motor vehicle accident law firm Vehicle Legal Questions and Answers

Although motor vehicle laws vary from state to state, there are certain similarities across the United States in terms of titling, registration and fees, taxes and drivers licenses. On LawServer, you'll find federal and state laws on motor vehicles as along with related legal questions and answers.

Nationals of 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. Written approval from DOT is required in advance.

Vehicles Imported by Nonresidents

Non-residents who want to import their cars must document their vehicles to ensure that they don't have to pay additional taxes. This includes the bill of lading, certificate of origin, and 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 and accompanied by 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 the documents.

To be legally titled, an imported vehicle must comply with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. The DOT standards demand that motor vehicle accident lawsuits vehicles that are not older than 25 years must conform to safety and bumper requirements, and that each automobile be labelled by the manufacturer as having met these standards.

Additionally, EPA regulations require that all vehicles meet air pollution emission standards. If a nonresident wants to import a vehicle 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 for Racing

The laws that govern motor vehicles differ from one state to another, however there are some commonalities across the country in the process of registering vehicles and obtaining the required 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 standards for vehicles and equipment. This includes motor sports-related rules and regulations.

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

You'll require an CAMS license and proof that you've competed in motorsports, and have a valid need for a vehicle. Additionally, you must comply with other requirements for compliance such as fitting child safety restraints and a 17-digit VIN plate.

The EPA does not permit you to import race cars into the US unless it is race-ready at the time of entry and does not have any features that would make it unsafe or incompatible for use on highways or roads. You must make sure to select the box 7 on the HS-7 form that you'll submit to customs, and submit an EPA letter of approval prior to the vehicle can be cleared by customs.

Vehicles Imported for Touring

Motorists visiting the United States as tourists from Central and South American countries which have ratified the Inter-American Convention of 1943 may use their vehicles in the United States for one year or the period of validity of their documents or less, without having to obtain license plates or driver's permits. They must show EPA forms AP3520-1 and HS-7 upon entry.

Imported vehicles for use in touring are also subject to Customs duty as well as 10% VAT and an ad valorem taxes ranging from 15 percent to 100% based on the displacement of pistons using their book value as their base. Additionally spare parts included along with the vehicle are also subject to these taxes and duties. The presence of the owner of the vehicle is necessary.

Vehicles imported for commercial use

The law defines "motor vehicle" as every vehicle that can transport property or people and that is driven by power other than muscular force and is not limited to (a) electric personal assistive mobility devices that are operated or driven by an individual with disabilities; (b) farm type tractor that is used for the running of a farming business or implements of husbandry or snow plowing; (c) vehicles which run solely on tracks or rails and (d) all-terrain vehicles. The definition of "motor vehicle" may differ between states, and vehicles that do not qualify for exemption are subject to the licensing, registration, and financial responsibility laws of the state.

The motor vehicle division of the state regulates dealers who sell second-hand and new cars, 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 purchased a vehicle or truck.

A government motor vehicle is any vehicle that is acquired by the executive through purchase, excess, forfeiture or commercial lease or GSA fleet leasing and utilized to carry out the transport function of an agency, or business. This includes both domestic and foreign fleets. It also includes any vehicle used to respond to emergencies or provide other emergency services by the department of Public Safety. The definition does not include private vehicles of police officers or firefighters ambulances, vehicles, and other vehicles belonging to the commissioners court of a county that has more than 1 million.