Motor Vehicle Legal Questions and Answers

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

Nationals of countries that have ratified the International Road Traffic Agreement can drive their vehicles to the United States without U.S. driver's licenses or license plates. Written approval from DOT is required in advance.

Vehicles Imported by Nonresidents

Non-residents who want to import their cars should have them documented to ensure that they don't pay additional duty. This documentation includes the bill of delivery, the certificate of origin, and any other legal documents pertaining to the vehicle. All documents pertaining 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 copy 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.

In order for an imported vehicle to be legally registered in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. Particularly DOT standards require that motor vehicles less than 25 years of age conform to safety and bumper standards and that the producer of each vehicle affix an inscription on each vehicle stating that it satisfies these standards.

Furthermore, EPA regulations require that all vehicles meet air pollution emission standards. If a nonresident wishes to import a vehicle that does not comply with these standards, they must file EPA form 3520-1 and DOT form H-7 with CBP at the time of entry in order to get prior approval from EPA.

Imported Racing Vehicles to Race

Motor vehicle laws differ from state to state, however, there are a lot of similarities across the nation in registering vehicles and being licensed to drive. Safety of the driver, highway and vehicle safety are regulated by federal laws. The National Highway Traffic Safety Administration is part of the Department of Transportation, firms establishes and enforces standards for cars and equipment. This includes motor vehicle accident sports-related requirements.

If you are planning to import an automotive racing car into the United States, the first step is to obtain prior written approval from the DOT. This is only required for cars that will be imported permanently or that are temporarily entered into racing.

You'll need an CAMS licence and to prove that you've competed in motorsports and that you have a legitimate need for a vehicle. You must also comply with other requirements for compliance including fitting child restraints and a 17-digit VIN plate.

The EPA does not grant permission to import a racing car into the US unless it was race-ready at the time of entry and has features that make it unsafe or inadvisable for use on roads and highways. You must make sure to select 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 clears customs.

Touring vehicles imported for touring

Tourists from Central and South American nations that have signed the Inter-American Convention of 1943 are permitted to drive their vehicles in the United States without obtaining license plates or permits for a period of one year, or the validity of their documents. However, they are required to show EPA forms AP 3520-1 and DOT HS-7 at the moment of entry.

Imported vehicles used for touring are also subjected to Customs duty of 40% and 10 percent VAT, as well as an ad valorem rate ranging from 15% to 100% based on the piston displacement. These duties and taxes also apply to spare parts shipped with the vehicle imported. Personal presence of the car-owner is necessary.

Vehicles Imported for Commercial Purposes

The law defines the term "motor vehicle" to be any machine capable of transporting people or property, and which is powered by a source other than muscle power. This includes all vehicles, except for (a) electric personal mobility devices operated by a person with an impairment, (b) farm type tractor used in farming or operation as well as equipment of husbandry or snow plowing, (c) vehicles that operate solely on rails or tracks or tracks, and (d) vehicles that are all-terrain. Every state's law may differ from the definition and any vehicle that is deemed to be in compliance with the definition of the statute is subject to the state's licensing and registration as well as financial responsibility laws.

The state's motor vehicle division regulates new and used dealers manufacturing companies, moving firms, and other businesses related to motor vehicles. It also oversees the state Lemon Law, which offers relief to consumers who can prove they bought an unreliable new car or truck.

The definition of a"government" motor vehicle includes any vehicle that has been acquired by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease and utilized for the purpose of fulfilling the transportation function. This includes both domestic and foreign fleets. The term also encompasses any vehicle that is used to respond to emergencies or provide other emergency services by the Public Safety department. The definition excludes private vehicles used by firefighters or police officers ambulances, vehicles, and other vehicles belonging to the commissioners court of a county that has more than 1 million.