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nlnic

Mar 19, 2005, 2:06 PM

Post #1 of 16 (1637 views)

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Importation of vehicle question

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Hi all, I'd love some help. We have driven SoB many times, but we are going to go back in late April (down 15 from Aqua Prieta to Maz & PV) and possibly drive...here's the thing. We have a Mexican family living in our apartment on our property here in CO. Wonderful little couple with 2 babies. They have asked us if we could drive their minivan down to PV because his mother in Colima wants to buy it. He will pay duty, insurance, tolls, gas, etc. But my big question is, can we do that & how can I find out what the duty may be on it??? We are at the point trying to decide for sure if it will be worth it but I need some numbers and legalities before I can answer him and before we commit. Otherwise, we will just make plane reservations round trip instead of one way and just fly down.
Any help will be greatly appreciated.
Thanks,
Nancy
Con mi corazon en Mexico!



Rolly


Mar 19, 2005, 3:29 PM

Post #2 of 16 (1627 views)

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Re: [nlnic] Importation of vehicle question

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The short answer is don't do it.

With the proper papperwork, you can drive his vehicle into Mexico, but it will be registered in your name on the Mexican permit. That means you are responsible for removing it from Mexico. If the vehicle has CO plates, it cannot be sold legally in Mexico. It is not a matter of paying the duty, it just can't be done.

Rolly Pirate


nlnic

Mar 19, 2005, 3:37 PM

Post #3 of 16 (1623 views)

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Re: [Rolly] Importation of vehicle question

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Thanks Rolly, But now I'm confused. In searching prior posts, it seems that several folks have imported a car permanently. It is over 10 yrs. old, and he seems willing to pay whatever duty is required (in lieu of me posting one at the border). His mom wants the van and he wants to get rid of it since he just bought a truck. I really thought it was possible to "sell" it to her and her get it plated, provided duty was paid. My main concern is having problems later when we drive down in our own vehicle again.
Nancy
Con mi corazon en Mexico!


Rolly


Mar 19, 2005, 3:59 PM

Post #4 of 16 (1618 views)

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Re: [nlnic] Importation of vehicle question

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"My main concern is having problems later when we drive down in our own vehicle again."

You're right to be concerned about that!

Selling certain 10-year old vehicles is allowed from time to time, but not all the time -- only during certain windows. And not all vehicles are eligible.

Have him go with you as far as the border where he can register the van in his name. Then you can drive it to his family, and let them deal with it. That way your name is clean.

Rolly Pirate


(This post was edited by Rolly on Mar 19, 2005, 4:01 PM)


MG Rabon


Mar 19, 2005, 4:00 PM

Post #5 of 16 (1616 views)

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Re: [nlnic] Importation of vehicle question

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From what I understand it can't be done, but I would love to hear that it can.

Compórtate bien, y si no puedes, invítame!
MG Rabon


nlnic

Mar 19, 2005, 4:17 PM

Post #6 of 16 (1613 views)

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Re: [MG Rabon] Importation of vehicle question

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Thanks so much to you both,
I get it now (I think), since he's a Mexican Nat'l he could take the car back? But not us. Also, regardless of paying the duty, it just can't be done. The vehicle isn't being sold, but given to his mom, but that doesn't matter. I just have to explain all of this (in Spanish) since he doesn't quite understand all of the legalities (and illegalities) involved.
BTW, this will also save me from my hubby's discontent, since he really didn't want to drive down this trip!
Thanks again,
Nancy
Con mi corazon en Mexico!


Ed and Fran

Mar 20, 2005, 10:21 AM

Post #7 of 16 (1572 views)

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Re: [Rolly] Importation of vehicle question

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Rolly:
Have him go with you as far as the border where he can register the van in his name. Then you can drive it to his family, and let them deal with it.


Even if the owner went as far as the border and registered the car in his name, wouldn't it be a potential problem for the original poster to drive a foreign plated car into Mexico without the owner being in it? Maybe it's changed, but I thought only the owner or immediate family was allowed to drive a temporarily imported foreign car?


Regards

E&F


Rolly


Mar 20, 2005, 11:01 AM

Post #8 of 16 (1567 views)

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Re: [Ed and Fran] Importation of vehicle question

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No, anyone with a driver's license and an FMT, FM2 or FM3 can drive the car with the owners permission. The law (Article 106) was changed several years ago to include FM* drivers. Read the law here: http://rollybrook.com/article_106.htm

Rolly Pirate


Papirex


Mar 20, 2005, 11:09 AM

Post #9 of 16 (1565 views)

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Re: [Ed and Fran] Importation of vehicle question

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The law states that the only persons that may drive a temporarily imported car are the antecedents (parents, etc.) descendants, siblings, and a person with the same immigration status as the importer. Anyone may drive the car if the person named on the import permit is present. So a driver doesn’t necessarily have to be related to the person named on the temporary import permit.

