Motor Vehicle Legal Questions and Answers
While the laws regarding
motor vehicle attorneys vehicles vary by state, there's some commonalities across the country in regards to titling, registration fees, taxes and drivers' licenses. On LawServer, you'll 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. driver's licenses and license plates. DOT must be notified in writing of the trip.
Vehicles imported by non-residents
Nonresidents who wish to import their cars must document their vehicles to ensure that they do not be subject to additional duties. This documentation includes the bill of delivery, the certificate of origin, and any other legal documents covering the vehicle. All documents that pertain to the vehicle need to be in English. If the vehicle is shared by multiple people each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card must be included with it. If they don't have these, a Power of Attorney can be used to sign the required documents.
To be legally entitled, an imported vehicle must meet the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards demand, in particular, that motor vehicles that are not older than 25 years must conform to the safety and bumper requirements and that every automobile be labelled by the manufacturer to meet these requirements.
Additionally, EPA regulations require that all vehicles meet air pollution emission standards. If a non-resident wishes to import a vehicle that does not meet the standards, they must file EPA form 3520-1 and DOT HS-7 with CBP at the time of entry in order to receive prior approval from EPA.
Imported Racing Vehicles to Race
The laws that govern motor vehicles differ from one state to another, but there are some universalities across the country in the process of registering vehicles and obtaining an official driving license. Federal laws also regulate the safety of drivers, highways and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and equipment, including various motor sport related requirements.
If you intend to import an automotive racing car into the United States, the first step is to get prior written approval from the DOT. This is only available for cars that are imported for a long time or temporarily entered for racing.
In order to qualify for this, you'll require an CAMS license and prove your previous participation in motorsports and a real need for the car. You must also meet other requirements to be compliant such as fitting child safety restraints and 17-digit VIN plate.
The EPA will not grant you permission to import a race car into the US unless it is racing during its entry and lacks features that make it unsafe or unsuitable to use on roads and highways. You will need to complete the Box 7 on the HS-7 form you will be filing with customs and submit an EPA letter of approval before the vehicle passes through customs.
Touring vehicles that are imported to tour
Motorists who visit the United States as tourists from Central and South American countries which have ratified the Inter-American Convention of 1943 may drive their automobiles in the United States for one year or the validity period of their documents or less, without having to obtain license plates or driver's permits. They must show EPA forms AP3520-1 as well as DOT the HS-7 at the time of entry.
Imported vehicles for use in touring are also subject to customs duty as well as 10% VAT and ad valorem tax from 15% to 100% depending on the displacement of the piston using their book value as the base. Additionally spare parts included with the imported vehicle are also subject to these duties and taxes. Personal presence of the car-owner is required.
Vehicles imported for
motor Vehicle legal commercial purpose
The law defines "motor vehicle" as every vehicle that can transport property or persons and is powered by a source other than muscular force that is, excluding (a) electric personal assistive mobility devices that are operated or driven by a person with a disability; (b) farm type tractors used in the operation of a farming operation and implements of husbandry or snow plowing; (c) vehicles which operate solely on tracks or rails or tracks; and (d) all-terrain vehicles. Each state's statute may differ slightly from the definition and any vehicle that is not exempt that falls within the statutory definition is subject to the state's licensing and registration laws, as well as financial responsibility laws.
The
motor vehicle claim vehicle division of the state regulates dealers who sell second-hand and new cars as well as manufacturers, moving companies and other
motor vehicle attorney vehicle-related businesses. It also oversees the state's Lemon Law which offers relief for customers who can prove they bought a vehicle that was defective.
A government motor vehicle is any vehicle that has been purchased by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing and used to fulfill the transportation function of an agency, or operation. This encompasses both foreign and domestic fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services for the department of Public Safety. The definition excludes ambulances, private cars of police officers or firefighters and vehicles owned the commissioners court of the county of more than 1 million residents.