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Motor Vehicle Legal Questions and Answers
Although motor vehicle laws vary from state to state, there are certain similarities across the country in the areas of titling registration fees, taxes, and drivers' licenses. On LawServer you can find state and federal laws on motor vehicles as in addition to related legal questions and answers.
Nationals of countries that have ratified International Road Traffic Agreement can travel in their cars to the United States without U.S. license plates or driver's licenses. A written approval from DOT is required prior to.
Vehicles imported by non-residents
Non-residents who are planning to import their personal cars must ensure that they are fully documented to ensure that they do not pay additional duty. Documentation includes the bill-of-lading, certificate of origin and any other legal documents that pertain to the vehicle. All documents that pertain to the vehicle need to be in English. If the vehicle is shared by a number of people each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should be attached to it. If motor vehicle accident attorneys olathe don't have these, a Power of Attorney can be used to sign the required documents.
To be legally entitled, an imported vehicle must be in compliance with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards require specifically that vehicles not older than 25 years conform to safety and bumper regulations and that each vehicle be branded by the manufacturer as having met these standards.
Additionally, EPA regulations require that all vehicles meet air pollution emissions standards. If a nonresident wishes to import a vehicle which does not meet the requirements, they will need to file EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Imported Race Vehicles for Racing
The laws governing motor vehicles differ from state to state however, there are a lot of similarities across the nation in registering vehicles and being licensed to drive. Safety of the driver, highway and vehicle safety are regulated by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and equipment, as well as many motor sports related regulations.
If you are planning to import an automobile racing car into the United States, the first step is to get prior written approval from the DOT. This is available for cars that are imported permanently or temporarily entered for racing.
You 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 a variety of other requirements to be compliant, such as the fitting of child restraints and 17-digit VIN plates.
The EPA will not allow you to import a race car into the US unless it is in a race configuration at the time entry and doesn't have any features that would make it unsafe or unpractical for use on highways or roads. You must check box 7 on the HS-7 customs form and provide an EPA letter prior to the time your vehicle is cleared.
Imported Touring Vehicles
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 use their vehicles in the United States for one year or the period of validity of their passports or less and without needing to get license plates or driver's permits. However, they must to show EPA forms such as AP3520-1 and DOTHS-7 at the time of entry.
Cars imported for purposes of touring are also subject to customs duty as well as 10% VAT and ad valorem tax of 15% to 100% depending on the displacement of the piston using their book value as the basis. Additionally spare parts included with the imported automobile are also subject to these duties and taxes. Personal presence of the owner is necessary.
Vehicles Imported For Commercial Purposes
The law defines a "motor vehicle" as any device capable of transporting persons or property, and which is driven by power other than muscle power. This includes all vehicles, except for (a) electric personal assistance mobility devices operated by a person who suffers from handicap, (b) farm type tractor used in the farming or operation and also implements of husbandry or snow plowing, (c) vehicles that operate solely on rails or tracks or tracks, and (d) vehicles that are all-terrain. Each state's laws may differ slightly from the definition and any nonexempt vehicle that qualifies under the statutory definition is subject to the state's licensing, registration, and financial responsibility laws.
The state's motor vehicle division regulates new and used dealers manufacturing companies, moving firms, and other related businesses to motor vehicles. It also oversees the state's Lemon Law which offers relief to customers who prove that they purchased an unreliable vehicle or truck.
A government motor vehicle is a vehicle that has been purchased by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing, and utilized to carry out the transport purpose of an agency or operation. This includes both domestic and foreign ones. In addition the definition of the word is to include any vehicle used by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes ambulances, private cars of police officers or firefighters, and the vehicles of the commissioners court of a county with more than 1 million people.
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