Motor Vehicle Legal Questions and Answers

While laws regarding motor vehicles differ from state to state, there are some commonalities across the nation regarding titling and registration requirements including fees and taxes and driver's licenses. On LawServer you can find the federal and state laws governing motor vehicles as along with related legal questions and answers.

Nationals from 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. DOT must be notified in writing of the trip.

Vehicles imported by non-residents

Non-residents who are planning to import their own vehicles must ensure that they have all the necessary documentation to avoid any additional duties. This includes the bill of lading and the certificate of origin, as well as any other legal documents covering the vehicle. All documents related 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 copy of their valid driver's license or ID card. If they don't have these documents, a Power of Attorney can be used to sign the necessary documents.

To be legally titled, an imported vehicle must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. Particularly, DOT standards require that motor vehicle accident vehicles not more than 25 years old, conform to safety and bumper standards and that the manufacturer of each one affix an identification label to each vehicle that indicates that it is in compliance with these standards.

EPA regulations also require that all vehicles must meet the standards for air pollution emissions. If a nonresident wants to import a car that isn't in compliance with standards, they must to submit EPA form HS-7 and DOT form 3520-1 with CBP to obtain prior approval from EPA.

Imported Vehicles for Racing

The laws governing motor vehicles vary from one state to the next, but there are some commonalities across the nation when it comes to the registration of an automobile and getting an driving license. Highway, driver and vehicle safety are also subject to federal laws. 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 requirements.

The first step to import a racing car to the United States is to get written approval from DOT. This is available for cars that are imported for firms a long time or temporarily used for racing purposes.

You'll need a CAMS licence and to prove that you've participated in motorsports and have a real desire to own a car. You will also need to meet a number of other requirements for compliance, including the fitting of child restraints and 17-digit VIN plates.

The EPA will not permit you to import race cars into the US in the event that the car is in a race configuration at the time entry and doesn't have any features which make it unsafe or not suitable for use on highways or roads. You will need to check box 7 on the HS-7 customs form and provide an EPA letter before the vehicle is cleared.

Imported Touring Vehicles

Tourists from Central and South American nations that have ratified 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. They must present EPA forms AP3520-1 or DOT HS-7 upon entry.

Imported vehicles for touring are also subjected to Customs duty of 40% and 10 percent VAT, as well as an ad valorem tax that ranges from 15% to 100%, based on the piston displacement. Additionally, spare parts sent in the import vehicle are also subject to these duties and taxes. The owner of the car must be present in person.

Vehicles imported for commercial use

The law defines "motor vehicle" as every device that is capable of transporting property or people and that is powered by a source other than muscular force and is not limited to (a) electric personal assistive mobility devices operated or driven by a person suffering from disabilities; (b) farm type tractor that is used for the running of a farm business, implements of husbandry, or snow plowing; (c) vehicles which are solely driven by rails or tracks or tracks; and (d) all-terrain vehicles. The definition of "motor vehicle" may differ between states, and vehicles which do not meet the criteria for exemption are subject to licensing, registration and financial responsibility laws of the state.

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

The definition of a"government" vehicle is any vehicle that is acquired by the executive branch through purchase or forfeiture, in excess, commercial lease or GSA fleet lease, and used to carry out an agency's or activity's transportation purpose. This includes both domestic fleets and firms foreign ones. It also includes any vehicle used to respond to emergencies or provide other emergency services provided by the department of Public Safety. The definition excludes private vehicles used by firefighters or police officers ambulances, vehicles, and other vehicles that belong to the commissioners' court of a county with more than one million.