Motor Vehicle Legal Questions and Answers

While motor vehicle laws vary from state to state, there are a few similarities across the country regarding titling, registration requirements, fees and taxes, and driver's licenses. Here on LawServer you'll find federal and state laws governing motor vehicles as well as other legal Questions & 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. DOT must accept the trip in writing.

Vehicles imported by non-residents

Non-residents who are planning to import their own cars must make sure they have the necessary documentation to avoid any additional duties. This documentation includes the bill of lading, the certificate of origin, and any other legal documents covering the vehicle. The documents pertaining to the vehicle must also be in English. If the vehicle is shared by multiple 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 possess these documents, a Power of Attorney can be used to sign the required paperwork.

To allow an imported vehicle to be legally entitled in the United States, it must be in compliance with Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. In particular, DOT standards require that motor vehicles that are less than 25 years old, conform to safety and bumper standards and that the manufacturer of each such automobile affix an identification label to each vehicle that states that it meets these requirements.

Additionally, EPA regulations require that all vehicles meet the air pollution emission standards. If a nonresident wishes to import a car that does not meet the standards, they must to file EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.

Imported Race Vehicles

The laws governing motor vehicle accidents vehicles differ from state to state however there are a number of commonalities nationally regarding registering vehicles and being licensed to drive. 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 equipment, as well as a number of motor sport related regulations.

If you intend to import cars for racing in the United States, the first step is to obtain prior written approval from the DOT. This is necessary for vehicles that will be imported permanently or temporarily entered into racing.

To be eligible for this, you'll be required to possess a CAMS license and proof of your motorsport experience and a genuine need for the car. You must also meet a number of other compliance requirements, including the use of child restraints points and 17-digit VIN plates.

The EPA will not grant you permission to import a racing vehicle into the US unless it is racing at the time of its entry and does not have features that make it unsafe or inadvisable for use on roads and highways. You will have to complete the Box 7 on the HS-7 form you will be filing with customs and submit an EPA letter of approval prior to the vehicle can be cleared by customs.

Vehicles Imported for Touring

Tourists from Central and South American nations that have accepted the Inter-American Convention of 1943 are allowed to drive their automobiles in the United States without obtaining license plates or permits for a period of one year or the validity of their documents. They must present EPA forms AP3520-1 and DOT the HS-7 at the time of entry.

Imported vehicles used for touring are also subject to customs duty of 40% and 10 percent VAT, as as an ad valorem rate ranging from 15% to 100% based on the piston displacement. These taxes and duties apply to spare parts that are sent with the imported auto. Personal presence of the owner is required.

Vehicles Imported for Commercial Purposes

The law defines "motor vehicle" as any device that is capable of transporting property or persons and is driven by power other than muscular power that is, excluding (a) electric personal assistive mobility devices that are operated or driven by a person suffering from a disability; (b) farm type tractor that is used for the running of a farming business tools of husbandry, or snow plowing; (c) vehicles which run only upon rails or tracks; and (d) all-terrain vehicles. The definition may vary slightly in different states, and any vehicles that are not eligible for exemptions are subject to the licensing, registration and financial responsibility laws of the state.

The motor vehicle division of the state regulates new and used dealers manufacturing companies, firm moving firms, and other motor vehicle-related businesses. It also administers state Lemon Law which offers relief to those who can prove they bought a defective car or firm truck.

A government motor vehicle is any vehicle that was acquired by the executive through purchase, forfeiture, excess or commercial lease or GSA fleet leasing and used to perform the transportation role of an agency or business. This includes both foreign and domestic fleets. Additionally, the term is defined to encompass any vehicle used by the department of public safety when responding to emergencies or providing other emergency services. The definition does not include private vehicles of firefighters or police officers ambulances, vehicles, and other vehicles that belong to the commissioners' court of a county with more than one million.