Security Levels

National Terrorism Advisory System (NTAS) check current status

Automobiles


 

Below is a listing of legal assistance web pages that relate to automobiles:

Automobiles
      legal services re: buying used and more.


Drivers Licenses
      What states require.

Alabama Alaska Arizona Arkansas California
Colorado Connecticut Delaware District of Columbia Florida
Georgia Hawaii Idaho Illinois Indiana
Iowa Kansas Kentucky Louisiana Maine
Maryland Massachusetts Michigan Minnesota Mississippi
Missouri Montana Nebraska Nevada New Hampshire
New Jersey  New Mexico New York North Carolina North Dakota
Ohio Oklahoma Oregon Pennsylvania Puerto Rico
Rhode Island South Carolina South Dakota Tennessee  Texas 
Utah  Vermont  Virginia  Virgin Islands Washington
West Virginia Wisconsin Wyoming

          
Used Car Buying
      Things you should know when buying a used car.

 

Automobiles

Military personnel often seek legal advice on registration, driver licenses, overseas shipment, auto leasing, and insurance requirements.

Military members who have registered or licensed their solely owned motor vehicle in their home state need not register it in their duty state because of the Servicemembers Civil Relief Act. A military member cannot avoid registering in the duty state based on registration in a third state that is neither the member’s home state nor duty state. Non-military family members must register their individually owned vehicles where they live, usually in the member’s duty state. A state could require that a dependent family member comply with its registration requirements even though a jointly owned car is registered in the service member’s state of domicile.

If the vehicle is not registered in the military member's state of domicile, the state of temporary residence may require registration and refuse to recognize an out-of-state registration. Selection of state registration should be carefully considered, taking into account relative license fees, sales and excise taxes, effect of personal property tax, driver’s license, inspection license, and other factors.

US Army Europe automobile registration and operators licenses are required in Germany even if the military member has a license from, and registered his vehicle in, his state of domicile.

If you have not already done so, advise the motor vehicle department in your home state of your entry into military service, your continuing legal domicile, and your temporary out-of-state address. Ask what special provisions govern renewal or extension of drivers’ licenses for personnel in military service. If your state imposes a vehicle safety inspection-are there any special rules for military?

Most states permit a nonresident military member stationed there on military orders to use his home state driver’s license if the home state vehicle registration is retained. A few states will recognize the nonresident service member’s home state driver’s license or an out-of-state driver’s license, regardless of where the vehicle is registered. Some states extend the expiration date on a driver’s license until after the holder leaves military service; some issue a special card which you carry with your license, showing that it is extended while you are on active duty; others do not extend licenses, but do have simplified renewal procedures.

The rules for family members of service personnel vary. In many states dependents must comply with that state’s driver licensing requirement. Check local laws to determine the requirements.

If you are financing your car purchase, some lenders require you notify them before you can take the vehicle to another state or to a foreign country. Many car leases prohibit this entirely. If you are now buying or leasing a vehicle covered by such a restriction, contact a legal assistance attorney for advice. Before buying or leasing a vehicle, look into this carefully. You may want to consult a legal assistance attorney before you sign the purchase contract or the lease.

 

Articles

Important facts you should know before you buy your car.

Sites

Provides helpful information regarding the "Lemon Law"

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State Survey of Driver's License Requirements

State

Rule

Alabama

 

Section 32-6-1

Required; expiration date; renewal; identification cards for non-drivers.

(a) Every person, except those specifically exempted by statutory enactment, shall procure a driver's license before driving a motor vehicle upon the highways of this state. Every new resident of the State of Alabama shall procure an Alabama driver's license within 30 days after establishing residence in this state.

(b) Each original driver's license issued to a person born in a year ending in an odd number shall expire on the second anniversary of the licensee's birth date occurring in an odd-numbered calendar year after the date on which the application for the license was filed, and each original driver's license issued to a person born in a year ending with an even number shall expire on the second anniversary of the licensee's birth date occurring in an even-numbered calendar year after the date on which the application for the license was filed; provided, that if the license issued would expire in less than 24 months from the date on which the application for the license was filed, the expiration date of such license is hereby extended for an additional period of two years. After the expiration of an original driver's license, all subsequent renewals shall be for a period of four years from the specified expiration date of the immediately preceding license, regardless of when the renewal shall be issued. Every driver's license issued under this article may be renewed at the end of the license period without examination upon application and payment of the fee. For the purpose of renewal of a driver's license, the Department of Public Safety shall mail renewal notices to each licensee 30 days after expiration date if the driver's license has not been renewed. A grace period of 60 days after expiration date of a driver's license shall exist for the purpose of driver's license renewal and the driver's license shall be valid for this time period. The applicant shall apply for a driver's license anytime during a period beginning 30 days before the expiration date of the then current license until three years after the expiration date of the license. Failure to make application for renewal within the specified time shall result in the applicant being required to take, and successfully pass, a written examination and driving test as administered by the Department of Public Safety. If any person's birthday is February 29, the first day of March following shall be regarded as his birthday for the purposes of this section.

(c) The Department of Public Safety shall make available to any resident of this state who does not hold a valid Alabama driver's license a nondriver identification card to be used for identification purposes only. The nondriver identification card shall be issued only upon application of the nondriver and shall be similar to the driver's license; except, that it shall bear the word "nondriver" in prominent letters on the face of the identification card. Each nondriver identification card shall bear thereon a distinguishing number assigned to the nondriver and a color photograph of the nondriver, as well as the name, birth date, residence address and a brief description of the nondriver who, for the purpose of identification, shall immediately upon receipt thereof, endorse his or her usual signature in ink upon the card in the space provided thereon, unless a facsimile of the nondriver signature appears thereon. The same degree of proof of identification required of applicants for driver's licenses in this state shall be required of applicants for nondriver identification cards.

(Acts 1975, No. 539, p. 1192, §§2, 6; Acts 1981, No. 81-154, p. 177; Acts 1992, 2nd Ex. Sess., No. 92-678, p. 59, §1; Acts 1997, No. 97-554, §1.)

Alaska

Alaska Motor Vehicle Law Information:

13 AAC 08.335. DRIVER LICENSE RENEWAL FOR ACTIVE DUTY MILITARY

PERSONNEL. Except as otherwise provided in this chapter, a non-commercial driver's license issued under this chapter to a person who is an active duty member of the United States armed forces and stationed outside of the state expires upon the earlier of the following dates:(1) 90 days after discharge from active duty of the United States armed forces; or (2) 90 days after the person's return to the state."

Original License

•Alaska Driver's Manuals

An applicant for an original operator's driver's license must be at least 16 years of age and have held a valid driving permit for a minimum of 6 months. If an applicant is under 18 years of age, they must have a parent or legal guardian's consent to obtain a license. An applicant is required to furnish two pieces of identification, one to prove date of birth and one to prove identity.

Arizona

28-3171 .Driver license expiration and renewal; exception; extension by mail

A. Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver license:

1. Is valid until the applicant's sixtieth birthday.

2. Is renewable for successive periods of five years after the applicant's sixtieth birthday.

3. Expires on the applicant's birthday if the license was issued pursuant to subsection B of this section.

B. Notwithstanding subsection A of this section:

1. The department shall issue to an applicant a driver license that is valid for not more than five years and six months if the applicant applies within six months of the applicant's next birthday and if the applicant is fifty-nine years of age or older, unless medical restrictions require a shorter expiration period.

2. On presentation of satisfactory proof of qualification, the director may issue a class D or M license or permit for a period of up to five years to:

(a) A person who is an out-of-state student or who is the spouse of an out-of-state student. For the purposes of this subdivision, "out-of-state student" has the same meaning prescribed in section 28-2001.

(b) An immediate family member of any active duty military personnel temporarily stationed in this state.

(c) Any other person for whom the director determines other circumstances justify the issuance.

C. An applicant shall apply for renewal of a driver license before the expiration of a current license. The department may require an examination of a renewal applicant for a class D or M license as required of an original applicant.

D. A veteran, as defined in section 41-601, whose driver license expires is not required to renew the veteran's driver license for six months from the date of the veteran's discharge from military service.

E. The department may extend the expiration date of a class D or M license by mail for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license. On payment by the applicant of the fee prescribed in section 28-3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license. An applicant for extension of a license by mail shall comply with the following:

1. The application requirements of section 28-3158.

2. The licensing requirements of section 28-3153.

3. Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination.

41-601 . Definitions

In this article, unless the context otherwise requires:

1. "Commission" means the Arizona veterans' service commission.

2. "Director" means the director of veterans' affairs.

3. "Veteran" means a citizen of the United States regularly enlisted, drafted, inducted or commissioned, who was accepted for and assigned to active duty in the armed forces of the United States.

http://www.azleg.state.az.us/ars/28/3171.htm

Arkansas

TITLE 27. TRANSPORTATION

SUBTITLE 2. MOTOR VEHICLE REGISTRATION AND LICENSING

CHAPTER 16. DRIVER'S LICENSES GENERALLY

SUBCHAPTER 9. EXPIRATION, CANCELLATION, REVOCATION, OR SUSPENSION

Ark. Stat. Ann. @ 27-16-902 (1997)

@ 27-16-902. Extension of expiration date of servicemen's licenses

(a) Any person who enters a branch of the armed services of the United

States, and who is, at the time of entry into the service, duly licensed to

drive by the State of Arkansas, may, on a form furnished by the office, apply

Ark. Stat. Ann. @ 27-16-902 (1997)

for an official extension of the expiration date of his driver's license without

additional fee.

(b) (1) Any extension of expiration date applied for under the provisions of

this section shall be acted upon by the office and shall be granted for a period

not to exceed thirty (30) days after the applicant's first tour of duty, or

release from active duty, whichever occurs first.

(2) The extension by the applicant may be denied by the division for good

cause.

(c) The Director of the Office of Driver Services, upon approval of the

Director of the Department of Finance and Administration, shall promulgate all

rules and regulations necessary for compliance with this section.

HISTORY: Acts 1969, No. 298, @ 1; A.S.A. 1947, @ 75-358.

 

California

Sec. 12817.http://www.dmv.ca.gov/

CALIFORNIA VEHICLE CODE

Sec. 12817.

A California driver's license held by any person who enters or is in the United States armed forces shall continue in full force and effect so long as the service continues and the person remains absent from this State, and for not to exceed 30 days following the date on which the holder of such license is honorably separated from such service or returns to this State, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has his discharge or separation papers, if he has been discharged or separated from the service, in his immediate possession.

Amended Ch. 73, Stats. 1963. Effective September 20, 1963.

Military personnel away from home

If you are out of state on active military service in the United States Armed Forces, your California driver license will continue to be valid beyond its normal expiration date. Section 12817 of the California Vehicle Code (CVC) authorizes the extention of your license. Call (916) 657-7790 to update your driving record and DMV will send you a DL 236 card to carry with your driver's license. The DL 236 card states CVC Section 12817. It is important to update your record as this will prevent it from being purged.

Ask the authorities in the state or country where you are on duty if they will honor your extended license. Of course, your license is not valid if it has been suspended, cancelled, or revoked.

Your extended license is good for 30 days after you return to California. If honorably discharged, carry both your driver license and discharge papers during those 30 days.

When you return to California, you will need to:

•Visit a DMV office (make an appointment for faster service) •Complete application form DL 44 •Pay the $15 fee •Pass an vision exam •Pass a traffic laws and sign test •Give a thumb print •Have your picture taken

If you will not be returning to California:

•Go to the office that issues driver licenses in your new state of residence •Follow the state's requirements •Present your California driver license with your DL 236 card when requested.

 

Colorado

 
42-2-118.  Renewal of license in person or by mail - donations to organ  and tissue donation awareness fund. (1) (a) (I)  Every license issued under  section 42-2-114 shall be renewable prior to its expiration, upon application in person or by mail as provided in subsection (1.3) of this section, payment  of the required fee, passing of an eye test, passing of such other examinations  as the applicant's physical limitations or driver's record indicates to be desirable, and payment of any penalty assessment, fine, cost, or forfeiture as  prescribed by subsection (3) of this section.
 
…………….
 
