motor vehicle accident lawyer rock hill and Answers
Although motor vehicle laws vary according to state, there are certain similarities across the country in terms of titling, registration, fees, taxes, and drivers licenses. On LawServer you'll find both federal and state laws on motor vehicles, as and related legal questions and answers.
Nationals of countries that have ratified International Road Traffic Agreement can drive their cars into the United States without U.S. driver's licenses and license plates. DOT must accept the trip in writing.
Vehicles Imported by Nonresidents
Non-residents who wish to import their own vehicles should ensure they have the necessary documentation to avoid any additional fees. This documentation includes the bill of lading, the certificate of origin, and any other legal documents that pertain to the vehicle. In addition, all documents pertaining to the vehicle must be in English. If the vehicle is owned jointly by several people each signature has to be notarized. A black-and-white photocopy of the driver's license or ID card should be included with it. If they don't have these documents, a Power of Attorney may be used to sign all documents.
To be legally titled, an imported vehicle must conform to the Department of Transportation's (DOT) and Environmental Protection Agency's (EPA) regulations. The DOT standards require specifically that motor vehicles that are not older than 25 years of age conform to safety and bumper regulations, and that each automobile be labeled by the manufacturer to meet these requirements.
Furthermore, EPA regulations require that all vehicles comply with air pollution emissions standards. If a nonresident wants to import a car which does not meet the requirements, they will need 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 that govern motor vehicles vary from state to another, but there are commonalities across the country in the process of registering the vehicle and getting a driving license. Federal laws also regulate highway, driver and vehicle security. The National Highway Traffic Safety Administration within the Department of Transportation establishes and enforces national standards for cars and equipment, as well as a number of motor sport related regulations.
If you intend to import an automobile racing car into the United States, the first step is to get prior written approval from the DOT. This is only available for cars which are imported for the long term or temporarily entered for racing purposes.
You'll require an CAMS licence and to prove that you've participated in motorsports, and have a valid need for a car. You must also comply with a range of other requirements for compliance, including the fitting of child restraints and 17-digit VIN plates.
The EPA will not 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 impractical for use on roads and highways. You will have to select box 7 on the HS-7 customs form, and then submit an EPA letter before the vehicle is cleared.
Vehicles Imported 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 period of one year, or the validity of their documents. They must present EPA forms AP3520-1 or DOT 7 upon entry.
Imported vehicles used for touring are also subjected to customs duty of 40% and 10% VAT, as well being subject to an ad valorem rate that can range from 15% up to 100%, based on the piston displacement. These taxes and duties apply to spare parts included in the imported vehicle. The presence of the owner of the vehicle is necessary.
Vehicles imported for commercial use
The law defines a "motor vehicle" to mean any device capable of transporting persons or property, and that is driven by power other than muscle power. This encompasses all vehicles, except for (a) electric personal mobility devices operated by a person with handicap, (b) farm type tractor used for the operation or farming business as well as equipment of snow plowing or grooming, (c) vehicles that run solely on rails and tracks, and (d) vehicles with all-terrain capabilities. The definition of "motor vehicle" may differ in different states, and any vehicles which do not meet the criteria for exemption are subject to licensing, registration and financial accountability laws of the state.
The motor vehicle department of the state oversees dealers who sell second-hand and new cars, manufacturers, moving firms and other motor vehicle-related businesses. It also administers the state Lemon Law, which offers relief to consumers who 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 through purchase excess, forfeiture, commercial lease or GSA fleet lease, and used to fulfill the transportation function. This encompasses both foreign and domestic fleets. The term also covers any vehicle that is used to respond to emergencies or provide other emergency services by the Public Safety department. The definition excludes ambulances, private cars of firefighters or police officers, as well as vehicles owned by the commissioners court in the county of more than 1 million residents.