In this case, however, since the owner of the car is a Mexican citizen, and the only persons allowed to get a temporary import permit for a vehicle are foriegners with a FMT, FM3, or FM2 visa, the Mexican owner could not get one. Since the proposed drivers are American citizens, it would be illegal for them to drive the car without the owner’s presence if a permit was obtained anyway. The car is subject to forfeiture if these requirements for a legal driver are not followed.

Someone may have later information than this.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo

(This post was edited by RexC on Mar 20, 2005, 11:20 AM)


Rolly


Mar 20, 2005, 11:30 AM

Post #10 of 16 (1554 views)

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Re: [Rolly] Importation of vehicle question

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Also, the quesion of who can drive was discussed at length in this thread:
http://www.mexconnected.com/...cgi?post=60974#60974

Rolly Pirate


MG Rabon


Mar 20, 2005, 12:21 PM

Post #11 of 16 (1547 views)

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Re: [RexC] Importation of vehicle question

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I may have read this wrong myself. I thought that the immediate family relatives had to share the same immigration status as the importer of the car to be allowed to drive it in the absence of the importer?

Is it AND or AND/OR?

Compórtate bien, y si no puedes, invítame!
MG Rabon


Rolly


Mar 20, 2005, 1:09 PM

Post #12 of 16 (1533 views)

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Re: [MG Rabon] Importation of vehicle question

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I thought that the immediate family relatives had to share the same immigration status as the importer of the car to be allowed to drive it in the absence of the importer?

Wrong. Read the law. Even a Mexican national is allowed to drive if he/she is a relative.

Is it AND or AND/OR?

I don't understand the question.

Rolly Pirate


Papirex


Mar 20, 2005, 1:23 PM

Post #13 of 16 (1532 views)

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Re: [MG Rabon] Importation of vehicle question

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My reading of the law is that it is silent regarding the need for identical visa status for relatives of the importer. If the eligible relatives were foreigners, there would certainly be a need for a visa of some type. If the relatives were Mexican nationals, that would not apply of course. The need for identical immigration status applies to non relatives only, I believe.

Of course the law is open to wide interpretation when a Transito is standing by your window with his palm up.

Maybe my understanding of the law is faulty. Does anyone have any solid info to clarify it further? Not opinions.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo


bdlngton

Mar 20, 2005, 3:40 PM

Post #14 of 16 (1518 views)

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Re: [Rolly] Importation of vehicle question

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I am the friend Joyce, who posted the original question in the previous thread Rolly referenced and gave the link to, who Joyce plans to lend her car to during July. I know that Joyce has insured her car through Carmen at AIG Insurance in Ajijic. As Joyce is on her way driving back from Dallas to Ajijic right now, I will tell you what I understand from Joyce. Carmen has asked her for my personal information and Joyce plans to give me a letter to carry in which she gives her permission for me to drive the car. Assuming that Carmen, an insurance agent, knows the law, it appears that I can legally drive Joyce's car while I am in Mexico, even though I will be on an FMT and Joyce is on an FM3.
Susy


Marlene


Mar 20, 2005, 6:51 PM

Post #15 of 16 (1506 views)

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Re: [RexC] Importation of vehicle question

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Quote
Of course the law is open to wide interpretation when a Transito is standing by your window with his palm up.


Foreigners with legal immigration status can be granted permission to drive my car as well as my Mexican husband, or a Mexican parent or child I may have. You asked for proof, not opinion, so I will tell you that my husband and myself have previously met with local Aduana officials, received the copy of the article which refers to this circumstance, had it highlighted, and have tucked it safely in the glove box of the car along with copy of our marriage certificate and my current immigration status. I can further tell you that the insurance agent added my husbands DL information to my policy as a legal driver.


I want to add though, that this is not an issue concerning the Transitos. (They can keep their palms up as long as they wish). My foreign car registration details and who is driving it is solely an Aduana issue, and in my neck of the woods Aduana does do spot checks from time to time in their own marked vehicles. (Mainly looking for vehicles imported illegally via the Baja where there seems to be a little loophole).


Papirex


Mar 20, 2005, 7:36 PM

Post #16 of 16 (1495 views)

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Re: [Marlene] Importation of vehicle question

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Marlene, You and your husband have done exactly what my Mexican wife and I have done, as far as the papers we carry in the car. I am the importer, but basically it is my wife’s van, she drives it 99% of the time. I drive our old Oldsmobile, we nationalized it four years ago, so it has Mexican plates on it. When I listed my wife as a driver with our insurance company for the van, along with her brother, our insurance agent told me that anyone with permission to drive the car would be covered as long as it was legal for them to drive it in Mexico. I think a person should check with their insurance company before acting on the assumption that any insurance company covers any driver not listed on the policy though.

I know the transitos don’t have jurisdiction concerning temporary import permits. They are usually the ones trying to shake people down for mordidas when they don't know any better though.

Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo

(This post was edited by RexC on Mar 20, 2005, 7:39 PM)
 
 
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