      (2)  Every license referred to in this section which is at the time of its  expiration, as provided in subsection (1) of this section, held by a member of the armed forces of the United States, then serving on active duty outside of  this state, shall not expire as provided in subsection (1) of this section, but  such expiration date shall be extended for a period of three years or until
 ninety days after such licensee returns to this state, whichever occurs first.
 
 

Connecticut

Sec. 14-41. Expiration and renewal of operators' licenses and permits.


Vision screening. Notice. (a) Except as provided in section 14-41a, each motor vehicle or motorcycle operator's license shall be renewed quadrennially on the date of the operator's birthday. On and after July 1, 1997, the Commissioner of Motor Vehicles shall screen the vision of each motor vehicle operator prior to every other renewal of his operator's license in accordance with a schedule adopted by the commissioner. Such screening requirement shall apply to every other renewal following the initial screening. In lieu of the vision screening by the commissioner, such operator may submit the results of a vision screening conducted by a licensed health care professional qualified to conduct such screening on a form prescribed by the commissioner during the three months preceding such renewal. No motor vehicle operator's license may be renewed unless the operator passes such vision screening. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection relative to the administration of vision screening. (b) An original operator's license shall expire within a period not exceeding four years following the date of the operator's next birthday. The fee for such original license shall be computed at the rate of seventy-five cents per month except that the fee shall not exceed three dollars and fifty cents for any six-month period, plus the sum of three dollars; and on and after July 1, 1992, one dollar per month except that the fee shall not exceed four dollars for any six-month period plus the sum of three dollars and fifty cents. (c) If a change is made in the records of the Department of Motor Vehicles affecting the date of birth of an operator after the original issuance or renewal of an operator's license, the expiration date shall remain as originally issued or renewed until the license expires. The operator shall then be issued a renewal license to expire on the date of the operator's birthday. No renewal license shall be issued for a period of less than twenty-four months or more than forty-eight months depending on the year of the operator's birth. The fee for such renewal license shall be computed at the rate of forty-five cents per month from the last day of the month in which such license expired except that the fee shall not exceed two dollars and fifty cents for any six-month period, plus the sum of one dollar. (d) The commissioner shall, at least fifteen days before the date on which each motor vehicle or motorcycle operator's license expires, notify the operator of the expiration date. Any previously licensed operator who operates a motor vehicle within sixty days after the expiration date of his license without obtaining a renewal of his license shall be deemed to have failed to renew a motor vehicle operator's license and shall be fined in accordance with the amount designated for the infraction of failure to renew a motor vehicle operator's license. Any operator so charged shall not be prosecuted under section 14-36 or 14-40a for the same act constituting a violation under this section but sections 14-36 and 14-40a shall apply after the sixty-day period. (e) Notwithstanding the provisions of section 1-3a, if the expiration date of any motor vehicle or motorcycle operator's license or any public passenger transportation permit falls on any day when offices of the commissioner are closed for business or are open for less than a full business day, the license or permit shall be deemed valid until midnight of the next day on which offices of the commissioner are open for a full day of business.

 

Sec. 14-50. Fees for operator's license, passenger endorsement and examination.


General provisions. (a) Subject to the provisions of section 14-41, there shall be charged a fee of thirty-one dollars for each renewal of a motor vehicle operator's license and an additional fee of eight dollars for each year for each passenger endorsement. On and after July 1, 1992, such renewal fee shall be thirty-five dollars and fifty cents and such additional fee shall be nine dollars. There shall be charged a fee of thirty-two dollars for each renewal of a motorcycle operator's license; except that a person who holds a motor vehicle operator's license shall not be charged a fee for the renewal of a motorcycle operator's license if he renews said motor vehicle operator's license. On and after July 1, 1992, such renewal fee shall be thirty-seven dollars. (b) There shall be charged for each examination of an operator of a motorcycle or other motor vehicle a fee of ten dollars. On and after July 1, 1985, such examination fee shall be fifteen dollars, on and after July 1, 1989, twenty-three dollars, on and after July 1, 1991, twenty-nine dollars and, on and after July 1, 1993, thirty-six dollars. There may be charged for each advance appointment for an operator's license examination a fee of fifteen dollars which fee shall be paid to the commissioner at least six business days prior to the date of the appointment and shall be applied toward the examination fee if the applicant keeps the appointment. If the applicant fails to keep the appointment, the appointment fee shall be forfeited, unless (1) in the judgment of the commissioner, the applicant's failure to keep the appointment was due to exigent circumstances, or (2) the applicant reschedules the appointment. (c) The commissioner shall waive the operator's license fee and examination fee in the case of any person in the active service of the armed forces of the United States who was a legal resident of Connecticut at the time of his induction; and for one licensing period to any person honorably separated from such service who applies therefor within two years following the date of separation and was a legal resident of Connecticut at the time of his induction. (d) Upon request by the chief of any regular fire department or volunteer fire company operating in the state of Connecticut, the commissioner shall waive the operator's examination fee in the case of any member of any such fire department or company who applies for a class 1 operator's license as provided in section 14-36a. The applicant for such license shall satisfy all prerequisites for the issuance of a class 1 license. (e) The commissioner may assess a fee to cover the cost of the collection of number plates, motor vehicle registration certificates or operators' licenses, upon the holders thereof; and such number plates, motor vehicle registration certificates or operators' licenses shall not be returned to the holder thereof or reissued until such fee is paid. (f) Whenever any check issued to the commissioner in payment of any fee is returned as uncollectible, the commissioner shall charge the drawer of such check or the person presenting such check to him a fee of ten dollars for each such check which is drawn in an amount of not more than one hundred dollars and ten per cent of the full amount of each such check which is drawn in an amount in excess of one hundred dollars, plus all protest fees, to cover the cost of collection. On and after July 1, 1985, such fee shall be fifteen dollars, on and after July 1, 1989, twenty-three dollars, on and after July 1, 1991, twenty-nine dollars, and on and after July 1, 1993, thirty-six dollars. On and after July 1, 1985, such fee for any check drawn in excess of one hundred dollars shall be fifteen per cent, on and after July 1, 1989, twenty-three per cent, on and after July 1, 1991, twenty-nine per cent, and on and after July 1, 1993, thirty-six per cent, of the full amount of such check. (g) A fee of five dollars shall be charged by the commissioner for the issuance of each home training certificate as provided in subsection (d) of section 14-36. On and after July 1, 1992, such fee shall be six dollars. (h) All fees provided for in this chapter shall be construed to be license fees imposed for the administration of this chapter and as compensation for the privilege of using the highways of this state, and to reimburse the state in whole or in part for injury done to the highways by the operation of motor vehicles.

 

1949 Rev., S. 2381; 1953, 1955, S. 1299d; 1957, P.A. 437, S. 4; February, 1965, P.A. 68; 1967, P.A. 115; 436, S. 1; 807, S. 4; 1969, P.A. 759, S. 4; 1972, P.A. 127, S. 16; P.A. 75-213, S. 9, 53; 75-577, S. 21, 126; P.A. 76-263, S. 6, 9; P.A. 77-10; 77-256, S. 3, 4; 77-348, S. 1, 2; P.A. 79-89, S. 1; P.A. 80-51; P.A. 81-172, S. 3; P.A. 83-489, S. 3, 17; P.A. 84-254, S. 29, 62; 84-429, S. 21; P.A. 85-413, S. 4, 8; P.A. 87-329, S. 5; P.A. 90-263, S. 8, 74; 90-265, S. 7, 8; P.A. 91-408, S. 8, 18; May Sp. Sess. P.A. 92-9, S. 1, 4; P.A. 93-80, S. (49, 67; 93-341, S. 12, 38; P.A. 95-223, S. 1, 2.)

 

Delaware

§ 2705. Persons exempt from licensing requirements.

The licensing requirements of this title do not apply to:
(1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways;
(2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if:
a. The driver possesses a license to drive issued to the driver by the driver's state of domicile; and
b. The license authorizes the driver to drive in the driver's state of domicile vehicles of the class that the driver is driving in this State; or
(3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States, if:
a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the United States; and
b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State.

(36 Del. Laws, c. 10, § 52; Code 1935, § 5590; 21 Del. C. 1953, § 2704; 62 Del. Laws, c. 237, § 5; 64 Del. Laws, c. 468, § 1; 70 Del. Laws, c. 186, § 1.)

21 Del. C @ 2705 (1997)

District of Columbia

2. DRIVER'S LICENSE. Anyone at least 16 years of age may obtain a 60-day learner's permit. An unrestricted driver's permit may be obtained by anyone at least 16 years of age who has complied with D.C. licensing regulations. D.C. driver's permits are not required for those who are entitled to reciprocity permits. D.C. Code 40-301 and 303.

3. TITLE REQUIREMENTS. If a servicemember desires to register a vehicle in the District of Columbia, there is an excise tax of 6 to 7 per cent of the vehicle value assessed only if the vehicle is purchased by the servicemember after coming into and establishing or maintaining a residence in the District of Columbia. D.C. Code 40-703.

Exemptions

  1. The owner or operator of any motor vehicle who is not a legal resident of the District of Columbia, and who has complied with the laws of any state, territory, or possession of the United States, or of a foreign country or political subdivision thereof, shall, subject to the provisions of this section, be exempt for a continuous 30 day period immediately following the entrance of such owner or operator into the District of Columbia from compliance with [sections] . . . 40-102 and 40-301.

REGISTRATION. Non-resident servicemembers are exempt from the normal reciprocity procedures and may obtain a reciprocity permit from year to year for a $5.00 fee. This permit may be obtained from Motor Vehicle Services, 301 C Street, N.W., Room 1063, telephone: (202) 727-2487, or from its branch office at 1616 H Street, N.E. Servicemembers must bring a copy of orders, proof of residence in another state, and valid motor vehicle documenta-tion. D.C. Code 40-102.

 

Florida

322.21 License fees; procedure for handling and collecting fees.--

(1) Except as otherwise provided herein, the fee for:

(a) An original or renewal commercial driver's license is $50, which shall include the fee for driver education provided by s. 233.063; however, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires the commercial license, the fee shall be the same as for a Class E driver's license. A delinquent fee of $1 shall be added for a renewal made not more than 12 months after the license expiration date.

(b) An original Class D or Class E driver's license is $20, which shall include the fee for driver's education provided by s. 233.063; however, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires a commercial driver license, the fee shall be the same as for a Class E license.

(c) The renewal or extension of a Class D or Class E driver's license or of a license restricted to motorcycle use only is $15, except that a delinquent fee of $1 shall be added for a renewal or extension made not more than 12 months after the license expiration date. The fee provided in this paragraph shall include the fee for driver's education provided by s. 233.063.

(d) An original driver's license restricted to motorcycle use only is $20, which shall include the fee for driver's education provided by s. 233.063.

(e) Each endorsement required by s. 322.57 is $5.

(2) It is the duty of the Director of the Division of Driver Licenses to set up a division in the department with the necessary personnel to perform the necessary clerical and routine work for the department in issuing and recording applications, licenses, and certificates of eligibility, including the receiving and accounting of all license funds and their payment into the State Treasury, and other incidental clerical work connected with the administration of this chapter. The department is authorized to use such electronic, mechanical, or other devices as necessary to accomplish the purposes of this chapter.

(3) The department shall prepare sufficient forms for certificates of eligibility, applications, notices, and license materials to supply all applicants for driver's licenses and all renewal licenses.

(4) If the department determines from its records or is otherwise satisfied that the holder of a license about to expire is entitled to have it renewed, the department shall mail a renewal notice to him or her at his or her last known address, not less than 30 days prior to the licensee's birthday. The licensee shall be issued a renewal license, after reexamination, if required, during the 30 days immediately preceding his or her birthday upon presenting a renewal notice, his or her current license, and the fee for renewal to the department at any driver's license examining office.

(5) The department shall collect and transmit all fees received by it under this section to the Treasurer to be placed in the General Revenue Fund of the state, and sufficient funds for the necessary expenses of the department shall be included in the appropriations act. The fees shall be used for the maintenance and operation of the department.

