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Motor Vehicle Legal Questions and Answers

While laws regarding motor vehicles differ from state to state, there are certain commonalities across the nation in the areas of titling registration and fees, taxes and drivers licenses. Here on LawServer you'll find federal as well as state laws pertaining to 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 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 have them fully documented to ensure that they do not incur additional duty. This includes the bill of lading, certificate of origin, as well as any other legal documents covering the vehicle. All documents that pertain to the vehicle need to be in English. If the vehicle is owned by more than one individual each signature has to be notarized and accompanied by a black-and white photocopy of their current driver's license or ID card. If they do not have these documents, a Power of Attorney may be used to sign all paperwork.

In order for an imported car to be legally registered in the United States, it must meet the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. Particularly DOT standards require that motor vehicles that are less than 25 years old conform to safety and bumper standards, and that the manufacturer of each vehicle affix an inscription on each vehicle that states that it meets these standards.

EPA regulations also stipulate that all vehicles must meet air pollution emission standards. If a nonresident wishes to import a vehicle that does not meet these requirements, they must file EPA form 3520-1 as well as DOT form HS-7 with CBP at the moment of entry to get prior approval from EPA.


Imported Racing Vehicles to Race

The laws governing motor vehicles differ from state to state, however, there are a lot of similarities across the nation regarding registration of vehicles and being licensed to drive. The safety of drivers, the highway, and vehicle safety are also enforced by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sports-related rules and regulations.

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

In order to qualify for this program, you'll need to have a CAMS license as well as prove your previous participation in motorsports and a legitimate need for the car. Additionally, you must meet other requirements to be compliant such as fitting child restraints and a 17-digit VIN plate.

The EPA will not give you permission to import a race car into the US unless it was race-ready during its entry and lacks features that render it unsafe or unsuitable to use on roads and highways. motor vehicle accident lawyer riverside must select box 7 on the HS-7 customs form and then submit an EPA letter before the vehicle is cleared.

Vehicles Imported for Touring

Motorists traveling to the United States as tourists from Central and South American countries which have ratified the Inter-American Convention of 1943 may drive their vehicles in the United States for one year or the period of validity of their passports or shorter without the need to obtain license plates or driver's licenses. However, they have to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.

Imported vehicles used for touring are also subject to Customs duty of 40% and 10 percent VAT, as well with an ad valorem fee which ranges from 15% to 100% based upon the piston displacement. Additionally spare parts shipped with the imported automobile are also subject to these taxes and duties. The owner of the vehicle has to be present in person.

Vehicles imported for commercial use

The law defines "motor vehicle" as every device that is capable of moving property or persons and is powered by something other than muscular power, except (a) electric personal assistive mobility devices operated or driven by an individual with disabilities; (b) farm type tractor that is used for the running of a farming business tools of husbandry, or snow plowing; (c) vehicles which are solely driven by tracks or rails or tracks; and (d) all-terrain vehicles. The definition of "motor vehicle" may differ between states, and vehicles which do not meet the criteria for exemptions are subject to the registration, licensing and financial responsibility laws of the state.

The motor vehicle department of the state oversees new and second-hand dealers, manufacturers, moving firms and other motor vehicle-related companies. It also administers the state Lemon Law, which offers relief to consumers who prove they bought a vehicle that was defective or a truck.

A government motor vehicle is a vehicle that has been purchased by the executive through purchase, excess, forfeiture or commercial lease, or GSA fleet leasing, and is used to perform the transportation function of an agency, or activity. This includes both domestic and foreign ones. The term also includes any vehicle that is used to respond to emergencies or provide other emergency services for the Public Safety department. The definition excludes ambulances, private vehicles of police or firefighters, as well as vehicles owned by the commissioners court in a county with more than 1 million inhabitants.

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