state's statute may differ slightly from the definition and any vehicle that is not exempt that is deemed to be in compliance with the statutory definition is subject to the state's licensing and registration as well as financial responsibility laws.

The motor vehicle department of the state oversees dealers who sell second-hand and new cars as well as manufacturers, moving companies and other motor vehicle related businesses. It also enforces the state Lemon Law which offers relief to customers who can prove that they purchased an unreliable vehicle or truck.

A government motor vehicle is a vehicle that has been purchased by the executive through purchase, forfeiture, excess or commercial lease, or GSA fleet leasing, and utilized to carry out the transport purpose of an agency or operation. This includes both domestic fleets as well as foreign ones. The term also covers any vehicle used to respond to emergencies or provide other emergency services provided by the department of Public Safety. The definition does not include private vehicles of firefighters or police officers ambulances, police vehicles, and any other vehicle that belong to the commissioners' court of a county that has a population greater than 1 million.