(6) Any member of the Armed Forces or his or her spouse, daughter, son, stepdaughter, or stepson, who holds a Florida driver's license and who presents an affidavit showing that he or she was out of the state due to service in the Armed Forces of the United States at the time of license expiration is exempt from paying the delinquent fee, if the application for renewal is made within 15 months after the expiration of his or her license and within 90 days after the date of discharge or transfer to a military or naval establishment in this state as shown in the affidavit. However, such a person is not exempt from any reexamination requirement.

(7) Any veteran honorably discharged from the Armed Forces who has been issued a valid identification card by the Department of Veterans' Affairs in accordance with s. 295.17, or has been determined by the United States Department of Veterans Affairs or its predecessor to have a 100-percent total and permanent service-connected disability rating for compensation, or has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, and who is qualified to obtain a driver's license under this chapter is exempt from all fees required by this section.

History.--s. 33, ch. 19551, 1939; CGL 1940 Supp. 4151(647); s. 33, ch. 20451, 1941; s. 1, ch. 22838, s. 7, ch. 22858, 1945; ss. 2, 3, ch. 24346, 1947; s. 51, ch. 26869, 1951; s. 1, ch. 59-314; s. 2, ch. 61-13; s. 3, ch. 67-242; s. 1, ch. 67-306; ss. 24, 35, ch. 69-106; s. 2, ch. 72-211; s. 1, ch. 73-305; s. 4, ch. 75-228; s. 1, ch. 77-174; s. 202, ch. 81-259; s. 6, ch. 83-71; s. 7, ch. 83-228; s. 3, ch. 84-314; s. 9, ch. 85-81; s. 7, ch. 85-98; s. 15, ch. 87-356; s. 28, ch. 88-290; s. 12, ch. 89-282; ss. 10, 12, ch. 91-243; s. 13, ch. 93-268; s. 80, ch. 94-306; s. 935, ch. 95-148.

Georgia

40-5-32. (a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his expired veteran's or honorary license as a souvenir. The board shall issue such rules and regulations as are required to enforce this subsection. (b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his eyesight as the department shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board may issue such rules and regulations as are necessary to implement this subsection.

Hawaii

Exemptions for Certain Military Personnel. L 1969, c 76, Sect 1 reads:

"SECTION l. Notwithstanding sections 17 and 18 of Act 214, Session Laws of Hawaii 1967, and any rules and regulations promulgated thereunder by the state highway safety coordinator, any motor vehicle operator's license which was issued in this State, and not reissued as provided in Act 214, Session Laws of Hawaii 1967, and which is held by any person who is in the United States armed forces shall continue in full force and effect so long as his service in the United States armed forces continues and he remains absent from this State and for a period not to exceed thirty days following the date on which the person is honorably separated from the United States armed forces or returns to this State, unless the license is earlier suspended or revoked for cause.

Such license shall be valid only when in the immediate possession of the licensee while driving and when the licensee has his discharge or separation papers, if he has been discharged or separated from the United States armed forces, in his immediate possession."

Attorney General Opinions

Nonresident serviceman with home-state license must comply with section and is not exempted therefrom by the Soldier's and Sailor's Civil Relief Act. [Att. Gen. Op. 68-24].

Section 286-105 What persons are exempt from license.

The following persons are exempt from license:

(1) Any person while driving or operating a motor vehicle in the service or employ of any branch or agency of the federal government; provided that the person has received a license or permit from the branch or agency to operate and drive the motor vehicle; provided further that the branch or agency has been duly authorized by the federal government to issue the license or permit;

(2) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway; provided that no person under the age of thirteen years shall, be permitted to drive or operate any such road machine, farm tractor, or implement of husbandry on a highway;

(3) Any person who is at least eighteen years of age and who has in the person's possession a valid driver's license to drive the categories of motor vehicles listed in section 286-102(b), except section 286-102(b)(4), that is equivalent to a driver's license issued in this State but was issued to the person in any other state of the United States, the Commonwealth of Puerto Rico, U.S. Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle which the person is operating; and

(4) Any person who has in the person's possession a valid commercial motor vehicle driver's license issued by any state of the United States, Mexico, or a province of the Dominion of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses.

[L 1937, c 234, Sect 3; RL 1945, Sect 7303; am L Sp 1949, c 19, Sect 3; RL 1955, Sect 160-33; am L 1957, c 82, Sect 1 and c 159, Sect 1; am L 1967, c 214, Sect 7; HRS Sect 286-105; am L 1970, c 164, Sect 3; am L 1971, c 127, Sect 2; am L 1972, c 2, pt of Sect 6; am L 1976, c 5, Sect 2; am L 1979, c 108, Sect 1; am imp L 1984, c 90, Sect 1; am L 1986, c 224, Sect 2; am L 1989, c 320, Sect 5; am L 1990, c 11, Sect 1 and c 342, Sect 19; am L 1993, c 268, Sect 1]

HRS @ 286-105 (1997)

Idaho

Idaho Code @ 49-302 (1997)

49-319http://www2.state.id/itd/dmv.htmWorld Wide Web Link to the Motor Vehicle Agency:http://www2.state.id/itd/dmv.htm

49-319

(4) An Idaho driver's license issued to any person prior to serving on active duty in the armed forces of the United States, or a member of the immediate family accompanying such a person, if valid and in full force and effect and upon entering active duty, shall remain in full force and effect and shall, upon application, be extended for a period of four (4) years so long as active duty continues, if the driver's license is not suspended, denied, disqualified, canceled or revoked, as provided by law, during the active duty, and the driver's license shall remain in full force and effect sixty (60) days following the date the holder is released from active duty.

What persons are exempt from license :

(9) A nonresident on active duty in the armed forces of the United States who has a valid driver's license issued by his home jurisdiction, and such nonresident's spouse or dependent son or daughter who has a valid driver's license issued by such person's home jurisdiction.

Illinois

ARTICLE VIII. REGISTRATION AND LICENSE FEES

 

(625 ILCS 5/3-801)

Sec. 3-801. Registration. (a) Except as provided herein for new residents, every owner of any vehicle which shall be operated upon the public highways of this State shall, within 24 hours after becoming the owner or at such time as such vehicle becomes subject to registration under the provisions of this Act, file in an office of the Secretary of

State, an application for registration properly completed and executed. New residents need not secure registration until 30 days after establishing residency in this State, provided the vehicle is properly registered in another jurisdiction. By the expiration of such 30 day statutory grace period, a new resident shall comply with the provisions

of this Act and apply for Illinois vehicle registration. All applications for registration shall be accompanied by all documentation required under the provisions of this Act. The appropriate registration fees and taxes provided for in this Article of this Chapter shall be paid to the Secretary of State with the application for registration of vehicles subject to registration under this Act.

(b) Any resident of this State, who has been serving as a member of the United States Armed Services outside of the State of Illinois, need not secure registration until 45 days after returning to this State, provided the vehicle displays temporary military registration.

(c) When an application is submitted by mail, the applicant may not submit cash or postage stamps for payment of fees or taxes due. The Secretary in his discretion, may decline to accept a personal or company check in payment of fees or taxes. An application submitted to a dealer, or a remittance made to the Secretary of State shall be deemed in

compliance with this Section.

(Source: P.A. 85-1209.)

625 ILCS 5/6-102 (1997)

The following persons are exempt from the requirements of Section 6-101 [ 625 ILCS 5/6-101] and are not required to have an Illinois drivers license or permit if one or more of the following qualifying exemptions are met and apply:

6. A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.

Indiana

IC 9-24-12-6

Sec. 6. (a) As used in this section, "good cause" includes the following:

(1) Temporarily residing at least fifty (50) miles outside the boundaries of Indiana.

(2) Serving in the armed forces of the United States.

(b) The bureau may renew a valid Indiana operator's license held by an individual temporarily residing outside Indiana if the applicant does the following:

(1) Shows good cause why the license cannot be renewed within Indiana.

(2) Submits a completed application provided by the bureau and payment of the fee required in IC 9-29-9.

(c) The Indiana operator's license of an individual who is temporarily residing outside Indiana remains valid for thirty (30) days beyond the expiration date of that license if the individual meets the following conditions:

(1) Has applied for a renewal of the license.

(2) Has not been denied a renewal of the license by the bureau.

(d) Upon receiving an application for the renewal of an Indiana operator's license from an individual temporarily residing outside Indiana, the bureau shall do the following:

(1) Either renew or deny the renewal of the license within ten (10) days.

(2) Notify the individual of the decision.

(e) When the Indiana operator's license of an individual who is temporarily residing outside Indiana because of service in the armed forces of the United States has expired, the license remains valid for ninety (90) days following the person's discharge from service in the armed forces. To obtain a renewed license, the individual must do the following:

(1) Apply for a renewal of the operator's license during the ninety (90) day period following the individual's discharge.

(2) Show proof of the individual's discharge from service in the armed forces when applying for the renewal.

As added by P.L.2-1991, SEC.12.

Iowa

Military service exception.

The effective date of a valid motor vehicle license to the extent that it permits the operation of a motor vehicle other than a commercial motor vehicle and other than as a chauffeur, issued under the laws of this state, held by any person at the time of entering the military service of the United States or of the state of Iowa notwithstanding the expiration of the license according to its terms, is hereby extended without fee until six months following the initial separation from active duty of the person from the military service, provided the person is not suffering from physical disabilities which impair the person's competency as an operator and provided further that the licensee shall upon demand of any peace officer furnish satisfactory evidence of the person's military service. However, a person entitled to the benefits of this section, charged with operating a motor vehicle without an operator's license, shall not be convicted if the person produces in court, within a reasonable time, a valid motor vehicle license previously issued to that person along with evidence of the person's military service as above mentioned.

The department is authorized to renew any motor vehicle license falling within the provisions and limitations of the preceding paragraph, without examination, upon application and payment of fee made within six months following separation from the military service.

The provisions of this section shall also apply to the spouse and children or ward of such military personnel when such spouse, children or ward are living with the above described military personnel outside of the state of Iowa and provided that such extension of license does not exceed five years.

A person whose period of validity of the person's motor vehicle license is extended under this section may file an application in accordance with rules adopted by the department to have the person's record of issuance of a motor vehicle license retained in the department's record system during the period for which the motor vehicle license remains valid. If a person has had the record of issuance of their motor vehicle license removed from the department's records, the person shall have their record of motor vehicle license issuance reentered by the department upon request if the request is accompanied by a letter from the applicable person's commanding officer verifying the military service.

Section History: Early form

[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.198]

Section History: Recent form

87 Acts, ch 167, §5; 87 Acts, ch 170, § 5; 90 Acts, ch 1230, § 43, 44

Iowa Code @ 321.1A (1997)

321.1A Presumption of residency.

"Resident" also does not include members of the armed forces that are stationed in Iowa, providing that their vehicles are properly registered in their state of residency.

Kansas

Chapter 8.--AUTOMOBILES AND OTHER VEHICLES

Article 2.--DRIVERS' LICENSES

8-247. Expiration of licenses; notice; mandatory examination for renewal of license; reexamination; additional examinations; seizure disorders; extension of license when out-of-state. (a) All original licenses shall expire as follows:

(b) If the driver's license of any person expires while such person is outside of the state of Kansas and on active duty in the armed forces of the United States, the license of such person shall be renewable, without examination, at any time prior to the end of the sixth month following the discharge of such person from the armed forces, or within 90 days after reestablished residence within the state, whichever time is sooner. If the driver's license of any person expires while such person is outside the United States, the division shall provide for renewal by mail.

History: L. 1937, ch. 73, S. 14; L. 1938, ch. 13, S. 2; L. 1949, ch. 104, S. 18; L. 1955, ch. 51, S. 2; L. 1958, ch. 48, S. 2 (Budget Session); L. 1959, ch. 49, S. 15; L. 1968, ch. 5, S. 1; L. 1969, ch. 52, S. 2; L. 1973, ch. 30, S. 3; L. 1975, ch. 36, S. 18; L. 1975, ch. 37, S. 3; L. 1982, ch. 41, S. 2; L. 1983, ch. 33, S. 1; L. 1986, ch. 38, S. 2; L. 1988, ch. 47, S. 8; L. 1991, ch. 36, S. 10; L. 1992, ch. 25, S. 1; L. 1993, ch. 154, S. 7; L. 1995, ch. 45, S. 2; L. 1997, ch. 36, S. 3; Jan. 1, 1998.

