Motor Vehicle Legal Questions and Answers

Although the laws regarding motor vehicles differ from state to state, there are commonalities across the nation regarding titling and registration requirements along with taxes and fees and driver's licenses. On LawServer you can 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 to the United States without U.S. driver's licenses and license plates. Written approval from DOT is required in advance.

Vehicles imported by non-residents

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 documentation includes the bill of lading, the certificate of origin, as well as any other legal documents pertaining to the vehicle. All documents pertaining the vehicle must also be in English. If the vehicle is owned by several individuals each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should be attached to it. If they do not have these documents, a Power of Attorney may be used to sign all the documents.

To be legally entitled the vehicle that is imported must comply with the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. In particular DOT standards demand that motor vehicles less than 25 years old conform to safety and bumper standards, and that the manufacturer of each such automobile affix the label on each vehicle stating that it satisfies these standards.

Furthermore, EPA regulations require that all vehicles meet air pollution emissions standards. If a nonresident wishes to import a vehicle that isn't in compliance with standards, they must to file EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.

Imported Racing Vehicles

The laws for motor vehicle accident vehicles vary from state to state, however, there are some commonalities across the country regarding registering vehicles and being licensed to drive. 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 vehicles and other equipment, which includes various motor vehicle accident law firms sport related regulations.

If you are planning to import an automotive racing car into the United States, the first step is to get prior written approval from the DOT. This is required for cars which will be imported for the duration of their ownership or temporarily raced.

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

The EPA won't grant you permission to import a race car into the US unless it is in race configuration during its entry and lacks features that make it unsafe or inadvisable for use on streets and highways. You must make sure to mark the box 7 on the HS-7 form that you will be filling out with customs and submit an EPA letter of approval prior to the vehicle can be cleared by customs.

Imported Touring Vehicles

Motorists traveling to 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 period of validity of their passports or shorter as long as they do not need license plates or driver's licenses. They must present EPA forms AP3520-1 and DOT HS-7 upon entry.

Imported vehicles used for touring are also subject to customs duties of 40% and 10 percent VAT, as as an ad valorem tax that can range from 15% up to 100% based on piston displacement. In addition, spare parts sent in the import vehicle are also subject to these taxes and duties. The owner of the car must be present in the presence of a person.

Vehicles imported for commercial purposes

The law defines a "motor vehicle" to mean any device capable of transporting people or property, and is powered by a source other than muscle power. This is true for all vehicles, with the exception for (a) electric personal mobility devices that are operated by a person who has disabilities, (b) farm type tractor used in operation or farming business and also implements of snow plowing or husbandry, (c) vehicles that operate solely on rails or tracks or tracks, and (d) vehicles with all-terrain capabilities. Each state's statute may differ from the definition, and any nonexempt vehicle that qualifies under the statutory definition is subject to the state's licensing and registration as well as financial responsibility laws.

The motor vehicle division of the state governs used and new dealers and manufacturers, as well as moving companies and other motor vehicle-related companies. It also enforces the state Lemon Law which offers relief to customers who prove that they purchased a vehicle that was defective.

The definition of a government motor vehicle is any vehicle that is acquired by the executive branch through purchase, excess, forfeiture, commercial lease or GSA fleet lease that is used in the performance of an agency's or activity's transport purpose. This includes both domestic and foreign ones. In addition the definition of the word is to include any vehicle used by the department of public safety for responding to emergencies or providing other emergency services. The definition excludes ambulances, private vehicles of police officers or firefighters and any vehicle owned by the commissioners court of the county of more than 1 million people.