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yodave

Jul 24, 2009, 1:42 PM

Post #1 of 19 (1391 views)

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Can I drive this car legally in Mexico?

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I've read many posts re: legality of foreign-plated cars in MX but am still not clear on just what is and is not legal. I have a particular situation I'd love to get advice on. A California-plated car was given to me here in MX a couple of years ago.The owner drove it across the border in '96, he had an FM3 and the car never crossed the border again. So I believe he was still legal after the permit expired due to his FM3 always being up to date.

He thought I could "nationalize" it since it was over 10 years in MX(turns out to be a gringo myth), but it cannot be nationalized(VIN # doesn't fall into the correct category).

I got the car insured here by Lloyd's(which amazed me)and have driven it only locally once in awhile here in San Miguel de Allende-not crossing any state lines, though it was not registered in my name. This I believe was illegal but at least I was insured.

Then I heard about this South Dakota deal of getting title transferred, registration,plates etc by mail. I've done that and now have a current SD registration,plates, and title in my name. My FM3 is also current and has been for 4 years.

This is the confusing part. How do I stand re: the expired border permit on the car? All of these transactions technically took place by MAIL in the US(there was a bill of sale drawn up when he "gave" me the car which I needed to get the title transferred in SD). So, can it be argued that the car was sold to me in the US? But if that's the argument then wouldn't I have had to bring my newly bought car across the border after the "transaction"?

Or, if I have a packet in my car with all my insurance info, copy of my title, registration, and copy of my up to date FM3 but an expired border sticker on the window(one can barely read it it's so old)what can I expect a cop or customs official to do or ask if I am stopped? Will all of the documents trump not having an up to date border permit? Or do I somehow need to get one? Perhaps at an interior customs office?

Or, will they say the car was sold illegally here in Mexico(I don't know how they could know that though)and possibly confiscate it?

I think this is an unusual situation and merited a post and I will really appreciate any advice that anyone can give me. In the meantime, I'll ask a few Mexican lawyers for their opinion and also try to ask the question anonymously(if I can in Spanish-it's complicated)at the DMV.

Muchisimo gracias!!!

Papirex

Jul 24, 2009, 4:02 PM

Post #2 of 19 (1361 views)

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Re: [yodave] Can I drive this car legally in Mexico?

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The car is definitely illegal for you. It was legal for the original importer as long as his FM3 visa was valid, but a temporary import permit is just that, temporary, and it is not transferable. The original importer signed documents promising to someday remove the car from México. If you are stopped by the police for anything, you need to show the original temporary import permit document, not a copy. The windshield sticker doesn't count for verifying the legality of a foreign car in México.

The temporary import permit is on a document, it is not just the windshield sticker. Something that might work for you now that the car is registered in your name is to apply for a temporary import permit online. You may only get a temporary vehicle permit at the border or online.

http://www.banjercito.com.mx/...v/sub_menu_iitv.html This part of this site is in Spanish.

You will probably need a US address to do that without mentioning that the car is already in México and have someone up there send you the temporary import permit and sticker if you can get them. With the original temporary import permit in somebody else's name the car may be subject to seizure. I don't think that is very likely to happen, but is is a possibility.

If you can't get a temporary import permit for the car online, the only other thing I can think of is to drive the car out of the country and get a new permit when re-entering in your name. As of a few years ago there was no requirement to get a temporary vehicle import permit if you were not going into México any further than the border security zone and you did not stay in México longer than two days. If you tell any Mexican officials at the border that you have just been in a border city for one day or less you should be OK provided that you are not stopped on the way to the border.

Good luck, Rex

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

sparks

Jul 24, 2009, 4:28 PM

Post #3 of 19 (1351 views)

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Re: [Papirex] Can I drive this car legally in Mexico?

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From '96 there's almost no chance the car is in the computer. If the car will make it (and you can make it), I'd drive past the 21km limit, scrape off the old sticker and get a new one

Sparks Mexico - Sparks Costalegre

(This post was edited by sparks on Jul 24, 2009, 4:29 PM)

mazbook1

Jul 24, 2009, 6:27 PM

Post #4 of 19 (1326 views)

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Re: [sparks] Can I drive this car legally in Mexico?

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Been there, done that and I agree with sparks on how to handle the situation. If a car brought into México in late '98 wasn't in the computer (my case), then it's highly unlikely that one brought in in '96 would be.

sioux4noff

Jul 25, 2009, 11:23 PM

Post #5 of 19 (1226 views)

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Re: [Papirex] Can I drive this car legally in Mexico?

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I like the idea of getting the permit on-line and having someone mail it to you. Pretty clever.

jennifer rose

Jul 27, 2009, 6:56 AM

Post #6 of 19 (1146 views)

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Re: [sparks] Can I drive this car legally in Mexico?

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Take Sparks' advice and counsel. It's the most simple, direct and secure method to accomplish your goal.

Staring at Strangers

sioux4noff

Jul 27, 2009, 10:24 PM

Post #7 of 19 (1093 views)

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Re: [jennifer rose] Can I drive this car legally in Mexico?

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Getting the permit online would be safer - no risk of highway accidents or being stopped w/o permit, would be secure if you get a trusted friend to DHL it to you, and is very simple.
So simple, am I missing something here that would make it a bad idea?

