motor vehicle accident attorney Vehicle Legal Questions and Answers
Although motor vehicle laws vary according to state, there are certain similarities across the country in the areas of titling registration fees, taxes and drivers’ licenses. On LawServer you’ll find both state and federal laws on 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 want to import their personal cars must have them fully documented to ensure that they don’t incur additional duty. Documentation consists of the bill-of lading, certificate of origin, and any other legal documents related to the vehicle. The documents pertaining to the vehicle should 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 photocopy of their valid driver’s license or ID card. If they do not possess these documents, a Power of Attorney can be used to sign the necessary documents.
In order for an imported car to be legally registered in the United States, it must meet the Department of Transportation (DOT) and Environmental Protection Agency (EPA) regulations. DOT standards require, in particular, that motor vehicles that are not older than 25 years must conform to safety and bumper requirements and that each vehicle be labeled by the manufacturer as satisfying these standards.
EPA regulations also require that all vehicles comply with standards for air pollution emission. If a non-resident wants to import a car that is not in compliance with the standards, they must to file EPA form HS-7 and DOT form 3520-1 with CBP to get prior approval from EPA.
Vehicles Imported for Racing
The laws governing motor vehicle accident lawsuits (https://olderworkers.com.au/author/kxzzq89qx7cro-marymarshall-co-Uk) vehicles are different from one state to another, however there are some similarities across the country when it comes to registering a vehicle and obtaining a driving license. Driver, highway and vehicle safety are subject to federal laws. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for vehicles and other equipment, which includes several motor sport related regulations.
If you intend 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 that are imported for a long time or temporarily entered into racing.
You’ll need an CAMS license and proof that you have competed in motorsports and have a genuine need for a car. You must also meet other compliance requirements such as fitting child restraints and 17-digit VIN plate.
The EPA will not give you permission to import a race car into the US unless it is in race configuration at the time of its entry and does not have features that make it unsafe or unsuitable for use on streets and highways. You must mark the box 7 on the HS-7 form you will be filling out with customs and submit an EPA letter of approval before the vehicle clears customs.
Imported Touring Vehicles for touring
Motorists who are visiting the United States as tourists from Central and South American countries which have ratified 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, whichever is shorter and without needing to get license plates or driver’s permits. They must present EPA forms AP3520-1 as well as DOT the HS-7 at the time of entry.
Automobiles imported for tourism purposes are also subject to a 40% Customs duty as well as 10% VAT and an ad valorem tax ranging from 15% to 100% depending on piston displacement using their book value as the basis. These taxes and duties also apply to spare parts that are sent with the imported auto. The car owner must be present in person.
Vehicles imported for commercial purpose
The law defines “motor vehicle” as any device that is capable of transporting property or persons and is powered by a source other than muscular power that is, excluding (a) electric personal assistive mobility devices that are operated or driven by a person suffering from disabilities; (b) farm type tractor utilized in the operation of a farming business and implements of husbandry or snow plowing; (c) vehicles which are solely driven by tracks or rails or tracks; and (d) all-terrain vehicles. Every state’s law may differ slightly from the definition and any vehicle that is not exempt 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 regulates dealers who sell second-hand and new cars manufacturers, moving companies, and other motor vehicle related businesses. It also oversees the state Lemon Law, which offers relief to consumers who can prove that they bought an unreliable new car or truck.
The definition of a government motor vehicle is any vehicle purchased by the executive branch via purchase, excess, forfeiture, commercial lease or GSA fleet lease and utilized for the purpose of fulfilling an agency’s or organization’s transportation purpose. This encompasses both foreign and domestic fleets. Furthermore the term is defined to include any vehicle used by the department of public security in responding to emergencies or providing other emergency services. The definition excludes ambulances, private cars of police officers or firefighters, as well as vehicles owned by the commissioners court in a county with more than one million residents.