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Motor Vehicle Legal Questions and Answers
While motor vehicle laws differ by state, there's certain similarities across the country in the areas of titling registration and fees, taxes and drivers' licenses. On LawServer you can find federal and state laws pertaining to motor vehicles as well as other legal Questions & Answers.
Nationals of countries who have ratified the International Road Traffic Agreement may drive their vehicles in the United States for touring purposes without U.S. license plates and drivers' permits. A written approval from DOT is required in advance.
Vehicles Imported by Nonresidents
Non-residents who are planning to import their personal cars must have them fully documented to ensure that they do not have to pay additional taxes. This includes the bill of delivery, the certificate of origin, as well as any other legal documents covering the vehicle. All documents pertaining the vehicle need to be in English. If the vehicle is jointly owned by several people each signature must be notarized. A black-and-white copy of the driver's license or ID card must also accompany it. If they don't have these documents, a Power of Attorney may be used to sign all the paperwork.
To be legally entitled an import vehicle, it must comply with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. DOT standards require, in particular, that motor vehicles not older than 25 years of age conform to the safety and bumper requirements and that each vehicle be labelled by the manufacturer as having met these requirements.
EPA regulations also stipulate that all vehicles be compliant with air pollution emission standards. If a non-resident wants to import a vehicle that does not meet the standards, they must to submit 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 vary between states, however, there are a lot of similarities across the nation in registering vehicles and being licensed to drive. Federal laws also regulate driver and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation, establishes and enforces standards for vehicles and equipment. This includes motor sports-related requirements.
The first step in importing racing cars into the United States is to get written approval from DOT. This is only available for cars which are imported for the long term or temporarily entered for racing purposes.
In order to qualify to be eligible, you'll be required to possess a CAMS license and demonstrate your past motorsport participation and a legitimate need for the car. Additionally, you must satisfy other requirements to be compliant, 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 was race-ready when it is entered and does not have features that render it unsafe or unsuitable for use on roads or highways. You will have to select the box 7 on the HS-7 form you will be filling out with customs and submit an EPA letter of approval prior to the vehicle is cleared through customs.
Touring vehicles imported for touring
Motorists who are visiting 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 period of validity of their passports, whichever is shorter, without having to obtain license plates or driver's permits. They must present EPA forms AP3520-1 and H-7 upon entry.
Imported vehicles for touring are also subject to 40% Customs duty and 10 percent VAT, as as an ad valorem tax that can range from 15% up to 100% based on piston displacement. Additionally, spare parts sent with the imported automobile are also subject to these duties and taxes. motor vehicle accident lawyer pleasanton of the vehicle must be present in the presence of a person.
Vehicles imported for commercial use
The law defines the term "motor vehicle" as any device capable of transporting persons or property, and which is propelled using power other than muscle power. This encompasses all vehicles, except for (a) electric personal mobility devices operated by a person who has a disability, (b) farm type tractor that is used in the operation or farming business and also implements of mowing or snow plowing, (c) vehicles that run only on rails or tracks, and (d) vehicles that run on all-terrain surfaces. Each state's laws may differ slightly from the definition and any vehicle that falls within the statutory definition is subject to the state's licensing and registration requirements, as well as financial responsibility laws.
The motor vehicle division of the state regulates new and second-hand dealers as well as manufacturers, moving companies and other motor vehicle related companies. It also enforces the state Lemon Law which offers relief for customers who can prove they bought an unreliable vehicle or truck.
A government motor vehicle is a vehicle that has been purchased by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing and used to carry out the transportation purpose of an agency or business. This encompasses both domestic fleets and foreign ones. Furthermore the term is defined to include any vehicle used by the department of public safety when responding to emergencies or providing other emergency services. The definition excludes ambulances, private cars of firefighters or police officers, as well as vehicles owned by the commissioners court in an area with more than 1 million inhabitants.