K.S.A. @ 8-234a (1996)

(2) "nonresident" means every person who is not a resident of this state. For the purposes of the motor vehicle drivers' license act . . . military personnel on active duty and their military dependents who are residents of another state, shall not be considered residents of the state of Kansas for the purpose of this act . . .

Kentucky

Military personnel and other licensed drivers temporarily out-of-county may be issued a license without a photograph. The license shall show in the space provided for the photograph the legend "valid without photo and signature." If a citizen of the Commonwealth has been serving in the United States military and has allowed his operator's license to expire, he shall, within ninety (90) days of returning to the Commonwealth, be permitted to renew his license without having to take a written test or road test. A citizen who does not renew his license within ninety (90) days of returning to the Commonwealth shall be required to comply with the provisions of this chapter governing renewal of a license that has expired.

Effective: October 1, 1996 History: Amended 1996 Ky. Acts ch. 185, sec. 1, effective July 15, 1996; and ch. 198, sec. 5, effective October 1, 1996. ---- Amended 1994 Ky. Acts ch. 86,sec. 1, effective July 15, 1994; ch. 393, sec. 9, effective January 1, 1995; and

KRS @ 186.430.

Exemption of nonresidents.

(1) A nonresident over the age of sixteen (16) who has been licensed as an operator in his home state or country and who has a valid operator's license certificate in his immediate possession may drive a motor vehicle, motorcycle, or moped upon Kentucky highways without a Kentucky instruction permit or operator's license, if his own state or country accords similar privileges to licensed residents of Kentucky.

Louisiana

La. R.S. 32:404 (1997)

Driver License

Operation of motor vehicles by nonresidents, students, and military dependents

A. A nonresident or a nonresident minor, who has been licensed to drive or operate a motor vehicle under the laws of his home state and who has in his immediate possession a valid license issued to him by his home state, shall be permitted to drive a motor vehicle in this state without examination or license for a period not to exceed ninety days. The department is authorized to promulgate rules and regulations covering the case of any person whose home state does not require a license, and they shall have the full force and effect of law.

C. A resident dependent of any person on active duty with the Armed Forces of the United States and stationed within Louisiana, but who is domiciled in another state, and who has in his immediate possession both a valid license issued to him by his home state and a current military dependent identification card, shall be permitted to drive a motor vehicle in this state without examination or Louisiana license during the period of residency with the supporting member of the Armed Forces while stationed in Louisiana and for not more than ninety days thereafter.

D. A nonresident, a student, or a military dependent who has in his immediate possession a license not valid in his home state, but which has not been revoked or suspended, may be issued a temporary license for a period not to exceed ten days for the purpose of allowing such nonresident a period of time sufficient to acquire a valid license in his home state. Only one temporary license shall be issued to the same individual within the twelve-month period immediately following the issue of a temporary license.

E. Except as provided herein each nonresident or student or military dependent must meet all the requirements set forth in Chapter 2 of Title 32 of the Louisiana Revised Statutes of 1950 except as to residence.

La. R.S. 47:502.2 (1997)

Registration

Exemption from registration; nonresident military personnel

A. Any nonresident owner of a vehicle registered in a foreign state who is a member or spouse of a member of the armed forces of the United States on active duty within this state, and any resident owner of a vehicle registered in a foreign state who is a member or spouse of a member of the armed forces of the United States returning from active duty in a foreign state or country, may operate the vehicle in this state without securing Louisiana registration after satisfying the following requirements:

(1) The license plates displayed on the vehicle are valid plates issued by a foreign jurisdiction.

(2) The vehicle registration and license plates are current and issued to the active duty member or spouse of the active duty member.

(3) The owner or driver has in effect one of the forms of financial responsibility specified in R.S. 32:861.

B. This Section applies to all vehicles owned by the active duty member or the spouse of the active duty member except any commercial vehicle used in any business manner wherein the active duty member or the spouse of the active duty member receives compensation.

Maine

1255. Members of the Armed Forces

1. Privileges. A resident who is serving on active duty in the United States Armed Forces and otherwise qualified to operate a motor vehicle:

A. Shall receive a license on application to the Secretary of State;

B. Is exempt from the payment of a fee for a license;

C. May operate a motor vehicle, carry conclusive evidence of membership in the Armed Forces.

D. Shall, while operating a motor vehicle, carry conclusive evidence or membership in the Armed Forces.

2. After discharge, privileges of this section remain in effect for a period

of 30 days after discharge or release from the Armed Forces

 

Maryland

Annotated Code of Maryland, Transportation §§16-102, 16-115, 13-402 .

Section 13-402.1 of the Transportation Article

Drivers Licenses - Persons exempt from licensing requirements:

A member of the armed forces of the United States or USPHS who is serving on active

duty and any dependent of the member, if: (i) The driver has with him a license to drive issued to him by his state of domicile; and (ii) The license authorizes the driver to drive in his state of domicile the vehicles of the class he is driving in Maryland. Annotated Code of Maryland, Transportation §16-102(a)(7). Both military members and their dependents may lawfully drive with a foreign license that is current if that license is issued by the state of legal residence of the driver.

If the member leaves active duty, that member and their dependents have 30 days to get a Maryland license.

3. Expiration and renewal of license. Members of the armed forces and dependents absent from State - (1) A Maryland license held by a member of the armed forces of the United States who is absent from this State on active service in the armed forces of the United States, or a dependent of the member who is residing with the member outside the State, shall remain in full force and effect during such absence. (2) The Maryland license also shall remain in effect, if it would otherwise have expired under this section, for a period of 30 days following the date of the licensee's return to this State, or the member's discharge or

separation from active service: (i) If the licensee has in the licensee's immediate possession, together with the licensee's driver's license, papers indicating the member's active service outside this State or the member's discharge or separation; and (ii) If the licensee is not otherwise suspended, revoked, or canceled under this title during the 30 day period. Annotated Code of Ma

ryland, Transportation §16-115(d).

4. Motor Vehicle Registration - If a nonresident is a member of the armed forces of the United States or of the USPHS and is serving on active duty in this State or an adjoining state or the District of Columbia, the nonresident need not register his personal passenger vehicles in this State if the vehicles are registered in the state of his residence. Annotated Code of Maryland, Transportation §13-402.1(c). Note: this provision does not extend to dependents of military members. Vehicles titled only in the name of dependents must be retitled in the State of Maryland within 30 days of arrival to the state.

Massachusetts

SPECIAL LICENSING RULES FOR MILITARY PERSONNEL

A Massachusetts licensed operator whose license has expired while serving in the armed forces may operate on his/her expired license for up to 60 days after discharge from the armed forces. However, an individual who has been hospitalized or released from the armed forces because of a disability must contact the Medical Affairs branch of the Registry of Motor Vehicles upon expiration of his/her license.

An operator must have his/her license and evidence of discharge on his/her person. A discharged service member may renew his/her license within sixty days from the date of his/her discharge without an examination.

Mass. Ann. Laws ch. 90, @ 10 (1998)

Operation of Motor Vehicle Without a License.

No other person shall so operate [a motor vehicle] unless he is the spouse of a member of the armed forces of the United States who is accompanying such member on military or naval assignment to this commonwealth and who has a valid operator's license issued by another state, or unless he is on active duty in the armed forces of the United States and has in his possession a license to operate motor vehicles issued by the state where he is domiciled, or unless he is a member of the armed forces of the United States returning from active duty outside the United States, and has in his possession a license to operate motor vehicles issued by said armed forces in a foreign country, but in such case for a period of not more than forty-five days after his return . . . .

Michigan

257.302 Operators' and chauffeurs' licenses; persons exempt. [M.S.A. 9.2002]

Sec. 302. The following persons are exempt from obtaining a license under this chapter:

(a) A person serving in the armed forces of the United States if furnished with a driver's permit and operating an official motor vehicle in that service. A person who is a civilian and in the employ of the armed forces of the United States is not exempt from obtaining a license under this chapter.

(b) A person while driving or operating a road roller, a snow motor, road machinery, or a farm tractor or implement of husbandry temporarily drawn, moved, or propelled on a highway.

(c) A nonresident who is not less than 16 years of age and who has been licensed either as an operator or a chauffeur under a law requiring the licensing of operators or chauffeurs in his or her home state and who has in his or her immediate possession either a valid operator's or a valid chauffeur's license issued to him or her in his or her home state.

(d) A nonresident who is over the age of 17 years, whose home state does not require the licensing of operators, may operate a motor vehicle as an operator only, for a period of not more than 90 days in any calendar year, if the motor vehicle is registered in the home state or country of the nonresident and the nonresident has in his or her immediate possession a registration card evidencing ownership and registration of the motor vehicle in his or her home state or country, or is able at any time or place required to prove lawful possession or the right to operate the motor vehicle and to establish his or her proper identity.

(e) A person who is a member of the armed forces of the United States on official leave, who on the date of his or her orders granting leave possessed an operator's or chauffeur's license, valid except for the expiration date of the license. This section applies only to the person's first leave of absence following the expiration of his or her license and exempts the person from the provisions of this act for a period not to exceed 30 days.

(f) A person who is a discharged member of the armed forces of the United States, who on the date of his or her discharge possesses an operator's or chauffeur's license, valid except for the expiration date, for a period not to exceed 30 days from date of discharge.

(g) A person who is a member of the armed forces of the United States, stationed in this state, who is a resident of another state and has a valid license issued by his or her state of residence.

(h) A person while operating a commercial motor vehicle in the course of a driving test administered by a certified examiner appointed by the secretary of state and while accompanied by the examiner.

History: 1949, Act 300, Eff. Sept. 23, 1949;--Am. 1968, Act 90, Imd. Eff. June 4, 1968;--Am. 1972, Act 89, Imd. Eff. Mar. 20, 1972;--Am. 1991, Act 100, Eff. Jan. 1, 1993.

MCL @ 257.302

The following persons are exempt from obtaining a license under this chapter:

(g) A person who is a member of the armed forces of the United States, stationed in this state, who is a resident of another state and has a valid license issued by his or her state of residence.

Minnesota

171.27 EXPIRATION OF LICENSES: 171.27 EXPIRATION OF LICENSES.

Any valid Minnesota driver's license issued to a person then or subsequently on active duty with the Armed Forces of the United States, or the person's spouse, shall continue in full force and effect without requirement for renewal until 90 days after the date of the person's discharge from such service, provided that a spouse's license must be renewed if the spouse is residing within the state at the time the license expires or within 90 days after the spouse returns to Minnesota and resides within the state.

http://www.dps.state.mn.us/atoz.htm

Minn. Stat. @ 168.04 (1997)

Military personnel; exemptions

Subdivision 1. Licensed in other states. The provisions of this chapter, requiring the registration and taxation of motor vehicles and the display of license number plates shall not apply to a motor vehicle operated by an owner who is not a resident of this state or the owner's authorized agent while the owner is serving in the armed forces of the United States, subject to the following conditions and limitations:

(2) That such vehicle is used only for personal transportation or for transportation of the owner or authorized agent's personal property;

(3) That such vehicle shall be subject to all provisions of law applicable to vehicles owned by Minnesota residents except to the extent that exemption from said law is provided by this section;

(4) That the exemption provided by this subdivision shall be valid only for a period of 30 days after a vehicle has arrived in this state.

Minn. Stat. @ 171.03 (1997)

The following persons are exempt from license hereunder:

(3) a nonresident who is at least 15 years of age and who has in immediate possession a valid driver's license issued to the nonresident in the home state or country may operate a motor vehicle in this state only as a driver;

. . .

(6) any person who becomes a resident of the state of Minnesota and who has in possession a valid driver's license issued to the person under and pursuant to the laws of some other state or province or by military authorities of the United States may operate a motor vehicle as a driver, only for a period of not more than 60 days after becoming a resident of this state without being required to have a Minnesota driver's license as provided in this chapter;

Mississippi

63-1-49 Renewal of Licenses

(2) Any person in the armed services of the United States, holding a valid license issued pursuant to this article and being out of state due to military service at the time said license expires, may renew said license at any time within ninety (90) days after being discharged form such military service or upon returning to the state, without payment of any delinquent fee or examination, unless the department has reason to believe that the licensee is no longer qualified to receive a license. Said person shall make proof by affidavit of the fact of such military service and of the time of discharge or return. The expiration of the license of a military person under the provision of this subsection shall not affect the validity of the license, but such license shall continue to be valid and permit such person to operate a motor vehicle for a period on ninety (90) days after he is discharged form military service or returns to the stated or until he renews his license, whichever event first occurs.

