motor vehicle accident lawyer Vehicle Legal Questions and Answers

While laws regarding motor vehicles differ by state, there are some commonalities across the country in the areas of titling registration and fees, taxes and drivers licenses. On LawServer you will find federal and state laws on motor vehicles, as well as related legal Questions & Answers.

Nationals from countries that have ratified the International Road Traffic Agreement can drive their cars into the United States without U.S. license plates or driver's licenses. Written approval from DOT is required in advance.

Vehicles imported by nonresidents

Nonresidents who wish 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 documents pertaining to the vehicle. All documents pertaining the vehicle must be in English. If the vehicle is shared by several people each signature has to be notarized. A black and white copy of the driver's license or ID card should be attached to it. If they don't have these documents a Power of Attorney may be used to sign all the paperwork.

To be legally titled an import vehicle, it must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards require, in particular, that motor vehicles that are not older than 25 years conform to safety and bumper requirements and that every vehicle be branded by the manufacturer as having met these standards.

Furthermore, EPA regulations require that all vehicles comply with air pollution emissions standards. If a non-resident wishes to import a vehicle that isn't in compliance with standards, they'll need to submit EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.

Imported Vehicles for Racing

The laws that govern motor vehicles are different from one state to the next, but there are a few similarities across the country when it comes down to registering a vehicle and obtaining a driving license. Highway, driver and vehicle safety are also enforced by federal laws. 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 sport-related requirements.

The first step to import racing vehicles into the United States is to get written approval from DOT. This is a requirement for cars that are being permanently imported or temporarily used for racing purposes.

In order to qualify for this, you'll require an CAMS license and prove your past motorsport participation and a genuine need for the car. Additionally, you must satisfy a variety of other requirements to be compliant, such as the use of child restraints points and 17-digit VIN plates.

The EPA will not grant you permission to import a racing vehicle into the US unless it is race-ready when it is entered and does not have features that make it unsafe or impractical to use on roads and highways. You will need to mark the box 7 on the HS-7 form that you will submit to customs, and submit an EPA letter of approval prior to the vehicle passes through customs.

Imported Vehicles for Touring

Motorists who visit the United States as tourists from Central and South American countries which have signed the Inter-American Convention of 1943 may drive their vehicles in the United States for one year or the validity period of their documents or the shorter period as long as they do not need license plates or driver's licenses. However, they must to present EPA forms AP 3520-1 and DOT HS-7 at the time of entry.

Imported vehicles for touring are also subjected to customs duties of 40% and 10 percent VAT, Firm as being subject to an ad valorem rate that can range from 15% up to 100% based upon the piston displacement. These taxes and duties also apply to spare parts that are shipped with the vehicle imported. The owner of the vehicle must be present in person.

Vehicles imported for commercial purposes

The law defines a "motor vehicle" as any device capable of transporting persons or property, and which is propelled using power other than muscle power. This is true for all vehicles, with the exception for (a) electric personal mobility devices that are operated by a person who suffers from disabilities, (b) farm type tractor used in the operation or farming business as well as equipment of husbandry or snow plowing, (c) vehicles that run only on rails or tracks and (d) vehicles with all-terrain capabilities. The definition of "motor vehicle" may differ among states, and vehicles that are not eligible for exemption are subject to the licensing, registration, and financial responsibility laws of the state.

The state's motor vehicle division regulates used and new dealers manufacturing companies, moving firms, as well as other businesses that are related to motor vehicles. It also oversees the state Lemon Law, firm which offers relief to consumers who prove they purchased 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 used to carry out the transportation role of an agency or operation. This encompasses both domestic fleets and foreign ones. Furthermore the definition of the word is to encompass any vehicle used by the department of public security in responding to emergencies or providing other emergency services. The definition excludes ambulances, private vehicles of police or firefighters, as well as vehicles owned by the commissioners court in an area with more than 1 million inhabitants.