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Motor Vehicle Legal Questions and Answers
While laws regarding motor vehicles differ from state to state, there are commonalities across the nation regarding titling and registration requirements including fees and taxes and driver's licenses. Here on LawServer you will find federal and state laws pertaining to motor vehicles as well as related legal Questions & Answers.
Nationals from countries that have ratified International Road Traffic Agreement can travel in their cars to the United States without U.S. license plates and driver's licenses. DOT must authorize the trip in writing.
Vehicles imported by non-residents
Non-residents who are planning to import their cars should have them documented to ensure that they do not be subject to additional duties. motor vehicle accident lawyer olathe includes the bill of lading, certificate of origin, as well as any other legal documents covering the vehicle. Additionally all documents that pertain to the vehicle need to be in English. If the vehicle is owned by more than one individual each signature must be notarized and accompanied by a black-and-white copy of their valid driver's license or ID card. If they do not have these documents, a Power of Attorney may be used to sign all the documents.
To be legally entitled an import vehicle, it must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. Particularly, DOT standards require that motor vehicles that are not more than 25 years of age conform to safety and bumper standards and that the manufacturer of each automobile must place the label on each vehicle stating that it satisfies these requirements.
Additionally, EPA regulations require that all vehicles comply with air pollution emissions standards. If a nonresident wants to import a vehicle that doesn't meet these requirements, they must file EPA form 3520-1 and DOT form HS-7 with CBP at the time of entry in order to receive prior approval from EPA.
Imported Racing Vehicles to Race
The laws that govern motor vehicles vary from one state to another, however there are a few universalities across the country in the process of registering an automobile and getting a driving license. Safety of the driver, highway and vehicle safety are enforced by federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and other equipment, which includes various motor sport related regulations.
If you plan 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 available for cars which are imported for the long term or temporarily race-related.
To be eligible to be eligible, you'll require an CAMS license and proof of your previous participation in motorsports and a genuine need for the vehicle. You will also have to comply with other requirements for compliance such as fitting child safety restraints and 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 unsuitable for use on roads or highways. You must mark the box 7 on the HS-7 form that you will be filing with customs and submit an EPA letter of approval prior to the vehicle clears customs.
Imported Vehicles for Touring
Tourists from Central and South American nations that have ratified Inter-American Convention of 1943 are allowed to drive their automobiles 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 and DOT 7 upon entry.
Automobiles imported for tourism purposes are also subject to 40% Customs duty, 10% VAT and an ad valorem tax of 15 percent to 100% based on the displacement of the piston using their book value as the basis. Additionally spare parts shipped in the import vehicle are also subject to these duties and taxes. The presence of the owner of the vehicle is required.
Vehicles imported for commercial purpose
The law defines the term "motor vehicle" to be any machine capable of transporting people or property, and that is powered by a source other than muscle power. This includes all vehicles, notwithstanding for (a) electric personal mobility devices that are operated by a person who has a disability, (b) farm type tractor that is used in the farming or agriculture business, as well as implements of snow plowing or grooming, (c) vehicles that operate solely on rails or tracks or tracks, and (d) vehicles with all-terrain capabilities. The laws of each state may differ from the definition and any vehicle that is not exempt that is deemed to be in compliance with 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 regulates dealers of second-hand and new vehicles as well as manufacturers, moving companies and other motor vehicle related companies. It also manages the state Lemon Law which offers relief to customers who prove they bought a defective car or truck.
A government motor vehicle is any vehicle that has been purchased by the executive through the purchase, forfeiture, or excess or commercial lease, or GSA fleet leasing, and is used to fulfill the transportation purpose of an agency or activity. This includes both foreign and domestic fleets. The term also encompasses any vehicle that is used to respond to emergencies or provide other emergency services provided by the Public Safety Department. The definition excludes ambulances, private vehicles owned by firefighters or police officers, and the vehicles of the commissioners court in a county that has more than one million residents.