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Why All The Fuss? Motor Vehicle Case?
Motor Vehicle Legal Questions and Answers

While laws regarding motor vehicles differ from state to state, there are similarities across the country regarding titling, registration requirements including fees and taxes and driver's licenses. On LawServer you can find the federal and state laws governing motor vehicles as along with related legal questions and answers.

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


Vehicles imported by non-residents

Non-residents who want to import their personal vehicles must have them fully documented to ensure that they do not have to pay additional taxes. Documentation includes the bill of lading, certification of origin and other legal documents related to the vehicle. Additionally the documents pertaining to the vehicle need to be in English. If the vehicle is shared by a number of people each signature must be notarized. A black-and-white photocopy of the driver's license or ID card should be included with it. If they don't have these documents a Power of Attorney may be used to sign all documents.

To allow motor vehicle accident lawsuit billings imported vehicle to be considered legally titled in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular DOT standards require that motor vehicles that are not more than 25 years old adhere 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.

EPA regulations also stipulate that all vehicles be compliant with air pollution emission standards. If a nonresident wishes to import a vehicle that is not in compliance with the requirements, they will need to file EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.

Imported Race Vehicles

Motor vehicle laws vary from state to state, but there are many commonalities across the country regarding registering vehicles and being licensed to drive. Driver, highway and vehicle safety are regulated by federal laws. The National Highway Traffic Safety Administration, within the Department of Transportation, establishes and enforces standards for cars and other equipment. This includes motor sport-related rules and 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 only required for cars that are imported for a long time or if they are being temporarily used in racing.

You'll require a CAMS licence and to prove that you've competed in motorsports and have a real need for a car. You will also have to comply with other requirements for compliance including fitting child restraints and a 17-digit VIN plate.

The EPA will not allow you to import race cars into the US unless it is racing at the time of entry and does not contain any features that make it unsafe or not suitable for use on highways or roads. You will need to check box 7 on the HS-7 customs form and provide an EPA letter prior to the time your vehicle is cleared.

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 cars in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. They must show EPA forms AP3520-1 and the HS-7 at the time of entry.

Imported vehicles for touring are also subjected to customs duty of 40% and 10% VAT, as well with an ad valorem fee which ranges from 15% to 100%, based on the piston displacement. In addition spare parts that are shipped with the imported automobile are also subject to these duties and taxes. The presence of the owner is required.

Vehicles imported for commercial use

The law defines "motor vehicle" as any device that is capable of moving property or persons and is propelled by power other than muscular power and is not limited to (a) electric personal assistive mobility devices operated or driven by a person who has disabilities; (b) farm type tractor used for the operation of a farm business tools of husbandry, or snow plowing; (c) vehicles which are solely driven by tracks or rails and (d) all-terrain vehicles. The definition of "motor vehicle" may differ among states, and vehicles that are not eligible for exemption are subject to registration, licensing and financial responsibility laws of the state.

The state's motor vehicle division regulates used and new dealers manufacturing companies, moving firms, and other related businesses to motor vehicles. It also oversees the state Lemon Law, which offers relief to consumers who can prove they purchased a defective new car or truck.

A government motor vehicle is a vehicle that has been acquired by the executive through purchase, excess, forfeiture or commercial lease or GSA fleet leasing, and is utilized to carry out the transport function of an agency, or business. This includes both domestic and foreign ones. The term also encompasses any vehicle used to respond to emergencies or provide other emergency services provided by the Public Safety Department. The definition excludes private vehicles owned by firefighters or police officers ambulances, vehicles, and other vehicles that are owned by the commissioners court of a county having a population greater than 1 million.

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