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Motor Vehicle Legal Questions and Answers


Although motor vehicle laws vary according to state, there are some commonalities across the country in the areas of titling registration and fees, taxes and drivers licenses. On LawServer, you'll find the federal and state laws governing motor vehicles, as along with related legal questions and answers.

The nationals of countries that have accepted the International Road Traffic Agreement may drive their cars 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 nonresidents

Non-residents who want to import their personal vehicles should have them documented to ensure that they do not pay additional duty. Documentation consists of the bill-of lading, the certificate of origin and any other legal documents pertaining to the vehicle. All documents related to the vehicle must also be in English. If the vehicle is shared by several individuals Each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should be accompanied by it. If they do not have these documents, a Power of Attorney may be used to sign all the documents.

To allow an imported car to be legally entitled in the United States, it must be in compliance with Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. The DOT standards require particularly that motor vehicles that are not older than 25 years must conform to safety and bumper regulations and that each vehicle be branded by the manufacturer as meeting these requirements.

Additionally, EPA regulations require that all vehicles comply with air pollution emissions standards. If motor vehicle accident lawyer odessa to import a vehicle that does not meet these requirements they must file EPA form 3520-1 and DOT form HS-7 with CBP at the moment of entry to get prior approval from EPA.

Imported Racing Vehicles

Motor vehicle laws vary from state to state, however, there are a lot of commonalities across the country regarding registering vehicles and being licensed to drive. Federal laws also regulate highway, driver and vehicle security. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sports-related requirements.

If you are importing an automobile racing vehicle into the United States, the first step is to get prior written approval from the DOT. This is for cars that will be permanently imported or temporarily entered into racing.

To be eligible for this program, you'll be required to possess a CAMS license as well as prove your past motorsport participation and a real need for the vehicle. You also need to satisfy other compliance requirements such as fitting child restraints and 17-digit VIN plate.

The EPA won't allow you to import a race car into the US in the event that the car is in a race configuration at the time entry and doesn't contain any features that make it unsafe or not suitable for use on highways and 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 Vehicles for Touring

Motorists who are visiting the United States as tourists from Central and South American countries which have signed the Inter-American Convention of 1943 may use their vehicles in the United States for one year or the period of validity of their documents or less without the need to obtain license plates or driver's permits. However, they must to show EPA forms such as AP3520-1 and DOTHS-7 at the moment of entry.

Vehicles imported for touring purposes are also subject to customs duty, 10% VAT and an ad valorem taxes ranging from 15 percent to 100% based on piston displacement using their book value as the base. These duties and taxes also apply to spare parts that are included in the imported vehicle. The owner of the vehicle has to be present in person.

Vehicles imported for commercial purposes

The law defines "motor vehicle" as every device that is capable of moving people or property that is driven by power other than muscular power that is, excluding (a) electric personal assistive mobility devices that are operated or driven by a person who has a disability; (b) farm type tractors used in the operation of a farm business or implements of husbandry or snow plowing; (c) vehicles which run solely on rails or tracks or tracks; and (d) all-terrain vehicles. Each state's statute may differ from the definition and any vehicle that meets the statutory definition is subject to the state's licensing and registration laws, as well as financial responsibility laws.

The state's motor vehicle division regulates used and new dealers, manufacturers, moving companies as well as other businesses that are related to motor vehicles. It also oversees the state's Lemon Law which offers relief to customers who prove they bought a defective car or truck.

A government motor vehicle is any vehicle that is acquired by the executive through purchase, forfeiture, excess or commercial lease or GSA fleet leasing and utilized to carry out the transport function of an agency or operation. This includes both domestic and foreign fleets. It 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 cars of police or firefighters, and any vehicle owned by the commissioners court in a county that has more than one million residents.

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