Motor Vehicle Legal Questions and Answers

Although motor vehicle laws vary according to state, there are certain similarities across the United States regarding titling registration and fees, taxes and drivers' licenses. Here on LawServer you'll find federal and state laws pertaining to motor vehicle accident vehicles, as well as related legal Questions & Answers.

The nationals of the countries that have signed the International Road Traffic Agreement may drive their cars 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 nonresidents

Nonresidents who wish to import their own cars must ensure that they are fully documented to ensure that they do not incur additional duty. Documentation includes the bill of lading, certification of origin and other legal documents that pertain to the vehicle. In addition the documents pertaining to the vehicle need to be in English. If the vehicle is owned by more than one individual each signature has to be notarized and accompanied by a black-and-white photocopy of their current driver's license or ID card. If they do not have these, a Power of Attorney can be used to sign the necessary paperwork.

To be legally titled an import vehicle, it must be in compliance with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular DOT standards demand that motor vehicles that are not more than 25 years old adhere to safety and bumper standards and that the producer of each one affix a label on each such vehicle stating that it satisfies these requirements.

EPA regulations also stipulate that all vehicles must meet air pollution emission standards. If a non-resident wishes to import vehicles that do not comply with these standards then they must submit EPA form 3520-1 and DOT form H-7 with CBP at the moment of entry to receive prior approval from EPA.

Imported Vehicles for Racing

The laws that govern motor vehicles are different from one state to another, but there are similarities across the country in the process of registering the vehicle and getting the required driving license. Federal laws also regulate the safety of drivers, highways and security of vehicles. The National Highway Traffic Safety Administration within the Department of Transportation, establishes and enforces standards for vehicles and other equipment. This includes motor sport-related requirements.

If you intend to import an automotive racing car into the United States, the first step is to obtain prior written approval from the DOT. This is a requirement for cars that are imported for a long time or temporarily entered for racing purposes.

To be eligible for this, you'll be required to possess a CAMS license and proof of your motorsport experience and a real need for the car. Additionally, you must satisfy a variety of other requirements for compliance, including 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 racing during its entry and lacks features that make it unsafe or firms impractical for use on streets and highways. You must check box 7 on the HS-7 customs form and provide an EPA letter prior to when the vehicle is cleared.

Imported Touring Vehicles for Touring

Motorists who are visiting the United States as tourists from Central and South American countries which have ratified the Inter-American Convention of 1943 may drive their cars 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. However, they are required to present EPA forms AP 3520-1 and DOT HS-7 at the time of entry.

Vehicles imported for touring purposes are also subject to a 40% Customs duty, 10% VAT and ad valorem tax ranging from 15% to 100% depending on the displacement of the piston using their book value as the basis. In addition spare parts that are shipped in the import vehicle are also subject to these duties and taxes. The owner of the vehicle must be present in the presence of a person.

Vehicles imported for commercial use

The law defines "motor vehicle" as every vehicle that can transport property or persons and is driven by power other than muscular force, except (a) electric personal assistive mobility devices that are operated or driven by a person suffering from disabilities; (b) farm type tractor that is used for the running of a farming enterprise or implements of husbandry or snow plowing; (c) vehicles which are solely driven by tracks or rails or tracks; and (d) all-terrain vehicles. Every state's law may differ slightly from the definition and any nonexempt vehicle that qualifies under the definition of the statute is subject to the state's licensing, registration, and financial responsibility laws.

The motor vehicle division of the state is responsible for regulating used and new dealers, manufacturers, moving firms and firms other motor vehicle-related companies. 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 accident lawsuit vehicle is any vehicle that is acquired by the executive through the purchase, forfeiture, or excess or commercial lease or GSA fleet leasing, and used to fulfill the transportation function of an agency or the activity. This includes both domestic fleets as well as foreign ones. Additionally, the term is defined to encompass any vehicle utilized by the department of public safety when responding to emergencies or providing other emergency services. The definition excludes private vehicles owned by police officers or firefighters, ambulances, and vehicles belonging to the commissioners court of a county that has more than one million.