Motor Vehicle Legal Questions and Answers

Although motor vehicle laws vary from state to state, there are certain commonalities across the nation in terms of titling, registration fees, taxes and drivers licenses. On LawServer you will find federal and state laws governing motor vehicles as well as other legal questions & Answers.

Nationals of countries that have ratified 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 non-residents

Nonresidents who wish to import their own cars must ensure that they are fully documented to ensure that they do not have to pay additional taxes. This documentation includes the bill of delivery, the certificate of origin, and any other legal documents covering the vehicle. In addition all documents that pertain to the vehicle must be in English. If the vehicle is jointly owned by several people Each signature has to be notarized. A black-and white copy of the driver's license or ID card should be accompanied by it. If they don't have these documents, a Power of Attorney can be used to sign the required documents.

To be legally entitled an imported vehicle, it must be in compliance with the Department of Transportation's (DOT) and Environmental Protection Agency's (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 an identification label to each vehicle stating that it satisfies these requirements.

EPA regulations also require that all vehicles must be compliant with air pollution emission standards. If a non-resident wants to import a vehicle that does not meet the standards, they must file EPA form 3520-1 as well as DOT form HS-7 with CBP at the time of entry in order to receive prior approval from EPA.

Imported Racing Vehicles

The laws governing motor vehicles vary from state to the next, but there are commonalities across the country when it comes to the registration of the vehicle and getting the required driving license. Federal laws also regulate highway, driver and vehicle security. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and other equipment, which includes a number of motor vehicle accident lawyer sport related regulations.

If you are planning to import an automotive racing car into the United States, the first step is to get prior written approval from the DOT. This is a requirement for cars that are imported permanently or temporarily used for racing purposes.

In order to qualify to be eligible, you'll be required to possess a CAMS license and prove your previous motorsport participation and a genuine need for the vehicle. You must also meet a number of other requirements for compliance, such as the fitting of child restraints and 17-digit VIN plates.

The EPA will not grant you permission to import a race car into the US unless it is in race configuration at the time of entry and has features that render it unsafe or unsuitable for use on roads and highways. You will have to select box 7 on the HS-7 customs form and then submit an EPA letter prior to when the vehicle is cleared.

Imported Touring Vehicles

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 vehicles in the United States for one year or the period of validity of their documents or less, without having to obtain license plates or driver's permits. However, they are required to show EPA forms such as AP3520-1 and DOTHS-7 at the time of entry.

Imported vehicles for use in touring are also subject to customs duty, 10% VAT and ad valorem taxes ranging from 15% to 100% depending on the displacement of the piston, using their book value as the base. In addition, spare parts sent along with the vehicle are also subject to these duties and taxes. The owner of the vehicle has to be present in the presence of a person.

Vehicles Imported For Commercial Purposes

The law defines a "motor vehicle" to mean any device capable of transporting people or property and is powered by something other than muscle power. This encompasses all vehicles, except for (a) electric personal assistance mobility devices operated by a person with handicap, (b) farm type tractor used for the farming or operation as well as equipment of mowing or snow plowing, (c) vehicles that run only on rails or tracks, and (d) vehicles that are all-terrain. The definition could differ slightly among states, and vehicles that are not eligible for exemption are subject to licensing, registration and financial responsibility laws of the state.

The motor vehicle department of the state oversees used and new dealers as well as manufacturers, moving companies and other motor Vehicle accident law firm vehicle-related businesses. It also administers state Lemon Law which offers relief to those who can prove that they purchased a defective car or truck.

A government motor vehicle is a vehicle that is acquired by the executive through purchase, forfeiture, excess or commercial lease, or GSA fleet leasing, and is used to fulfill the transportation function of an agency, or the activity. This includes both domestic and foreign ones. Additionally the term is defined to encompass any vehicle utilized by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes ambulances, private vehicles of police officers or firefighters and any vehicle owned by the commissioners court in the county of more than one million residents.