Miss. Code Ann. @ 63-1-7 (1997)

No license issued pursuant to this article shall be required of:

(b) Any nonresident person who has in his immediate possession a valid license to drive a motor vehicle on the highways of his home state or country, issued to him by the proper authorities of his home state or country, or of any nonresident person whose home state or country does not require the licensing of a person to operate a motor vehicle on the highways but does require him to be duly registered. Such person being eighteen (18) years of age or older may operate a motor vehicle in the state for a period of sixty (60) days without securing a license. However, any nonresident person operating a motor vehicle in this state shall be subject to all the provisions of this article, except as specified above.

Missouri

@ 302.080 R.S.Mo. (1997)

The following persons are exempt from license hereunder:

(2) A nonresident who is at least sixteen years of age and who has in his immediate possession a valid license issued to him in his home state or country;

Notes of Decisions:

Wife and minor children, 16 years of age or older, of nonresident serving military within state, and who are living in state, and who have valid motor vehicle operator’s licenses from the state of their residence, do not have to obtain a Missouri operator’s license, in view of exemption provisions of this section. Op.Atty.Gen. No. 30, Cohn, 1-24-63.

Montana

MONTANA MOTOR VEHICLE DIVISION

302 MILITARY

320.1 Montana residents upon entering the military must have a valid Montana driver's license and may request form DES-582 to apply for a military exemption. Upon the receipt of the form a military sticker is attached to present license.

320.11 The applicant has the choice of a military sticker or having a new photo taken for the cost of a duplicate fee of $5.00 to add the military privilege status.

320.2 All uniformed personnel are exempt while operating government vehicles, and on government business.

320.3 If Montana driver license is suspended or revoked while in service, military privilege is canceled.

320.4 Military issued European license issued to military is good to point of destination only. Dependents may also have this license. Requires written and drive test.

320.5 A person may obtain an out of state license, then return to MT and obtain a military driver license if all eligibility requirements are maintained. Must turn in OSL.

320.5.1 Upon entering the military and had a Montana driver license, then had a break in service, the person is still eligible for military exemption if the person can show proof of having a MT DL upon initial entry into the military.

320.6 Dependents

320.6.1 If a person is here as a dependent of an individual in the military, we would not require him to get a Montana license, but if he becomes employed in Montana he would then be required to be licensed within 90 days. (Residency Requirement)

320.7 Military Renewal and Update

320.7.1 Military update will not be required to pay fee.

320.7.2 Automated stations may update on system if person shows proof of eligibility. Show license issue type either 02-military renewal or 05-duplicate military. The expiration year of the license on the terminal will be 9999.

320.7.2.1 Can renew military license as regular license anytime before discharge, but then looses the military status.

320.7.2.1.1 Mark application or 21-1800 "SPECIAL" - military renewal to regular license.

320.73 It is no longer necessary for a person applying for a military renewal to send the license with the request form DES-582. The request form is filled out and mailed to Helena by the individual, and Helena sends a sticker to the person who attaches it to the present license.

320.7.4 All records older than five (5) years that have had no action were deleted from the system. If an applicant needs a military renewal or military retake or is one that has been discharged and is not on the system, please re-enter him into the system.

320.7.5 Applicants for military renewal in status of "Full Time Military Assigned to the Reserve: ask for identification card and orders. ID card should be green. If determined from orders that person has been assigned to the Reserve or National Guard or Coast Guard, we can issue provided person has served six (6) months in each calendar year. This privilege DOES NOT apply to the Guards who serve weekends per month. Refer to section 23.3.141. ARM.

 

Mont. Code Anno., @ 61-5-104 (1997)

(1) The following persons are exempt from licensure under this chapter:

(b) a person who is a member of the armed forces of the United States on active duty in Montana who holds a valid license issued by another state and the spouse of the person who holds a valid license issued by another state and who is not employed in Montana, except as a member of the armed forces. If a spouse of a member of the armed forces becomes gainfully employed in Montana, the spouse must be licensed, as required by 61-5-102, within 90 days of becoming employed.

(c) a person on active duty in the armed forces of the United States and in immediate possession of a valid license issued to that person in a foreign country by the armed forces of the United States, for a period of 45 days from the date of the person's return to the United States;

Nebraska

Chapter 60. Motor Vehicles.

LAW 60-4,121. The operator's license of any person serving on active duty, other than members of the National Guard or

reserves activated for training purposes only, outside the State of Nebraska as a member of the United States Armed Forces, or the

spouse of any such person or a dependent of such member of the armed forces, shall be valid during such person's period of

active duty and for not more than sixty days immediately following such person's date of separation from service and shall

be renewed after the expiration date without examination upon written application to the county treasurer who issued the

license. No person shall be permitted to renew a license in such manner more than twice.

The county treasurer also shall issue a renewal license without examination, to any person who is serving in the

armed forces of the United States, or the spouse of any such person or a dependent of such member of the armed forces, and who

makes application for renewal within ninety days prior to the expiration date of his or her license while the member is still

on active duty upon proof that such member is still on active duty. The county treasurer also shall issue a renewal license

without examination, to any person whose license expired while serving in the armed forces of the United States, or the spouse

of any such person or a dependent of such member of the armed forces, and who makes application for renewal within sixty days

after his or her (1) discharge or return to the State of Nebraska to reside, whichever is later, or (2) return to the State of

Nebraska while the member is still on active duty upon proof that such member is still on active duty. Each individual who is

applying for renewal of his or her operator's license shall submit his or her previous license to the examiner or, when the

previous license is unavailable, furnish proof of identification in accordance with section 60-484.

http://statutes.unicam.state.ne.us

Nevada

NRS @ 483.240 (1997)

The following persons are exempt from license . . . :

5. A nonresident on active duty in the Armed Forces who has a valid license issued by his home state and such nonresident's spouse or dependent child who has a valid license issued by such state.

6. Any person on active duty in the Armed Forces who has a valid license issued in a foreign country by the Armed Forces may drive a motor vehicle for a period of not more than 45 days from the date of his return to the United States.

NRS 483.383 Renewal of license: Procedure for renewal by mail; fees; regulations.

1. The department shall:

(a) Establish a procedure to allow such persons as it deems appropriate to renew their driversī licenses by mail.

(b) In addition to the fees set forth in NRS 483.410, for every driverīs license which is renewed by mail, charge and collect a fee of $1.50.

(c) Adopt regulations necessary to carry out the provisions of this section.

2. The fees collected pursuant to paragraph (b) of subsection 1 must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the cost of complying with the provisions of this section.

(Added to NRS by 1995, 835)

ADMINISTRATIVE REGULATIONS.

Renewal of licenses by mail, NAC 483.420-483.

NOTES:

OPINIONS OF ATTORNEY GENERAL

OPERATION OF PRIVATELY OWNED VEHICLE BY MILITARY PERSONNEL. --This section, dealing with persons exempt from obtaining drivers' licenses, extends to any person in the military who holds an operator's or chauffeur's license issued by this state or any other state the right to operate a motor vehicle in this state and perpetuate such license during the holder's term of military service, and a person operating a privately owned vehicle is within the exemption. AGO 129 (4-10-1944).

New Hampshire

NEW HAMPSHIRE STATUTES

NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF MOTOR VEHICLES

263:11 License Expiration; Members of the Armed Forces

Any person who is a member of the armed forces of the United States and who at the time of induction, call to active duty or enlistment into the armed forces for 2 or more years, was a resident of this state and was a holder of a valid New Hampshire license to drive motor vehicles in this state, is entitled to renewal of such license without cost by application to the division. Said application must be accompanied by a letter giving date of expiration of active duty, signed by a commissioned officer. Such a person while driving a motor vehicle shall carry upon his or her person the license issued. The privilege of this section remains in effect for 90 days after the discharge or release of such a person from active duty. Nothing in this section permits a person against whom a revocation or suspension of license is in force, or a person who has been refused a license by the director, to drive a motor vehicle.

New Jersey

TITLE 39 MOTOR VEHICLES AND TRAFFIC REGULATION

39:3-11.5. Persons in military or naval service or discharged or released therefrom; "in time of emergency" defined

Any person, who is the holder of a valid license to drive a motor vehicle at the time he or she enters the active military or naval service of the United States, in time of war or time of emergency, may continue to exercise the driving privilege therein conferred until the expiration of 180 days after the termination of the war or emergency, or for a period of 3 months from the date of his or her discharge or release from such service under conditions other than dishonorable, without payment of any fee therefor to the Director of the Division of Motor Vehicles; provided, however, no such person shall exercise said privilege except when attired in official military uniform or when having in his or her possession evidence of his or her said discharge or release or of his or her active military status or assignment.

 

As used herein the term "in time of emergency" shall mean and include any time after June 23, 1950, and prior to the termination, suspension or revocation of the proclamation of the existence of a national emergency issued by the President of the United States on December 16, 1950, or termination of the existence of such national emergency by appropriate action of the President or Congress of the United States, and shall also mean and include any time after December 31, 1960, and prior to the date of the termination of the warlike conditions in the southeast Asia area by appropriate action of the President or Congress of the United States.

L.1943, c. 98, p. 321, s. 1. Amended by L.1944, c. 38, p. 94, s. 1; L.1946, c. 3, p. 16, s. 1; L.1953, c. 106, p. 1286, s. 1; L.1970, c. 332, s. 1, eff. Dec. 29, 1970.

New Mexico

All driver's licenses shall be issued for a period of four years, except those provided for in Section 66-5-19 NMSA 1978 and as otherwise provided in Section 66-5-67 NMSA 1978, and each license shall expire thirty days after the applicant's birthday in the fourth year after the effective date of the license. A license issued pursuant to Section 66-5-19 NMSA 1978 shall expire thirty days after the applicant's birthday in the year in which the license expires. Each license is renewable within ninety days prior to its expiration or at an earlier date approved by the department. The fee for the license shall be as provided in Section 66-5-44 NMSA 1978. The department may provide for renewal by mail pursuant to rules adopted by the department and may require an examination upon renewal of the driver's license.

N.M. Stat. Ann. @ 66-5-4 (1997)

Persons exempt from licensure:

B. any person who is at least fifteen years of age and who has in his immediate possession a valid driver's license issued to him in his home state or country may drive a motor vehicle in this state except that the person shall obtain a license upon becoming a resident and before he is employed for compensation by another for the purpose of driving a motor vehicle;

F. any person in the military service of the United States or who has been honorably discharged therefrom within thirty days when:

(1) he holds a driver's license of this state not more than six years old which has expired while the holder was in service;

(2) he is stationed outside the geographical limits of this state;

(3) he is on leave from military service; and

(4) only while operating a motor vehicle in this state.

N.M. Stat. Ann. @ 66-3-301 (1997)

IV. MILITARY PERSONNEL.

SERVICEMEN LOCATED WITHIN STATE EXCLUDED FROM REGISTRATION REQUIREMENT.--Servicemen located within this state, but who are residents of and domiciled in another state, are excluded from taxation of their personal property, including registration of and excise tax on their motor vehicle and personal property. This is true even though the state of residence and domicile does not exercise its right of taxation. 1959-60 Op. Att'y Gen. No. 59-216.

SERVICEMAN NEED NOT REGISTER IF WIFE USES VEHICLE. --A serviceman who owns a vehicle registered in his own name in the state of his residence, a community or noncommunity property state, purchased during coverture, is not required to register his motor vehicle in New Mexico under the provisions of 64-6-1, 1953Comp. (similar to this section) if his wife is gainfully employed within the state but is not using the vehicle in her work. 1957-58 Op. Att'y Gen. No.57-172.

