Motor Vehicle Legal Questions and Answers

While laws regarding motor vehicle accident lawsuits 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 federal and state laws regarding motor vehicles as in addition to related legal questions and answers.

Nationals from countries that have ratified the International Road Traffic Agreement can drive their cars into the United States without U.S. driver's licenses and license plates. A written approval from DOT is required in advance.

Vehicles imported by non-residents

Non-residents who are planning to import their cars must document their vehicles to ensure that they don't incur additional duty. Documentation includes the bill of lading, certificate of origin and any other legal documents that pertain to the vehicle. In addition all documents that pertain to the vehicle must be in English. If the vehicle is owned by more than one person each signature has to be notarized with a black-and-white photocopy of their valid driver's license or ID card. If they do not have these documents, a Power of Attorney can be used to sign the necessary paperwork.

In order for an imported vehicle to be legally registered 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 not more than 25 years old, conform to safety and bumper standards and that the producer of each such automobile affix the label on each vehicle stating that it satisfies these requirements.

Furthermore, EPA regulations require that all vehicles meet air pollution emission standards. If a nonresident wants to import a car that does not meet the requirements, they'll have to submit EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.

Imported Racing Vehicles

The laws that govern motor vehicles vary from one state to the next, but there are a few commonalities across the country when it comes to the registration of a vehicle and obtaining an driving license. Federal laws also regulate highway, driver and security of vehicles. The National Highway Traffic Safety Administration, within the Department of Transportation, establishes and enforces standards for cars and equipment. This includes motor sport-related requirements.

The first step to import racing vehicles into the United States is to get written approval from DOT. This is required for cars that are imported for a long time or temporarily entered into racing.

To be eligible for this program, you'll need to have an CAMS license and proof of your motorsport experience and a legitimate need for the vehicle. You also need to meet other requirements to be compliant such as fitting child restraints and a 17-digit VIN plate.

The EPA will not allow you to import a race car into the US unless that car is racing at the time entry and doesn't have any features that would make it unsafe or not suitable for use on roads and highways. You will need to check box 7 on the HS-7 customs form and provide an EPA letter prior to the time your vehicle is cleared.

Imported Vehicles 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 drive their vehicles in the United States for one year or the validity period of their documents, whichever is shorter without the need to obtain license plates or driver's permits. However, they must to present EPA forms AP 3520-1 and DOT HS-7 at the moment of entry.

Cars imported for purposes of touring are also subject to customs duty as well as 10% VAT and ad valorem tax from 15% to 100% depending on the displacement of pistons using their book value as a base. These taxes and duties apply to spare parts shipped with the vehicle imported. The presence of the owner of the vehicle is necessary.

Vehicles imported for commercial use

The law defines "motor vehicle" as every device that is capable of moving people or property and which 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 who has disabilities; (b) farm type tractor that is used for the running of a farming business tools of husbandry, or snow plowing; (c) vehicles which run solely on rails or tracks or tracks; and (d) all-terrain vehicles. The laws of each state may differ from the definition and any vehicle that is not exempt that qualifies under the statutory definition is subject to the state's licensing, registration, and financial responsibility laws.

The motor vehicle division of the state regulates used and new dealers, manufacturers, moving companies and other related businesses to motor vehicle accident attorneys vehicles. It also oversees the state's Lemon Law which offers relief to customers who can prove that they purchased a defective car or truck.

The definition of a"government" vehicle includes any vehicle that has been acquired by the executive branch via purchase excess, forfeiture, commercial lease or GSA fleet lease and used to fulfill an agency's or organization's transportation function. This includes both foreign and domestic fleets. The term also encompasses any vehicle that is used to respond to emergencies or provide other emergency services provided by the department of Public Safety. The definition excludes ambulances, private vehicles of police or firefighters, and any vehicle owned by the commissioners court of a county with more than 1 million inhabitants.