Driving with an expired car permit

Discussion in 'Living in Cancun' started by Alma Libre, Apr 2, 2007.

  1. Alma Libre

    Alma Libre Regular Registered Member

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    I usually renew my foreign vehicle permit when I renew my FM3, that way they expire at the same time.

    As my FM3 renewal process drags on (I was there on Friday and told I needed to provide more paper, but they weren't sure what papers I needed...come back Monday to find out) my car permit expired a month ago. Am I allowed to drive it while my FM3 is being processed?

    Not sure of the rules and this is the main reason I am concerned about being pulled over.

    Gracias
     
  2. cunspin

    cunspin Guest

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    I was always told that as long as my Imigration status was legal then so was my caror right to have my car. I never had any problems at all with Transito in the entire time I had foriegn plates other than speeding tickets :oops:
     
  3. mixz1

    mixz1 Guest

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    I'd have to agree with Cunspin. The law was changed more than a year ago. Basically your import permit renews automatically with your FM3. You should have in your car a copy of your FM3, a copy of your passport's picture page, a copy of your vehicle's title and the insurance papers. And remember, even if it's expired, leave the original hologram sticker on your windshield. It would also be a good idea to have a copy of ARTICULO 106 LEY ADUANERA EN VIGOR in Spanish and English. You can find this below or on the web at http://www.clickoncuernavaca.com/Article 106.htm

    Notice that the regulation specifically states "driven within the national territory", which to me means all of Mexico and which makes me wonder about all the warnings concerning the airport and the "free state" and Erica collecting her 238 pesos down in Puerto Juarez. It's all very confusing, but in the one traffic stop I endured my importation sticker was long expired, my New York license plates were long expired, but I had my FM3 copy and insurance papers and I got my ticket without any inquiries.

    Article 106
    Last update 2 Aug 2005


    The following are excerpts from an official Mexican government website in both Spanish and the government's translation into English of the year 2000 version of the law regarding the registration and driving of foreign cars in Mexico.

    This is followed by the year 2004 version of the law without an English translation. The principal difference between the two editions of the law is the 2004 version offers more classes of people who may drive your car without your presence (other holders of an FMT or FM3).

    It is a good idea to copy the 2004 version and keep it in your car in case you encounter a cop who does not know the law (not uncommon).

    Article 106 says two things: (1) that your car registration is valid so long as your FM-2 or FM-3 is valid, and (2) who may drive your car.

    (Before you allow others to drive your car, by sure your insurance policy allows it.)

    In 2005 the rules were changed a bit. Your registration is valid in MEXICO so long as your FM-2 or FM-3 is valid, but if you leave Mexico after your original registration's expiration date (one year for an FM2 or FM3) you must turn in the permit and sticker at the border when you leave and buy a new permit when you return.

    Also, while you are allowed to drive in Mexico with expired license plates, if you enter Mexico with expired plates, you must use the car's title to get your car permit; you cannot use an expired registration card to get the permit.




    Que se Entiende por Regimen de Importación Temporal

    ARTICULO 106 LEY ADUANERA EN VIGOR (2000)
    ARTICULO 106. Se entiende por regimen de importación temporal, la entrada al país de mercancias para permanecer en el por tiempo limitado y con una finalidad especifica, siempre que retornen al extranjero en el mismo estado, por los siguientes plazos.

    FRACCION IV. Por el plazo que dure su calidad migratoria, incluyendo sus prorrogas, en los casos.

    a) Las de vehiculos que sean propiedad de turistas, visitantes, visitantes locales y distinguidos, estudiantes e inmigrantes rentistas, siempre que los mismos sean de su propiedad a excepcion de turistas y visitantes locales. Cuando no sean de su propiedad deberan cumplirse los requisitos que establezca el Reglamento. Los vehiculos podran ser conducidos en territorio nacional por un extranjero que tenga algunas de las calidades migratorias a que se refiere este inciso, por el conyuge, los ascendientes o descendientes del importador, aun cuando estos ultimo no sean extranjeros, o por un nacional, siempre que en este ultimo caso, viaje a bordo del mismo cualquiera de las personas autorizadas para conducir el vehiculo.

    Los vehiculos a que se refiere este inciso, deberan cumplir con los requistos que senale el reglamento.