Moisheh

Jul 30, 2009, 5:00 PM

Post #8 of 19 (1015 views)

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Re: [sioux4noff] Can I drive this car legally in Mexico?

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I am not 100% positive but I think that the permit you get my mail still has to be stamped at the border. I also would not be so quick to think that the old permit is not in the system. We had one from that era and it showed up at the border!! However applying for the permit online would be an easy way to determine the status of the vehicle. If they mail the permit you are OK. Otherwise you would probably get a letter telling you that it cannot be issued. There is a method to cancel the old permit by mail. It has to be done by the original owner

Moisheh

robrt8

Jul 31, 2009, 9:36 PM

Post #9 of 19 (950 views)

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Re: [Moisheh] Can I drive this car legally in Mexico?

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Permits processed via the new online system don't have to be stamped or checked at the border.

PamelaDelafield

Oct 23, 2009, 6:52 AM

Post #10 of 19 (554 views)

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Re: [robrt8] Can I drive this car legally in Mexico?

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How long does it take to get the permit when its ordered online? My SD title appears to be lost in the mail and I need to leave next week. I want to turn the current sticker in when I cross the border but I'm concerned about getting one on the way back without a title. I have a copy of the original title I mailed to SD and I received the SD tags. SD estimates the SD title was mailed to me almost 3 weeks ago. Can I use a copy of the original Texas tile to get a new temporary import sticker at the border? Or, should I order one online and hope its delivered to a Texas address in less than a week?

Peter

Oct 23, 2009, 7:08 AM

Post #11 of 19 (549 views)

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Re: [PamelaDelafield] Can I drive this car legally in Mexico?

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In Reply To

Are you on a tourist visa? If not then why turn it in when you cross? The vehicle permit is valid as long as your visa is current, so if you intend to return in the same vehicle on a valid FM-2/3 then just keep it. If you are a tourist then just ignore my response.

PamelaDelafield

Oct 23, 2009, 7:14 AM

Post #12 of 19 (545 views)

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Re: [Peter] Can I drive this car legally in Mexico?

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I have an FM3. Don't I need to have the FM3 stamped when I leave and do they automatically remove the car's sticker or only remove it if requested? I will be driving in Texas for the most about 5 days so hopefully nothing will happen to the vehicle. I've read about a car being stolen with the sticker on it and the nightmare the owner was in. I am reentering Mexico with my 90 year old mother who has serious heart disease. Her doctors said a few months ago she has less than a year left and I'd rather avoid all stress at the border because I don't want her getting upset. She's very fragile right now,

(This post was edited by PamelaDelafield on Oct 23, 2009, 7:15 AM)

Peter

Oct 23, 2009, 7:23 AM

Post #13 of 19 (536 views)

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Re: [PamelaDelafield] Can I drive this car legally in Mexico?

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I haven't made crossings with my car except the one time I entered with it so maybe someone else has better information. It is my understanding, though, that you may retain your sticker when you leave. It only becomes a problem if it expires while you are gone. This is according to other posters I have read on this site that make numerous crossings, those who live in border regions do it all the time.

esperanza / Moderator

Oct 23, 2009, 7:40 AM

Post #14 of 19 (532 views)

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Re: [PamelaDelafield] Can I drive this car legally in Mexico?

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The sticker is only removed if you request it.

The law is that you are required to have your FM-3 stamped when you leave AND when you re-enter Mexico. Many people do ignore that law, although I am not suggesting that you do. I'm just saying...

However, if you are returning to the USA after having been in Mexico for over a year with your FM-3 and current import sticker, you are required to turn in your sticker upon exiting Mexico and get a new one upon entering Mexico again. This is not addressed in Article 106 (the law that applies to the temporary importation of vehicles), but it is the practice. If you have driven out of Mexico and back in within the year, you won't need a new import sticker.

On the other hand, it's entirely possible--even likely--that you will be asked to show your immigration and car papers at the Mexican checkpoint at Km 33 or thereabouts, once you have crossed the border.

If you have expired Texas plates on the car, the chances that you will be stopped by the Texas police is great. If you have new South Dakota plates on the car, you wouldn't be stopped unless you got a speeding ticket or committed some other infraction--or unless you were involved in an accident, even if it was not your fault.

I'd be very cautious about driving out of Mexico without a valid USA title or registration for your vehicle. You could end up being stuck somewhere in Texas until South Dakota can get a replacement title and/or registration to you. The copy of the original Texas title could be helpful, but the original of either the Texas or SD title is the one to have with you.

You have some decisions to make! Best of luck to you and your mother...

http://www.mexicocooks.typepad.com

PamelaDelafield

Oct 23, 2009, 8:38 AM

Post #15 of 19 (504 views)

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Re: [esperanza] Can I drive this car legally in Mexico?

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If I get a new import sticker online, they can't see the original title. A I not giving them information that I fill in online and how can they check the information? How long does it take to receive the online import registration/sticker?

esperanza / Moderator

Oct 23, 2009, 10:07 AM

Post #16 of 19 (488 views)

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Re: [PamelaDelafield] Can I drive this car legally in Mexico?

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I don't know how long it takes to receive it. My car has Mexican plates, so I don't have to fool with this process.

And where will you have the import sticker shipped? It will need to be somewhere in the USA, no?

http://www.mexicocooks.typepad.com

PamelaDelafield

Oct 23, 2009, 12:54 PM

Post #17 of 19 (453 views)

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