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Motor Vehicle Legal Questions and Answers

While motor vehicle laws vary from state to state, there are a few similarities across the nation in titling requirements, registration requirements along with taxes and fees and driver's licenses. Here on LawServer you can find federal and state laws on motor vehicles as well as related legal Questions & Answers.

The nationals of countries that have ratified the International Road Traffic Agreement may drive their cars in the United States for touring purposes without U.S. license plates and drivers' licenses. DOT must be notified in writing of the trip.

Vehicles Imported by Nonresidents

Non-residents who are planning to import their personal cars must have them fully documented to ensure that they do not have to pay additional taxes. This includes the bill of delivery, the certificate of origin, and any other legal documents pertaining to the vehicle. All documents related to the vehicle must also be in English. If the vehicle is owned by a number of people each signature has to be notarized. A black-and white copy of the driver's license or ID card should be accompanied by it. If they do not have these documents, a Power of Attorney can be used to sign the necessary documents.

In order for an imported car to be legally titled in the United States, it must conform to the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. The DOT standards demand that vehicles not older than 25 years of age conform to safety and bumper requirements and that every vehicle be labelled by the manufacturer as satisfying these requirements.

Furthermore, EPA regulations require that all vehicles meet air pollution emissions standards. If a nonresident wants to import vehicles that do not meet these requirements they must file EPA form 3520-1 and DOT form H-7 with CBP at the time of entry in order to receive prior approval from EPA.

Vehicles Imported for Racing

The laws governing motor vehicles differ from one state to another, however there are a few commonalities across the nation when it comes down to registering a vehicle and obtaining an official 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 national standards for cars and equipment, as well as several motor sport related requirements.

If you are planning to import an automobile racing vehicle into the United States, the first step is to obtain prior written approval from the DOT. This is for cars which will be imported for the duration of their ownership or temporarily entered into racing.

In order to qualify for this program, you'll need to have an CAMS license and proof of your previous motorsport participation and a real need for the car. You also need to satisfy other compliance requirements like fitting child restraints and 17-digit VIN plate.

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

Vehicles Imported for Touring

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

Imported vehicles for use in touring are also subject to a 40% Customs duty, 10% VAT, and ad valorem tax of 15% to 100% depending on piston displacement using their book value as the base. These duties and taxes also apply to spare parts sent with the imported auto. The owner of the vehicle has to be present in the presence of a person.

Vehicles imported for commercial purpose

The law defines "motor vehicle" as every device capable of transporting people or property that is propelled by power other than muscular force, except (a) electric personal assistive mobility devices that are operated or driven by a person with a disability; (b) farm type tractor utilized in the operation of a farming enterprise or implements of husbandry or snow plowing; (c) vehicles which run only upon tracks or rails or motor vehicle tracks; and (d) all-terrain vehicles. The definition may vary slightly between states, and the vehicles which do not meet the criteria for exemption are subject to the registration, licensing and financial accountability laws of the state.

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

A government motor vehicle accident lawsuit vehicle is any vehicle that is acquired by the executive through the purchase, forfeiture, or excess or commercial lease or GSA fleet leasing, and is used to carry out the transportation function of an agency, or operation. This includes both domestic and foreign fleets. Additionally the definition of the word is to include any vehicle used by the department of public safety when responding to emergencies or providing other emergency services. The definition excludes ambulances, private vehicles owned by police officers or firefighters as well as vehicles owned by the commissioners court of an area with more than 1 million people.