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Motor Vehicle Legal Questions and Answers
Although motor vehicle laws vary by state, there are certain commonalities across the nation in terms of titling, registration and fees, taxes and drivers' licenses. Here on LawServer you can find federal and state laws pertaining to motor vehicles and related legal Questions & Answers.
Nationals of countries who have accepted 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 accept the trip in writing.
Vehicles imported by non-residents
Non-residents who are planning to import their own vehicles should ensure they have the documents needed to avoid additional duties. Documentation includes the bill of lading, certification of origin and other legal documents pertaining to the vehicle. All documents related to the vehicle should be in English. If the vehicle is shared by several people each signature must be notarized. A black-and-white photocopy of the driver's license or ID card must also accompany it. If they don't have these documents a Power of Attorney may be used to sign all paperwork.
To be legally entitled, an imported vehicle must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards demand specifically that vehicles not older than 25 years old, conform to safety and bumper regulations and that every automobile be identified by the manufacturer as satisfying these requirements.
Furthermore, EPA regulations require that all vehicles meet the air pollution emission standards. If a nonresident wishes to import a car that is not in compliance with the requirements, they will need to file EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.
Imported Racing Vehicles to Race
The laws governing motor vehicles vary from state to another, however there are some commonalities across the country in the process of registering an automobile and getting the required driving license. motor vehicle accident attorney sunnyvale of drivers, the highway, and vehicle safety are enforced by federal laws. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for cars and equipment. This includes motor sports-related rules and regulations.
The first step to import a racing car to the United States is to get written approval from DOT. This is only available for cars that are imported for a long time or temporarily entered for racing.
You'll need a CAMS licence and to prove that you've participated in motorsports and that you have a legitimate desire to own a car. You also need to satisfy other compliance requirements like fitting child restraints and a 17-digit VIN plate.
The EPA won't grant you permission to import a race car into the US unless it is race-ready at the time of its entry and does not have features that make it unsafe or unsuitable to use on roads and highways. You must check box 7 on the HS-7 customs form and provide an EPA letter prior to when the vehicle is cleared.
Touring vehicles imported 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. However, they are required to present EPA forms AP 3520-1 and DOT HS-7 at the time of entry.
Imported vehicles used for touring are also subject to customs duties of 40% and 10% VAT, as well as an ad valorem tax that ranges from 15% to 100% based on the piston displacement. In addition spare parts included with the imported vehicle are also subject to these taxes and duties. The presence of the owner of the vehicle is essential.
Vehicles imported for commercial purposes
The law defines "motor vehicle" as every device that is capable of transporting people or property and which is propelled by power other than muscular force (with the exception of (a) electric personal assistive mobility devices operated or driven by a person who has a disability; (b) farm type tractor utilized in the operation of a farming business or implements of husbandry or snow plowing; (c) vehicles which are solely driven by rails or tracks; and (d) all-terrain vehicles. The laws of each state may differ from the definition, and any nonexempt vehicle that falls within the definition of the statute is subject to the state's licensing, registration, and financial responsibility laws.
The motor vehicle division of the state governs dealers of second-hand and new vehicles as well as manufacturers, moving companies and other motor vehicle-related companies. It also administers the state Lemon Law, which offers relief to consumers who can prove that they purchased a defective new car or truck.
A government motor vehicle is a vehicle that is acquired by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing and used to carry out the transportation function of an agency or operation. 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 by the department of Public Safety. The definition excludes private vehicles of firefighters or police officers ambulances, police vehicles, and any other vehicle owned by the commissioners court of a county that has more than 1 million.
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