SERVICEMAN MUST REGISTER IF NOT REGISTERED IN HOME STATE. --Section 514 of the

Soldiers' and Sailors' Civil Relief Act (50 U.S.C. App. @ 574) forbids New Mexico's requiring a nonresident serviceman to register his automobile so long as the automobile is registered in the serviceman's home state. If, however, the automobile is not registered in his home state, it is lawfully subject to registration in New Mexico and 64-6-1, 1953 Comp. (similar to this section) should be enforced. 1971 Op. Att'y Gen. No. 71-98.

New York

§ 251. Exemption for members of the armed forces and their dependents.

  1. The provisions of this chapter relative to the registration of motor vehicles and motorcycles and the display

of number plates shall not apply to motor vehicles or motorcycles having registrations and displaying plates

issued by the armed forces of the United States for vehicles owned by members of the armed forces or their

dependents, but such exemption shall be valid only for a period of forty-five days after the owner thereof has

entered this state for the purpose of traveling to either his place of residence or a point of military duty.

  1. A member of the armed forces who has been issued a license to operate a motor vehicle or motorcycle by

the armed forces of the United States may operate a motor vehicle or motorcycle on the public highways of this

state without being licensed under this chapter for a period of sixty days after such person has entered this state.

  1. The provisions of this chapter relative to the registration and equipment of motor vehilces, motorcycles and

trailers and the display of registration numbers shall not apply to motor vehicles, motorcycles or trailers owned by

members of the armed forces or their dependents who are non-residents of this state, provided that the owner

thereof shall have complied with the provisions of the law of the foreign country, state, territory or federal district

of his residence relative to registration and equipment of such motor vehicles, motorcycles or trailers, as the case

may be, and the display of registration numbers thereon, and shall conspicuously display his registration numbers

as required thereby.

4. For the purposes of this section "member of the armed forces" shall mean a person on active duty, other than

annual active duty for training, in a branch of the armed forces of the United States or a person who has been

discharged from such active duty within the preceding sixty days, and "dependent" shall mean a spouse or child

of a member of the armed forces or other person residing in the same household and dependent upon such member

of the armed forces for support.

NOTE: If the military dependent becomes a N.Y. resident they must have a license in N.Y. within thirty days of

when they became a resident. Suggest contacting the local N.Y. Department of Motor Vehicles for information

regarding what constitutes becoming a resident.

North Carolina

Expiration and Temporary License. -- The first drivers license the Division issues to a person expires on the person's fourth or subsequent birthday that occurs after the license is issued and on which the individual's age is evenly divisible by five, unless this subsection sets a different expiration date. The first drivers license the Division issues to a person who is at least 17 years old but is less than 18 years old expires on the person's twentieth birthday. The first drivers license the Division issues to a person who is at least 62 years old expires on the person's birthday in the fifth year after the license is issued, whether or not the person's age on that birthday is evenly divisible by five.

A drivers license that was issued by the Division and is renewed by the Division expires five years after the expiration date of the license that is renewed. A person may apply to the Division to renew a license during the 60-day period before the license expires. The Division may not accept an application for renewal made before the 60-day period begins.

Any person serving in the armed forces of the United States on active duty and holding a valid drivers license properly issued under this section and stationed outside the State of North Carolina may renew the license by making application to the Division by mail. Any other person, except a nonresident, who holds a valid drivers license issued under this section and who is temporarily residing outside North Carolina, may also renew by making application to the Division by mail. For purposes of this section "temporarily" shall mean not less than 30 days continuous absence from North Carolina. In either case, the Division may waive the examination and color photograph otherwise required for the renewal of a drivers license, and may impose in lieu thereof any conditions it considers appropriate to each particular application. A license renewed by mail is a temporary license that expires 30 days after the person to whom it is issued returns to this State.

N.C. Gen. Stat. @ 20-8 (1997)

The following are exempt from license hereunder:

(3) A nonresident who is at least 16 years of age who has in his immediate possession a valid driver's license issued to him in his home state or country if the nonresident is operating a motor vehicle in this State in accordance with the license restrictions and vehicle classifications that would be applicable to him under the laws and regulations of his home state or country if he were driving in his home state or country. This exemption specifically applies to nonresident military spouses, regardless of their employment status, who are temporarily residing in North Carolina due to the active duty military orders of a spouse.

North Dakota

NORTH DAKOTA DRIVER'S LICENSE AND TRAFFIC SAFETY DIVISION

39-06-19.1 EXTENDED TERM OF LICENSE HELD BY MEMBERS OF THE ARMED FORCES

A valid operator's license issued, under the provision of this chapter, to a resident of North Dakota who enters or is in the United States Armed Forces and serving upon active duty with such forces continues and the licensee remains absent from this state. And for not to exceed thirty days following the date on which the holder of such license is honorably separated from such service or returns to this state, unless the license is sooner suspended, cancelled , or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has their discharge or separation papers, if they have been discharged or separated from the service, or has documentation authorizing them to be absent from their duty station in their immediate possession.

 

N.D. Cent. Code, @ 39-06-02 (1997)

What persons are exempt from license -- Resident defined

The following persons are exempt from license hereunder:

A member of the armed forces of the United States may operate a motor vehicle in this state while that person is stationed in North Dakota, provided that person has a valid current operator's license from another state.

A person over sixteen years of age who becomes a resident of this state and who has in that person's possession a valid operator's license issued to that person pursuant to the laws of some other state or country or by military authorities of the United States may operate a motor vehicle for a period of not more than sixty days after becoming a resident of this state, without being required to have a North Dakota operator's license.

For purposes of this chapter, a person must be deemed a resident of this state when the person has lived in the state for ninety consecutive days, unless such person is a nonresident student, a tourist, or a member of the armed forces.

Ohio

Section 4507.03

General Assembly: 120.

Bill Number: Sub. S.B. 96

No person shall be required to obtain a driver's or commercial driver's license for the purpose of driving or operating a road roller, road machinery, or any farm tractor or implement of husbandry, temporarily drawn, moved, or propelled upon the highway.

Every person on active duty in the military or naval forces of the United States, when furnished with a driver's permit and when operating an official motor vehicle in connection with such duty, is exempt from the license requirements of Chapters 4506. and 4507. of the Revised Code.

Every person on active duty in the military or naval forces of the United States or in service with the peace corps, volunteers in service to America, or the foreign service of the United States, is exempt from the license requirements of such sections for the period of his active duty or service and for six months thereafter, provided such person was a licensee under such sections at the time he commenced such active duty or service. This section does not prevent such person from making an application, as provided in division (C) of section 4507.10 of the Revised Code, for the renewal of a driver's license or motorcycle operator's endorsement or as provided in section 4506.14 of the Revised Code for the renewal of a commercial driver's license during the period of his active duty or service.

ORC Ann. 4507.03 (Anderson 1997)

3. (1966) Military personnel based in Ohio, as well as their wives and children, who intend to return to their home state, are nonresidents and may operate a motor vehicle in Ohio without obtaining an Ohio operator's license, provided they are legally and properly licensed in the state of their residence: OAG No.66-074.

Oklahoma

Drivers Licenses: "A non-resident who is sixteen (16) years of age or older who is properly licensed in his home state or country to operate a commercial or noncommercial motor vehicle and who has in his immediate possession a valid driver's license issued by his home state or country may operate a motor vehicle in [Oklahoma] as authorized by class, restrictions and endorsements specified on the license." Okla. Stat. 47-6-102 (1995).

4. Oklahoma residents on overseas tours: "Any person on active duty with the Armed Forces of the United States outside the continental limits of the United States having a valid driver's license issued by the State of Oklahoma for the operation of motor vehicles upon the highways of the state shall have, without additional charge, a valid driver's license for the duration of such service and for a period of sixty (60) days from and after his return to the continental limits of the United States from such service." Okla Stat. 47-6-121 (1995).

5. Motor Vehicle Registration: "All vehicles owned by members of the Armed Forces of the United States or their spouses assigned to duty in this state in compliance with official military or naval orders or owned by the spouse, who resides in Oklahoma, or a member of the Armed Forces of the United States serving in a foreign country . . . which is not registered and licensed for the current year in the state of residence or domicile of the serviceman or of the spouse owning the vehicle must be registered for the current year in Oklahoma as herein provided, except that any such vehicle which has been licensed in some other state by such serviceman or spouse while the serviceman was stationed in said other state may be operated in this state for the remainder of the year or period for which it is licensed." Okla. Stat. 47-1127 (1995). The OK Tax Commission has interpreted this as meaning that servicemembers do not need to register in OK as long as they are properly registered in another state. However, Fort Sill's Law Enforcement Command has directed that servicemembers coming from a state that is not their Home of Record (HOR) or domicile state must register in OK as soon as their prior registration expires. Individuals registered in their HOR state can continue to register their vehicles in that state or in OK.

 

Oregon

OREGON STATUTES

OREGON DEPARTMENT OF MOTOR VEHICLES

807.150 Renewal

(1) When a license expires or is about to expire, the Department of Transportation shall renew the license under this section if the holder of the license qualifies and:

(b) Applies for issuance of a license within six months after the applicant is discharged from the Armed Forces of the United States and was licensed by this state at the time of the applicant's entry into the Armed Forces.

Exemptions from requirement to have Oregon license or permit.

(10) The spouse of a member of the Armed Forces of the United States on active duty who is accompanying the member on assignment in this state may operate a motor vehicle if the spouse has a current out-of-state license or driver permit issued to the spouse by another state in the spouse's possession.

(11) A person who is a member of the Armed Forces of the United States on active duty may operate a motor vehicle if the person has a current out-of-state license or driver permit in the person's possession that is issued to the person by the person's state of domicile or by the Armed Forces of the United States in a foreign country. Driving privileges described under this subsection that are granted by the Armed Forces apply only for a period of 45 days from the time the person returns to the United States.

Pennsylvania

75 Pa.C.S.A. §§1502 - http://www.dmv.state.pa.us

2. Driver's Licensing. Persons exempt from licensing. The following persons are not required to obtain a driver's license under this chapter: ... (3) Any nonresident who is at least 16 years of age and who has in possession a vailid driver's license issued in the person's home state or country except that a person who has been issued a valid driver's license in a country other than the US or Canada shall be exempt only upon showing a satisfactory understanding of official traffic-control devices. 75 Pa.C.S.A. §1502. Reciprocity only covers the same class of vehicle as is permitted by the host license. Additional protections cover military licensee's holding a license issued by a foreign country for the first 45 days upon returning CONUS.

3. Expiration and renewal of drivers' licenses. (d) Military personnel and dependents. Notwithstanding the general requirement for renewal, a driver's license held by any person who enters or is on active service in the armed forces of the US or the spouse or dependent child of the member of the armed forces who resides with such person shall continue in full force and effect so long as the active service continues and the person is absent from Pennsylvania, and for a further period of 45 days following the date of the person's discharge or separaton from active service or return to Pennsylvania, unless the driver's license is sooner suspended, cancelled or revoked for cause according to law. A driver's licence which otherwise would have expired under the general requirement for renewal shall be valid only if the licensee has in immediate possession, together with the driver's license, papers indicating actual service outside Pennsylvania, or discharge or separation, as the case may be, or proof thereof if a spouse or child. 75 Pa.C.S.A. §1502.

  • Vehicle Registration. (d) Members of the Armed Forces. A member of the armed forces of the US who is serving on active duty in Pennsylvania need not register a personal passenger vehicle in Pennsylvania if the vehicle is registered in the state of the military members residence.

75 Pa.C.S.A. §1303.

Note: This Protection does not extend to vehicles owned solely in the name of dependents of military members. Those vehicles will either have to be retitled in the name of the military member and in that member's state of residence, or they will have to be registered in the State of Pennsylvania.

75 Pa.C.S. @ 1502 (1997)

The following persons are not required to obtain a driver's license under this chapter:

(3) Any nonresident who is at least 16 years of age and who has in possession a valid driver's license issued in the person's home state or country except that a person who has been issued a valid driver's license in a country other than the United States or Canada shall be exempt only upon showing a satisfactory understanding of official traffic-control devices. A nonresident may only drive the class or classes of vehicles in this Commonwealth for which the person is licensed to drive in the person's home state or country subject to all restrictions contained on the license.

