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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are commonalities across the nation regarding titling and registration requirements, fees and taxes, and driver's licenses. Here on LawServer you can find federal and state laws governing motor vehicles, as well as related legal Questions & Answers.
Nationals of countries who 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' licenses. DOT must approve the trip in writing.
Vehicles Imported by Nonresidents
Non-residents wishing to import their own vehicles must ensure they have all required documentation to avoid paying additional duties. Documentation consists of the bill-of lading, certificate of origin, and any other legal documents that pertain to the vehicle. In addition the documents pertaining to the vehicle need to be in English. If the vehicle is shared by several individuals each signature must be notarized. motor vehicle accident law firm charlotte and white copy of the driver's license or ID card should also accompany it. If they do not possess these documents, a Power of Attorney can be used to sign the necessary documents.
To be legally entitled an imported vehicle, it must comply with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards require specifically that motor vehicles not older than 25 years old, conform to safety and bumper requirements and that each vehicle be labeled by the manufacturer to meet these requirements.
Furthermore, EPA regulations require that all vehicles meet air pollution emissions standards. If a non-resident wants to import vehicles that do not comply with these standards they must file EPA form 3520-1 and DOT form H-7 with CBP at the moment of entry to obtain prior approval from EPA.
Imported Race Vehicles for Racing
The laws governing motor vehicles vary from state to another, but there are some similarities across the country when it comes to registering an automobile and getting a driving license. Federal laws also regulate the safety of drivers, highways and security of vehicles. 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 requirements.
If you are importing cars for racing in the United States, the first step is to obtain prior written approval from the DOT. This is required for vehicles which are imported for the long term or temporarily entered for racing.
You'll require an CAMS license and proof that you have participated in motorsports and have a genuine desire for a car. You also need to meet other compliance requirements such as 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 have any features that would make unsafe or unsuitable for use on highways or roads. You will need to check box 7 on the HS-7 customs form and provide an EPA letter before the vehicle is cleared.
Imported Vehicles for Touring
Tourists from Central and South American nations that have ratified Inter-American Convention of 1943 are permitted to drive their vehicles in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. However, they must to show EPA forms such as AP3520-1 and DOTHS-7 at the time of entry.
Imported vehicles used for touring are also subject to Customs duty of 40% and 10% VAT, as well with an ad valorem fee ranging from 15% to 100%, based on the piston displacement. In addition spare parts that are shipped with the imported vehicle are also subject to these taxes and duties. The car owner must be present in the presence of a person.
Vehicles Imported for Commercial Purposes
The law defines a "motor vehicle" to be any device capable of transporting persons or property, and is powered by something other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal assistance mobility devices used by a person who has disabilities, (b) farm type tractor used for the operation or farming business, as well as implements of snow plowing or grooming, (c) vehicles that run solely on rails and tracks and (d) vehicles with all-terrain capabilities. The definition of "motor vehicle" may differ among states, and vehicles that aren't eligible for exemption are subject to the registration, licensing and financial responsibility laws of the state.
The state's motor vehicle division regulates used and new dealers manufacturing companies, moving firms, as well as other businesses that are related to motor vehicles. It also administers state Lemon Law which offers relief to customers who can prove they bought a vehicle that was defective.
The definition of a"government" motor vehicle includes any vehicle acquired by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease that is used for the purpose of fulfilling an agency's or organization's transportation function. 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 for the Public Safety department. 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 more than 1 million.
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