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Motor Vehicle Legal Questions and Answers
Although the laws regarding motor vehicles differ from state to state, there are similarities across the country regarding titling, registration requirements as well as taxes and fees, and driver's licenses. On LawServer, you'll find federal and state laws regarding motor vehicles as in addition to related legal questions and answers.
The nationals of the countries that have adopted 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 approve the trip in writing.
Vehicles imported by non-residents
Non-residents who are planning to import their own cars must ensure that they are fully documented to ensure that they don't have to pay additional taxes. Documentation includes the bill-of-lading, certificate of origin, and any other legal documents related to the vehicle. In addition, all documents pertaining 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 should also accompany it. If they don't possess these documents, a Power of Attorney can be used to sign the necessary paperwork.
To be legally titled the vehicle that is imported must comply with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. The DOT standards demand specifically that vehicles not older than 25 years must conform to safety and bumper requirements and that every automobile be labelled by the manufacturer as having met these standards.
EPA regulations also require that all vehicles must meet air pollution emission standards. If a nonresident wants to import a vehicle that does not meet the standards then they must submit EPA form 3520-1 and DOT form HS-7 with CBP at the moment of entry to receive prior approval from EPA.
Imported Vehicles for Racing
The laws governing motor vehicles vary from one state to the next, but there are some universalities across the country when it comes down to registering a vehicle and obtaining the required driving license. Safety of the driver, highway and vehicle safety are also controlled by federal laws. motor vehicle accident lawsuit boise city within the Department of Transportation establishes and enforces national standards for vehicles and equipment, including many motor sports related regulations.
If you are planning to import an automotive racing car into the United States, the first step is to obtain prior written approval from the DOT. This is for cars that will be imported permanently or temporarily raced.
In order to qualify for this program, you'll be required to possess an CAMS license and proof of your previous participation in motorsports and a real need for the vehicle. Additionally, you must comply with other requirements for compliance such as fitting child restraints and 17-digit VIN plate.
The EPA won't allow you to import a race car into the US unless the car is racing at the time of entry and does not possess any features that render it unsafe or unpractical for use on highways or roads. You will need to mark the box 7 on the HS-7 form that you'll be submitting to customs and submit an EPA letter of approval prior to the vehicle clears customs.
Imported Touring Vehicles for Touring
Motorists who visit the United States as tourists from Central and South American countries which have been ratified by 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 the shorter period without the need to obtain license plates or driver's licenses. They must show EPA forms AP3520-1 or DOT 7 upon entry.
Imported vehicles for touring are also subject to customs duties of 40% and 10% VAT, as well as an ad valorem tax ranging from 15% to 100% based on the piston displacement. These taxes and duties also apply to spare parts sent with the imported auto. Personal presence of the car-owner is required.
Vehicles imported for commercial purposes
The law defines "motor vehicle" as every device that is capable of moving people or property and which is powered by a source other than muscular force, except (a) electric personal assistive mobility devices operated or driven by an individual with disabilities; (b) farm type tractor used for the operation of a farming enterprise or implements of husbandry or snow plowing; (c) vehicles which are solely driven by rails or tracks; and (d) all-terrain vehicles. The definition may vary slightly in different states, and any vehicles that do not qualify for exemption are subject to licensing, registration and financial responsibility laws of the state.
The motor vehicle division of the state regulates dealers who sell second-hand and new cars and manufacturers, as well as moving companies and other motor vehicle related businesses. It also manages the state Lemon Law, which offers relief to those who prove they bought a defective new car or truck.
A government motor vehicle is a vehicle that has been acquired by the executive through purchase, forfeiture, excess or commercial lease, or GSA fleet leasing, and is used to fulfill the transportation function of an agency or business. This includes both domestic fleets as well as foreign ones. It also includes any vehicle that is used to respond to emergencies or provide other emergency services through the department of Public Safety. The definition excludes ambulances, private vehicles owned by firefighters or police officers, and any vehicle owned by the commissioners court of an area with more than 1 million inhabitants.
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