(4) Any person on active duty in the armed forces of the United States who has in their immediate possession a valid driver's license issued in a foreign country by the armed forces of the United States may operate a motor vehicle in this Commonwealth for a period of not more than 45 days from the date of the person's return to the United States.

Puerto Rico

9 L.P.R.A. @ 652 (1996)

(b) . . . Notwithstanding the provisions of this chapter, nonresident members of the Armed Forces of the United States of America in active duty who have been assigned to serve in Puerto Rico, including their spouses and children older than sixteen (16) years of age shall be exempted from the requirement to obtain a motor vehicle driver's license in Puerto Rico when they own a motor vehicle driver's license that is in force and which has been issued by competent authority in any state, territory or possession of the United States, foreign country, or place where they registered in the Armed Forces, with which reciprocity relations have been established, as provided in subsection (c) of this section. Whenever the act so requires it, the persons thus authorized shall have to present the driver's license issued to them, military identification card, or that of their spouses and children, and a copy of the military orders to a police officer or any other official.

ANNOTATIONS.

1. Soldiers. Soldiers stationed in Puerto Rico on official orders are not exempt from the requirement to apply for a license to drive in the Commonwealth even though they have a license from the state in which they reside, as nowhere in the Soldiers' and Sailors' Civil Relief Act nor in the Vehicle and Traffic Act does there exist provisions authorizing this, as the exemptions which the latter allows are only if certain requirements are met. Op. Sec. Jus. No. 31 of 1969.

Rhode Island

31 R.I. Gen. Laws @ 31-10-2 (1997)

The following persons are exempt from the licensing requirements hereunder:

(2) A nonresident who is at least sixteen (16) years of age and who has in his or her immediate possession a valid operator's license issued to him or her in his or her home state or country may operate a motor vehicle in this state only as an operator;

TITLE 31
Motor and Other vehicles

CHAPTER 31-10
Operators' and Chauffeurs' Licenses

SECTION 31-10-8

§ 31-10-8 Special armed forces operator's license. – The registrar is hereby authorized to issue a special form of motor vehicle operator's license, at no fee, to any person serving in the armed forces of the United States who at the time of his or her entrance into the armed forces was a legal resident of Rhode Island and the holder of a valid license, and the special license shall be valid during the term of the person's period of service and for thirty (30) days thereafter unless sooner cancelled, suspended, or revoked for cause, and the person shall, while operating a motor vehicle upon the public highways, carry the special license upon his or her person and shall also carry upon his or her person conclusive evidence of the fact that he or she is a member of the armed of the

United States.

§ 31-10-9 Operator's license issued after expiration of armed forces license. – Whenever an armed forces special license shall become invalid by reason of expiration, the person to whom it was issued shall, within a period of three (3) years from the date of the expiration, be entitled to receive a regular motor vehicle operator's license without submitting to an examination upon presentation of a proper application accompanied by the proper fee

§ 31-10-10 Rules as to armed forces license. – The special license provided for in §§ 31-10-8 and 31-10-9, shall be issued under such rules and in such form as the registrar may prescribe

South Carolina

§ 32-12-45. Extended term of license held by member of armed forces.

A valid South Dakota driver's license held by any person who enters or is in the United States armed forces shall continue in full force and effect so long as the service continues and the person remains absent from this state, and for not to exceed thirty days following the date on which the holder of such license is honorably separated from such service or returns to this state, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has his discharge or separation papers, if he has been discharged or separated from the service, in his immediate possession.

 

History

Source: SDC Supp 1960, § 44.03B02 (5) as added by SL 1967, ch 200, § 1.

§ 32-12-45.1. Renewal of license of dependent of member of armed forces.

A valid South Dakota driver's license held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in § 32-12-42. However, such license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the department of commerce and regulation an affidavit signed by the dependent which states that he is a dependent of a member of the United States armed forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist which supplies proof that the dependent has adequate eyesight.

S.C. Code Ann. @ 56-1-30 (1997)

The following persons are exempt from licenses under this article:

(3) . . . a nonresident on active duty in the Armed Services of the United States who has a valid license issued by his home state and the nonresident's spouse or dependent who has a valid license issued by his home state;

(5) Any person on active duty in the Armed Services of the United States who has in his immediate possession a valid driver's license issued in a foreign country or by the Armed Services of the United States may operate a motor vehicle in this State for a period of not more than ninety days from the date of his return to the United States . . .

ATTORNEY GENERAL'S OPINIONS

Active duty military and their dependents do not have to obtain a South Carolina driver's license unless they become permanent residents of this State. 1989 Op Atty Gen, No. 89-39, p 109.

SECTION 56-1-210. Expiration of license; renewal; vision tests and re-examinations; persons on active military duty.

Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes. The department may renew a driver's license of a resident by mail upon payment of the required fee, if the renewal is a digitized license.

No license may be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the Department may require the submission by the applicant of evidence satisfactory to the Department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the Department, the Department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test.

If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service

South Dakota

S.D. Codified Laws @ 32-12-27 (1997)

Military personnel, domestic volunteers and dependents with out-of-state license exempt:

Any nonresident who is stationed in this state while in the military service of the United States or any nonresident who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident, and who has in his possession a valid driver's license or permit issued in his home state or country may operate a motor vehicle in this state.

§ 32-12-45. Extended term of license held by member of armed forces.

Statute text

A valid South Dakota driver's license held by any person who enters or is in the United States armed forces shall continue in full force and effect so long as the service continues and the person remains absent from this state, and for not to exceed thirty days following the date on which the holder of such license is honorably separated from such service or returns to this state, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has his discharge or separation papers, if he has been discharged or separated from the service, in his immediate possession.

 

 

History

Source: SDC Supp 1960, § 44.03B02 (5) as added by SL 1967, ch 200, § 1.

§ 32-12-45.1. Renewal of license of dependent of member of armed forces.

A valid South Dakota driver's license held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in § 32-12-42. However, such license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the department of commerce and regulation an affidavit signed by the dependent which states that he is a dependent of a member of the United States armed forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist which supplies proof that the dependent has adequate eyesight.

 

Tennessee

A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as such person's service continues and such person is stationed outside this state, notwithstanding the fact that such person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which such person is honorably discharged or separated from such service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in such licensee's immediate possession such licensee's discharge or separation papers, if the licensee has been discharged or separated from the service.

Tenn. Code Ann. @ 55-50-304 (1997)

The following persons are exempt from licensing under this chapter:

(7) (A) Any active member of the armed forces assigned to a military installation or base located within this state, and the member's spouse, who have in their immediate possession a valid driver license issued to them in their home state or country; provided, that this exemption only applies if the member of the armed forces has not established Tennessee as the member's domicile.

(B) For purposes of this exemption, domicile may be inferred if the person has registered to vote in Tennessee, or was required to pay the wheel tax when registering a motor vehicle in Tennessee, has listed Tennessee as such person's state for tax purposes on such person's military leave and earnings statement (LES), or has taken action that clearly indicates the person's intent to permanently reside in Tennessee. Purchasing a home or registering a motor vehicle (without being required to pay the wheel tax) in Tennessee, do not alone, or in conjunction with each other, establish intent to declare Tennessee as the person's domicile. The domicile of the spouse shall be deemed to be the same as that of the active duty service member for purposes of this subdivision. Domicile may not be inferred if the basis for the determination, without considering other relevant factors, is that the member of the armed forces or the member's spouse has obtained employment in this state or that the member or the member's spouse is enrolled in the public schools of this state.

Texas

http://www.capitol.state.tx

Transportation Code Sect. 521.0028 states that, unless the license is suspended or revoked, licenses issued by Texas remain valid beyond the expiration date if it is issued to an active duty military member and the member is absent from the state.

Tex. Transp. Code @ 521.027 (1997)

The following persons are exempt from the license requirement imposed under this chapter:

(3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and

(4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.

Utah

UTAH UNIFORM DRIVE LICENSE ACT

53-3-205 sec (e) Expiration of drivers license

(e) A license and any endorsement to the license held by a person ordered to active duty and stationed outside Utah in any of the armed forces of the United States, which expires during the time period the person is stationed outside of the state is valid until 90 days after the person has been discharged or has left the service, unless the license is suspended, disqualified, denied, or has been cancelled or revoked by the division, or the licensee updates the information or photograph on the license certificate.

Utah Code Ann. @ 41-1a-202 (1997)

Definitions - Vehicles exempt from registration – Registration of vehicles after establishing residency

(1) In this section:

(ii) "Resident" does not include any of the following:

(A) a member of the military temporarily stationed in Utah . . .

Vermont

23 V.S. A. § 616.

(a) A resident of Vermont who is a member of the armed forces of the United States, and who at the time of his induction, call on reserve commission or enlistment into such forces, or who during his term of service with the armed forces was the holder of a valid Vermont license to operate motor vehicles issued by the commissioner, shall, notwithstanding the expiration of such license, be entitled to operate a motor vehicle without a new license therefor during his term of service and until thirty days after receiving a discharge from the armed forces, provided, however, that he shall not be so entitled for a longer period than four years from the date of expiration of his license.

(b) Such person shall while operating a motor vehicle, carry upon his person the last license issued to him and conclusive evidence that he is a member of the armed forces and, if discharged, a copy of such discharge.

(c) Nothing in this section shall be construed to permit a person against whom a revocation or suspension of license has been issued or is in force, or a person who has been refused a license by the commissioner, to operate a motor vehicle.

23 V.S.A. @ 601 (1997)

License required

(a) A resident who intends to operate motor vehicles shall procure a proper license so to do. Nonresidents may procure operators' licenses as provided in this title for the licensing of nonresidents. All operator licenses issued under this chapter shall expire every four years at midnight on the eve of the anniversary of the date of birth of the applicant. All junior operator licenses shall expire every two years at midnight on the eve of the anniversary of the date of birth of the applicant. A person born on February 29 shall, for the purposes of this section, be considered as born on March 1.

(b) . . . A person shall not operate a motor vehicle unless properly licensed so to do, except as provided in this chapter.

Virginia

http://www.dmv.state.va.us/

Va. Code Ann. @ 46.2-306 (1997)

Exemption of armed services personnel and spouses and dependent children of armed services personnel

Notwithstanding @ 46.2-100, a person on active duty with the armed services of the United States or a spouse or a dependent child not less than sixteen years of age of a person on active duty with the armed services of the United States who has been licensed as a driver under a law requiring the licensing of drivers in his home state or country and who has in his immediate possession a valid driver's license issued to him in his home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle on the highways in the Commonwealth. The provisions of this section shall not be affected by the person's, spouse's, or dependent child's ownership of a motor vehicle registered in Virginia.

Expiration of Drivers Licenses. Extension of licenses for persons in armed services or foreign service

Any driver's license issued under this chapter shall be held not to have expired during the period of the licensee's service, if any, outside the Commonwealth of Virginia, in the armed services of the United States or as a member of the diplomatic service of the United States of America, appointed under the Foreign Service Act of 1946, serving outside the United States and six months thereafter. However, no extension granted under this section shall exceed five years from the date of expiration shown on the individual's driver's license. Any person whose license is extended under this section shall have documentary or other proof,

when operating any motor vehicle, that he is entitled to the benefits of this section. Annotated Code of Virginia, Motor Vehicles § 46.2-331.

Reciprocity is a prerequisite to relief on the basis of vehicle registration. Virginia will grant nonresidents the same rights and exemptions regarding registration of foreign registered vehicles, as that foreign jurisdiction grants to Virginia residents who are possessing Virginia registered vehicles while in the foreign jurisdiction.

Note: In Virginia, the rule is that dependents do not need a VA license UNLESS they are employed in VA. VA Code Sections 46.2-306, 307 and 308, and 46.2-334.

Virgin Islands

20 V.I.C. @ 376 (1997)

Foreign operator's licenses

(a) If a person holds a bona fide unexpired operator's license issued by a State of the United States or a territory or possession thereof, such person shall be permitted to operate a motor vehicle in the Virgin Islands as if he held a valid Virgin Islands operator's license, however, said person shall be required to obtain a Virgin Islands operator's license as provided in this chapter within ninety days after his date of arrival in the Virgin Islands. . . .

