Motor Vehicle Legal Questions and Answers

While the laws governing motor vehicles vary from state to state, there are a few similarities across the country regarding titling, registration requirements, fees and taxes, and driver's licenses. On LawServer you'll find both state and federal laws on motor vehicles as and related legal questions and answers.

Nationals of countries that have accepted 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 authorize the trip in writing.

Vehicles imported by non-residents

Non-residents who wish to import their own cars must make sure they have the necessary documentation to avoid any additional taxes. Documentation includes the bill of lading, the certificate of origin and any other legal documents related to the vehicle. Additionally 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 and accompanied by a black and white copy of their valid driver license or ID card. If they don't have these documents a Power of Attorney may be used to sign all paperwork.

To be legally titled an imported vehicle, it must meet the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular DOT standards require that motor vehicles less than 25 years of age conform to safety and bumper standards, and that the manufacturer of each one affix an identification label to each vehicle that states that it meets these requirements.

EPA regulations also stipulate that all vehicles must meet the standards for air pollution emissions. If a non-resident wants to import a vehicle that does not meet the standards then they must submit EPA form 3520-1 and DOT form HS-7 with CBP at the moment of entry to receive prior approval from EPA.

Imported Race Vehicles for Racing

The laws governing motor vehicles differ from state to state, but there are many commonalities nationally regarding registering vehicles and being licensed to drive. Highway, driver and vehicle safety are also controlled by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and equipment, including a number of motor vehicle Accident lawyers sport related requirements.

If you are importing cars for racing in the United States, the first step is to obtain prior written approval from the DOT. This is necessary for vehicles that will be permanently imported or temporarily raced.

In order to qualify for this, you will need to have a CAMS license and prove your previous motorsport participation and a genuine need for the car. You will also have to satisfy other compliance requirements such as fitting child restraints and a 17-digit VIN plate.

The EPA won't allow you to import race cars into the US unless that car is race-ready at the time entry and doesn't have any features that would make unsafe or unsuitable for use on highways or roads. You will need 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 is cleared through customs.

Vehicles Imported for Touring

Tourists from Central and South American nations that have been ratified by the Inter-American Convention of 1943 are permitted to drive their vehicles in the United States without obtaining license plates or permits for a time of one year or the validity of their documents. They must show EPA forms AP3520-1 as well as DOT H-7 upon entry.

Imported vehicles for touring are also subject to Customs duty of 40% and 10 percent VAT, as well as an ad valorem tax ranging from 15% to 100%, based on the piston displacement. In addition spare parts that are shipped with the imported 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 the term "motor vehicle" to mean any device capable of transporting persons or property, and that is propelled using power other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal mobility devices operated by a person who suffers from an impairment, (b) farm type tractor used in the farming or agricultural business, as well as implements of snow plowing or grooming, (c) vehicles that are solely driven by rails or tracks or tracks, and (d) vehicles with all-terrain capabilities. The definition of "motor vehicle" may differ between states, and the vehicles that are not eligible for exemption are subject to licensing, registration and financial responsibility laws of the state.

The motor vehicle division of the state regulates dealers of second-hand and new vehicles manufacturers, moving companies, and other motor vehicle accident lawyer vehicle-related companies. It also enforces the state Lemon Law which offers relief to those who can prove that they purchased a defective car or truck.

The definition of a"government" motor vehicle is any vehicle purchased by the executive branch through purchase, excess, forfeiture, commercial lease or GSA fleet lease, and used for the purpose of fulfilling an agency's or organization's transportation function. This includes both domestic fleets and foreign ones. Additionally the term is defined as any vehicle that is used by the department of public safety in responding to emergencies or providing other emergency services. The definition excludes private vehicles used by firefighters or police officers, ambulances, and vehicles owned by the commissioners court of a county having more than 1 million.