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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are a few 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 regarding motor vehicles as well as related legal questions & Answers.
The nationals of the countries that have adopted the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' permits. Written approval from DOT is required in advance.
Vehicles imported by non-residents
Non-residents who want to import their personal cars should have them documented to ensure that they do not be subject to additional duties. Documentation includes the bill-of-lading, certificate of origin, and any other legal documents pertaining to the vehicle. Additionally the documents pertaining to the vehicle must be in English. If the vehicle is owned by more than one individual each signature must be notarized and accompanied by a black and white copy of their valid driver license or ID card. If they don't have these documents, a Power of Attorney can be used to sign the required paperwork.
To be legally titled, an imported vehicle must meet the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular DOT standards demand that motor vehicles less than 25 years old adhere to safety and bumper standards and that the maker of each such automobile affix an identification label to each vehicle stating that it satisfies these standards.
EPA regulations also stipulate that all vehicles must be compliant with air pollution emission standards. If a non-resident wishes to import a car that does not meet the requirements, they'll have to submit EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Imported Vehicles for Racing
The laws that govern motor vehicles vary from one state to the next, but there are some commonalities across the country when it comes to the registration of vehicles and obtaining an official driving license. 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 cars and other equipment, which includes several motor sport related regulations.
If you are importing cars for racing in the United States, the first step is to get prior written approval from the DOT. This is for cars that are imported for a long time or temporarily entered into racing.
motor vehicle accident law firm boston will need an CAMS license and proof that you have competed in motorsports and have a genuine need for a car. You will also need to satisfy other requirements for compliance, such as the use of child restraints points and 17-digit VIN plates.
The EPA will not grant you permission to import a racing car into the US unless it is in race configuration during its entry and lacks features that make it unsafe or impractical to use on roads and highways. You will need to check box 7 on the HS-7 customs form, and then submit an EPA letter before the vehicle is cleared.
Imported Touring Vehicles for touring
Tourists from Central and South American nations that have ratified 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 H-7 upon entry.
Imported vehicles for touring are also subjected to Customs duty of 40% and 10% VAT, as well as an ad valorem rate ranging from 15% to 100% based upon the piston displacement. These taxes and duties also apply to spare parts that are sent with the imported auto. The owner of the vehicle has to be present in person.
Vehicles imported for commercial purpose
The law defines "motor vehicle" as every device capable of transporting property or persons and is powered by something other than muscular power that is, excluding (a) electric personal assistive mobility devices that are operated or driven by an individual with a disability; (b) farm type tractor utilized in the operation of a farm business or implements of husbandry or snow plowing; (c) vehicles which are solely driven by tracks or rails and (d) all-terrain vehicles. The definition can differ among states, and vehicles that aren't eligible for exemption are subject to the licensing, registration and financial accountability laws of the state.
The motor vehicle division of the state is responsible for regulating new and second-hand dealers, manufacturers, moving firms and other motor vehicle related companies. It also manages the state Lemon Law, which offers relief to consumers who can prove they purchased a defective new car or truck.
The definition of a government motor vehicle includes any vehicle acquired by the executive branch through purchase excess, forfeiture commercial lease or GSA fleet lease that is used to carry out an agency's or activity's transport purpose. This includes both domestic and foreign ones. In addition 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, police vehicles, and any other vehicle that are owned by the commissioners court of a county with a population greater than 1 million.
Read More: https://vimeo.com/706774230
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