10 Unexpected Motor Vehicle Case Tips
Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ according to state, there are certain similarities across the United States in regards to titling, registration fees, taxes and drivers' licenses. On LawServer you can find federal and state laws on motor vehicles as in addition to related legal questions and answers.
Nationals from countries that have ratified the International Road Traffic Agreement can drive their vehicles to the United States without U.S. driver's licenses and license plates. DOT must accept the trip in writing.
Vehicles imported by non-residents
Non-residents who are planning to import their cars should have them documented to ensure that they do not have to pay additional taxes. This documentation includes the bill of lading, the certificate of origin, and any other legal documentation that covers the vehicle. Additionally all documents related to the vehicle need to be in English. If the vehicle is owned jointly by several people each signature has to be notarized. A black-and-white copy of the driver's license or ID card must be attached to it. If they don't have these documents, a Power of Attorney may be used to sign all paperwork.
To allow an imported car to be legally registered in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular the DOT standards, motor vehicles that are not more than 25 years of age conform to safety and bumper standards and that the producer of each such automobile affix the label on each vehicle stating that it satisfies these requirements.
Furthermore, EPA regulations require that all vehicles meet air pollution emission standards. If a non-resident wishes to import a vehicle 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 for Racing
Motor vehicle laws differ from state to state, but there are many similarities across the nation in registering vehicles and being licensed to drive. The safety of drivers, the highway, and vehicle safety are subject to federal laws. The National Highway Traffic Safety Administration is part of the Department of Transportation, establishes and enforces standards for cars and other equipment. This includes motor sports-related rules and regulations.
If you intend to import an automobile racing car into the United States, the first step is to obtain prior written approval from the DOT. This is available for cars that are being permanently imported or temporarily entered for racing.
You will need a CAMS licence and to prove that you have participated in motorsports, and have a valid desire to own a car. You will also have to comply with other requirements for compliance such as fitting child safety restraints and a 17-digit VIN plate.
The EPA will not allow you to import race cars into the US in the event that the car is racing at the time entry and doesn't possess any features that render unsafe or unsuitable for use on highways and roads. You will need to select the box 7 on the HS-7 form that you'll be filing with customs and submit an EPA letter of approval before the vehicle passes through customs.
Imported Touring Vehicles
Motorists who visit 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 validity period of their documents or less as long as they do not need license plates or driver's licenses. However, they are required to show EPA forms the AP 3520-1 form and the DOT HS-7 at the time of entry.
Vehicles imported for touring purposes are also subject to 40% Customs duty, 10% VAT and an ad valorem tax ranging from 15% to 100% depending on the displacement of the piston, using their book value as a base. These taxes and duties apply to spare parts supplied with the imported automobile. Personal presence of the owner is required.
Vehicles imported for commercial purposes
The law defines "motor vehicle" as every device capable of transporting people or property that is powered by a source other than muscular force and is not limited to (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 farming enterprise, implements of husbandry, or snow plowing; (c) vehicles which operate solely on rails or tracks or tracks; and (d) all-terrain vehicles. Every state's law may differ slightly from the definition and any vehicle that is deemed to be in compliance with the statutory definition is subject to the state's licensing and registration requirements, as well as financial responsibility laws.
The state's motor vehicle division regulates used and new dealers manufacturing companies, moving firms, and other motor vehicle-related businesses. It also enforces the state Lemon Law which offers relief to customers who prove that they purchased a defective car or truck.
A government motor vehicle is any vehicle that was acquired by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing and used to perform the transportation function of an agency or operation. motor vehicle accident lawyer independence encompasses both foreign and domestic fleets. The term also includes any vehicle used to respond to emergencies or provide other emergency services provided by the Public Safety department. The definition excludes ambulances, private vehicles owned by firefighters or police officers, and vehicles owned the commissioners court of an area with more than one million residents.