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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are some similarities across the country regarding titling, registration requirements along with taxes and fees and driver's licenses. On LawServer you'll find state and federal laws on motor vehicles as in addition to related legal questions and answers.
The nationals of countries that 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. Written approval from DOT is required in advance.
Vehicles imported by nonresidents
Non-residents who are planning to import their own cars must document their vehicles to ensure that they do not pay additional duty. This documentation includes the bill of lading and the certificate of origin, as well as any other legal documents pertaining to the vehicle. Additionally the documents pertaining to the vehicle need to be in English. If the vehicle is owned by more than one person Each signature must be notarized with a black-and-white photocopy of their valid driver's license or ID card. If they don't have these documents a Power of Attorney may be used to sign all paperwork.
To be legally entitled an import vehicle, it must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. The DOT standards require, in particular, that motor vehicles not older than 25 years must conform to 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 must meet air pollution emission standards. If a nonresident wishes to import a vehicle that does not meet these requirements, they must file EPA form 3520-1 as well as DOT form HS-7 with CBP at the moment of entry to receive prior approval from EPA.
Imported Race Vehicles
The laws governing motor vehicles differ between states, however there are a number 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 national standards for cars and equipment, including several motor sport related regulations.
If you are planning to import an automobile racing car into the United States, the first step is to get prior written approval from the DOT. This is for cars that will be imported permanently or temporarily raced.
You'll need an CAMS licence and to prove that you've competed in motorsports and have a genuine need for a vehicle. You will also need to meet a number of other requirements for compliance, including the fitting of child restraints and 17-digit VIN plates.
The EPA will not permit you to import race cars into the US unless that car is in a race configuration at the time of entry and does not contain any features that make it unsafe or incompatible for use on highways or roads. motor vehicle accident law firm montgomery must make sure to check Box 7 of the HS-7 form that you'll be filing with customs and submit an EPA letter of approval before the vehicle is cleared through customs.
Touring vehicles imported for touring
Tourists from Central and South American nations that have been ratified by the Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. They must present EPA forms AP3520-1 as well as DOT the HS-7 at the time of entry.
Imported vehicles for touring are also subjected to customs duties of 40% and 10 percent VAT, as with an ad valorem fee ranging from 15% to 100% based on the piston displacement. In addition spare parts shipped with the imported automobile are also subject to these taxes and duties. Personal presence of the car-owner is essential.
Vehicles Imported for Commercial Purposes
The law defines "motor vehicle" as every device capable of transporting property or people and that is powered by a source other than muscular force that is, excluding (a) electric personal assistive mobility devices operated or driven by a person suffering from disabilities; (b) farm type tractor used for the operation of a farm business tools of husbandry, or snow plowing; (c) vehicles which are solely driven by tracks or rails; and (d) all-terrain vehicles. Every state's law may differ from the definition and any vehicle that is not exempt that meets the definition of the statute is subject to the state's licensing and registration laws, as well as financial responsibility laws.
The state's motor vehicle division regulates new and used dealers manufacturers, moving companies and other related businesses to motor vehicles. It also oversees the state Lemon Law, which offers relief to consumers who prove that they purchased an unreliable 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 used to carry out an agency's or activity's transport function. This includes both foreign and domestic fleets. The term also includes any vehicle used to respond to emergencies or provide other emergency services for the Public Safety department. The definition excludes private vehicles used by firefighters or police officers ambulances, as well as vehicles that are owned by the commissioners court of a county with a population greater than 1 million.