Washington

Rev. Code Wash. 46.20.027 Licenses of persons serving in armed forces to remain in force--Duration. A Washington state motor vehicle driver's license issued to any person serving in the armed forces of the United States, if valid and in force and effect while such person is serving in the armed forces, shall remain in full force and effect so long as such service continues unless the same is sooner suspended, canceled, or revoked for cause as provided by law and for not to exceed ninety days following the date on which the holder of such driver's license is honorably separated from service in the armed forces of the United States. [1967 c 129 § 1.].

Rev. Code Wash. (ARCW) @ 46.20.025 (1997)

The following persons are exempt from license hereunder:

(3) A nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to him or her in his or her home country may operate a motor vehicle in this state for a period not to exceed one year . . .

Notes of Decisions

Necessity that dependent wife who accompanies serviceman on military assignment to Washington obtain Washington State motor vehicle operator’s license before she can legally drive on Washington highways when she has valid operator’s license from her state of domicile. Op.Atty.Gen. 1961-62, No. 88.

West Virginia

WEST VIRGINIA DIVISION OF MOTOR VEHICLES

W. Va. Code @ 17B-2-12. Expiration of licenses; renewal; renewal fees

(a) Every driver's license shall expire your fears from the date of is issuance, except that the driver's license of any person in the armed forces shall be extended for a period of six months from the date the person is separated under honorable circumstances from active duty in the armed forces.

(b) After the thirtieth day of June, one thousand nine hundred ninety-six, the following shall apply:

(1) Every driver's license issued to persons who have attained their twenty-first birthday shall expire on the last day of the month in which the applicant's birthday occurs in those years in which the applicant's age is evenly divisible by five. Except as provided in the following subdivisions, no driver's license may be issued for less that three years nor more than seven years and such driver's license shall be renewed in the month in which the applicant's birthday occurs and shall be valid for a period of five years, expiring in the month in which the applicants birthday occurs and in a year in which the applicant's age is evenly divisible by five.

(2) Every driver's license issued to persons who have not attained their twenty-first birthday shall expire on the last day of the month in the year in which the applicant attains the age of twenty-one years.

(3) The driver's license of any person in the armed forces shall be extended for a period of six months from the date the person is separated under honorable circumstances from active duty in the armed forces.

(c) A person who allows his or her driver's license to expire may apply to the division for renewal thereof. Application shall be made upon a form furnished by the division and shall be accompanied by payment of the fee required by section eight [17B-2-8] of this article plus an additional fee of five dollars. The commissioner shall determine whether such person qualifies for a renewed license and may, in the commissioner's discretion, renew any expired license without examination of the applicant.

(d) Each renewal of a driver's license shall contain a new color photograph of the licensee. By first class mail to the address last known to the division, the commissioner shall notify each person who holds a valid driver's license of the expiration date of the license. The notice shall be mailed at least thirty days prior to the expiration date of the license and shall include a renewal application form.

W. Va. Code @ 17B-2-2 (1997)

The following persons are exempt from license hereunder:

(2) A nonresident who is at least sixteen years of age and who has in his immediate possession a valid driver's license issued to such person in such person's home state or country may operate a motor vehicle in this state only as an operator for a period not to exceed ninety days in any one calendar year;

Wisconsin

343.20(3)

(3) Any person who holds a valid license and who is unable to make a renewal application within the period declared by the department, due to serving with any branch of the armed services, may apply for a renewal of the license at any time during such service or within 6 months after the date of discharge from such services.

 

343.20(4)

(4) Any license issued under this chapter does not expire on the expiration date on the license if, on that expiration date, the licensee is on active duty in the U.S. armed forces and is absent from this state.  Any license extended under this subsection expires 30 days after the licensee returns to this state or 90 days after the licensee is discharged from active duty, whichever is earlier.  If a license is renewed after an extension under this subsection, the renewal period shall begin on the day after the expiration date on the license.

 

343.20 - ANNOT.

History:   1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1979 c. 306; 1981 c. 20, 42, 71; 1989 a. 31, 105, 294; 1991 a. 13; 1995 a. 255, 446; 1997 a. 27, 237.

 

Wis. Stat. @ 343.05 (1995-1996)

(b) The following are exempt from the licensing requirements . . . :

1. A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid operator's license issued to the person in the person's home jurisdiction.

Wyoming

Wyo. Stat. @ 31-7-119. Expiration and renewal; required tests; extension. (a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the license. Every driver's license is renewable within one hundred twenty (120) days before its expiration upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section. The division may renew a driver's license more than one hundred twenty (120) days before its expiration if the applicant states in writing that he will not be in the state during the one hundred twenty (120) days before the license expires. (b) The division shall require every person applying for renewal of a driver's license to take and successfully pass a test of his eyesight. The division may require any applicant to take and successfully pass any additional tests or provide affidavits required or authorized under the original applications the division finds reasonably necessary to determine his qualification according to the type or class of license. The written test for a hazardous materials endorsement shall be taken and passed if the person wants to retain an "H" endorsement. (c) Notwithstanding subsection (f) of this section, the division may defer the expiration of the license of a licensee who is on active duty in the armed forces of the United States for successive four (4) year periods, upon terms and conditions as it may prescribe. The division may similarly defer the expiration of the license of the spouse or dependent child of the person in the armed forces if residing with that person. (d) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a new license until the expiration of the period of revocation. Any person making false application for a new license before the expiration of the period of revocation is guilty of a misdemeanor punishable by imprisonment for not more than six 6) months a fine of not more than seven hundred fifty dollars ($750.00), or both. (e) Notwithstanding subsection (a) of this section, the driver's license of any person who has not attained his twenty-first birthday may be renewed within thirty (30) days prior to the date of his twenty-first birthday upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section. (f) Once in any eight (8) year period, a driver's license may be extended for a four (4) year period without the examination required by subsection (b) of this section for a licensee: (i) Whose license has not been suspended or revoked in the four (4) years immediately preceding the date of license expiration; (ii) Who, according to affidavits required by the division indicates no medical impairment which might represent a hazard to public safety; (iii) Whose license is not restricted pursuant to W.S.31-7-117(c). (g) The division shall send an application for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days prior to the license expiration date. The application shall be accompanied by written evidence that the applicant's visual acuity is 20/40 or better with or without corrective lenses, as tested within one (1) year prior to submitting the application. Upon receipt of a completed application and the fee prescribed by W.S. 31-7-113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension. (h) The license extension shall be properly affixed to the reverse side of the license to validate extension.

Wyo. Stat. @ 31-7-107 (1997)

(a) The following persons are exempt from the licensing requirement under this act:

(iii) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his state of residence and the nonresident's spouse or dependent son or daughter who has a valid license issued by the person's state of residence;

(iv) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States but only for a period of forty-five (45) days from the date of his return to the United States;

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Used Car Buying: A Checklist

Shopping for a used car? A used car can be a bargain, but you should know some important facts before you buy your car.

"As Is" Means No Warranty

Only about one-half of all used cars sold by dealers come with a written warranty. The other half are sold "as is," without a written warranty. This means that if you have problems with the car after you buy it, you must pay for any needed repairs yourself. The dealer has no further responsibility for the car once the sale is complete and you drive off the lot.

If you buy a car from a private individual (for example, through classified newspaper ads), you are probably buying the car "as is." Without a written contract with specific repair provisions, the seller in most states has no further responsibility for the car. Even in the few states that do not permit "as is" sales, the seller's only obligation, without a written warranty, is to sell you a car that is capable of providing basic transportation--nothing more. Of course, if you have a written contract, the seller must live up to the promises stated in the contract. Depending on its age, the car may be covered by a manufacturer's warranty or service contract. Ask the seller for details.

Warranty Protection

The used car you buy may come with a written warranty. Examine it carefully before you buy to see what is covered and what is not. If the dealer makes any promises to repair the car that are not included in your written warranty, ask the dealer to add those promises to the written warranty.

When you buy your used car, look for and ask about the following:

  • Used Car Buyers Guide: The Federal Trade Commission requires that a Buyer's Guide be posted in the window of used cars sold by dealers. The guide indicates whether the car is sold "as is" or under "warranty."

    Full or Limited Warranty: This means that the dealer will pay all or part of the total repair bill for covered systems that fail during the warranty period. Ask the dealer for a copy of the written warranty and for an explanation of the warranty's coverage, exclusions, and repair obligations. Does the warranty cover both parts and labor? Does it cover only a percentage of the repair work or all of it?

      Implied Warranty: Some state laws do not permit dealers to sell used cars "as is." In those states, implied warranties may give you some rights to have the dealer take care of serious problems that were not apparent when you bought the car. Ask your state and or local consumer protection office or Legal Assistance attorney whether this applies in your state.

  • Service Contract

    Some dealers may offer you a service contract. A service contract, like a warranty, provides repair and/or maintenance services for a specific time period. Unlike a warranty, however, a service contract costs extra. A service contract may overlap with warranty coverage. Compare the terms of any service contract offered to the terms of any warranty coverage on the used car. If you buy a service contract within 90 days of the time of sale, you may have additional rights contained in your state law. As with implied warranties, you should seek more information about how this works in your state. Additionally, a service contract will often be useless if you move out of state or overseas.

    Known Defects Disclosure

    If a dealer knows about a major defect prior to selling you a used car, the dealer has an obligation, under law, to disclose it. If the dealer knows the car is seriously defective and does not tell you about the defect prior to sale, you may be able to break the contract. Again, make sure to find out the specific rules that apply in your state.

    Independent Inspections

    Before you buy a used car, it is a good idea to ask the dealer if you may have the car inspected by an independent mechanic. In this way, you will have a chance to find out about the mechanical condition of the car before you buy it.

    Some dealers will permit you to take the car to an independent mechanic. Others may have good reasons (for example, insurance restrictions) for denying this request.

    With the dealer's permission, you can also ask an independent mechanic to come to the used car lot. Ask someone who knows about cars for the names of reputable mechanics. You can also find mechanics through advertisements, car repair establishments, and auto diagnostic centers in your community.

     

     

    Federal Odometer Requirements Act

    Federal law requires that sellers of automobiles disclose to buyers the accurate mileage on a car as indicated by the odometer or tell buyers if mileage is unknown. The law further provides civil penalties for those who intentionally violate these requirements. If you have purchased a used car and believe the mileage on the car to be higher than what was disclosed to you, see your legal assistance attorney.

    Used Car Inspection Checklist

    When you shop for a used car, you may find the following checklist helpful. Make sure you or your mechanic check for cracks, leaks, breaks, abnormal noises, and missing or inoperable parts in the systems of the car listed below.

    ___ Frame and body: Is the frame straight and solid?

  • ___ Engine: Is there excessive oil leakage? Are the belts in place? Is the block or head cracked? Is the exhaust normal?

    ___ Transmission and drive shaft: Is the transmission fluid proper and seepage normal? Is the transmission solid? Is the drive shaft in good shape?

    ___ Differential: Does the differential operate quietly without excessive seepage?

    ___ Cooling system: Does the water pump function properly? Is there any leakage, including any from the radiator?

    ___ Electrical system: Does the battery leak? Do the alternator, generator, battery, and starter work properly?

    ___ Fuel system: Is there any visible leakage?

    ___ Accessories: Do gauges and warning devices work? Do the air conditioner, heater, and defroster work?

    ___ Brake system: Do the warning lights work? Is the brake pedal firm under pressure? Does the vehicle stop in a straight line? Check the hoses, drum and lining for soundness. Are structural and mechanical parts solid?

      ___ Steering system: Is there too much free play in the steering? Are the front wheels aligned properly? Check the power unit belts for cracks or slippage and the unit fluid levels.

    ___ Suspension system: Are the ball joint seals intact? Are the structural parts solid and straight? Are springs and shocks properly connected? Check shock absorbers for leakage and loose mountings.

    ___ Tires: Check the tread for depth of wear, the tire sizes for matching, and for any other obvious damage.

    ___ Wheels: Look for any visible cracks, damage, or repairs. Check for loose or missing mounting bolts.

    ___ Exhaust system: Check for leakage and exhaust smoke when the engine is running.

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    Last Modified 9/19/2013