Motor Vehicle Legal Questions and Answers
While motor vehicle laws differ by state, there are certain similarities across the United States in terms 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.
The nationals of the countries that have accepted the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' permits. Written approval from DOT is required prior to.
Vehicles imported by non-residents
Non-residents who wish to import their own vehicles must ensure that they have all the documentation to avoid additional duties. Documentation includes the bill-of-lading certificate of origin and any other legal documents related to the vehicle. In addition all documents that pertain to the vehicle must be in English. If the vehicle is owned by multiple people each signature must be notarized. A black-and-white photocopy of the driver's license or ID card should be included with it. If they don't have these, a Power of Attorney can be used to sign the necessary documents.
To allow an imported car to be legally titled in the United States, it must be in compliance with Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. DOT standards require particularly that motor vehicles that are not older than 25 years of age conform to safety and bumper regulations, and that each automobile be labeled by the manufacturer as meeting these requirements.
EPA regulations also require that all vehicles must comply with standards for air pollution emission. If a non-resident wishes to import a vehicle that doesn't meet these requirements, they must file EPA form 3520-1 and DOT HS-7 with CBP at the moment of entry to receive prior approval from EPA.
Imported Racing Vehicles to Race
The laws that govern motor vehicles vary from state to another, but there are commonalities across the nation when it comes to registering a vehicle and obtaining an driving license. Federal laws also regulate driver and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and other equipment, which includes several motor sport related regulations.
The first step to import a racing car into the United States is to get written approval from DOT. This is necessary for vehicles that will be permanently imported or temporarily raced.
To be eligible for this, you'll need to have an CAMS license and proof of your motorsport experience and a legitimate need for the vehicle. Additionally, you must satisfy other compliance requirements like fitting child restraints and 17-digit VIN plate.
The EPA will not give you permission to import a racing vehicle into the US unless it is race-ready during its entry and lacks features that make it unsafe or unsuitable for use on roads or highways. You will need to check Box 7 of the HS-7 form you will be submitting to customs and submit an EPA letter of approval prior to the vehicle can be cleared by customs.
Touring vehicles that are imported to tour
Motorists who visit the United States as tourists from Central and South American countries which have accepted the Inter-American Convention of 1943 may drive their vehicles in the United States for one year or the validity period of their passports or less without the need to obtain license plates or driver's licenses. They must present EPA forms AP3520-1 and DOT the HS-7 at the time of entry.
Vehicles imported for touring purposes are also subject to Customs duty as well as 10% VAT and an ad valorem taxes ranging from 15% to 100% depending on piston displacement using their book value as the basis. In addition, spare parts sent with the imported vehicle are also subject to these duties and taxes. The owner of the vehicle has to be present in the presence of a person.
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The law defines the term "motor vehicle" to be any machine capable of transporting people or property and is driven by power other than muscle power. This encompasses all vehicles, except for (a) electric personal mobility devices operated by a person who has disabilities, (b) farm type tractor that is used in the farming or operation and also implements of mowing or snow plowing, (c) vehicles that operate solely on rails or tracks, and (d) vehicles with all-terrain capabilities. Each state's laws may differ slightly from the definition, and any nonexempt vehicle that is deemed to be in compliance with the definition of the statute is subject to the state's licensing and registration laws, as well as financial responsibility laws.
The motor vehicle division of the state governs used and new dealers, manufacturers, moving firms and other motor vehicle related companies. It also manages the state Lemon Law, which offers relief to those who prove that they bought a defective new car or truck.
The definition of a"government" motor vehicle includes any vehicle acquired by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease and utilized for the purpose of fulfilling an agency's or activity's transport function. This encompasses both domestic fleets and foreign ones. Furthermore the definition of the word is to encompass any vehicle utilized by the department of public safety for responding to emergencies or providing other emergency services. The definition excludes private vehicles owned by firefighters or police officers ambulances, vehicles, and other vehicles owned by the commissioners court of a county having more than one million.