    Temporary Vehicle Importation Regulations

    ARTICLE 106 CUSTOMS LAW (2000)

    ARTICLE 106. Temporary importation is understood as the entry of merchandises into the country, which will remain in it for a limited period of time and for a specific purpose, so long as they are returned abroad in the same condition. The former applies for the following terms:

    PART IV. For the term of his or her migratory status, including extensions, in the following cases:

    a) Vehicles owned by tourists, visitors, local visitors and distinguished visitors, students, and immigrants who are tenants, whenever said vehicles are their own, excepting tourists and local visitors. When the vehicles are not their own, requirements established within the regulations must be met. Such vehicles may be driven within the national territory by a foreigner --the importer—holding one of the migratory status referred to in this paragraph, by his or her spouse, parents or descendants, even when the latter are not foreigners: and by a Mexican as long as one of the persons authorized to drive the vehicle travels with him or her in the car.

    Vehicles referred to in this section must meet the requirements pointed out in the regulations.



    Que se Entiende por Regimen de Importación Temporal
    ARTICULO 106 LEY ADUANERA EN VIGOR (2004)
    ARTICULO 106. Se entiende por regimen de importacion temporal, la entrada al pais de mercancias para permanecer en el por tiempo limitado y con una finalidad especifica, siempre que retornen al extranjero en el mismo estado, por los siguientes plazos.

    FRACCION IV. Por el plazo que dure su calidad migratoria, incluyendo sus prorrogas, en los casos.

    a) Las de vehículos propiedad de extranjeros que se internen al país con calidad de inmigrantes rentistas o de no inmigrantes, excepto tratándose de refugiados y asilados políticos, siempre que se trate de un solo vehículo.

    Los vehículos que importen turistas y visitantes locales, incluso que no sean de su propiedad y se trate de un solo vehículo.

    Los vehículos podrán ser conducidos en territorio nacional por el importador, su cónyuge, sus ascendientes, descendientes o hermanos, aun cuando éstos no sean extranjeros, por un extranjero que tenga alguna de las calidades migratorias a que se refiere este inciso, o por un nacional, siempre que en este último caso, viaje a bordo del mismo cualquiera de las personas autorizadas para conducir el vehículo y podrán efectuar entradas y salidas múltiples.

    Los vehículos a que se refiere este inciso, deberán cumplir con los requisitos que señale el Reglamento.



    You should note that the law ends with the admonition "Vehicles referred to in this section must meet the requirements pointed out in the regulations." These requirements include, of course, having the vehicle properly registered with a hologram sticker on the windshield and a copy (not the original) of the registration paper in the vehicle. A copy of your current FM3 and passport should always be with you.












    Article 106 of the Customs Law, Temporary Vehicle Importation Regulations From Secretaria de Hacienda Y Credito Publico:

    Temporary importation is understood as the entry of merchandises into the country, which will remain in it for a limited period of time and for a specific purpose, so long as they are returned abroad in the same condition. The former applies for the following terms:

    PART IV. For the term of his or her migratory status, including extensions, in the following cases:

    a) Vehicles owned by tourists, visitors, local visitors and distinguished visitors, students, and immigrants who are tenants, whenever said vehicles are their own, excepting tourists and local visitors. When the vehicles are not their own, requirements established within the regulations must be met. Such vehicles may be driven within the national territory by a foreigner --the importer-holding one of the migratory status referred to in this paragraph, by his or her spouse, parents or descendants, even when the latter are not foreigners: and by a Mexican as long as one of the persons authorized to drive the vehicle travels with him or her in the car. Vehicles referred to in this section must meet the requirements pointed out in the regulations.
     
  4. cunspin

    cunspin Guest

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    Great Information, although I was under the impression that to leave the "free-zone" you had to leave a Fianza which I understood to be a credit Card Voucher for a certain amount of $ The Free Zone being Quintana Roo.
     
  5. mixz1

    mixz1 Guest

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    That's what I meant by confusing. Isn't the Fianza the fee you paid by credit card at the border when you got the hologram to put on the windshield? As I said in my original reply, the section of the law appears to apply to the entire country and nowhere does it meantion additional fees, fianza or depositos. We need a lawyer!
     
  6. Alma Libre

    Alma Libre Regular Registered Member

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    Gracias

    Thanks for the replies. I will print off this info and carry it with me.

    I'll be glad when this is all over. I found out Monday that one of the pieces of paper immigration wants is one that they have to make...so in other words they sent wrote me a letter saying that I need to include a piece of paper they have not given me yet. Sigh.
     
  7. T.J.

    T.J. I can choose my own title Registered Member

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    Rob,

    I agree with cunspin. Hey, mix, what's the short answer? LOL

    I would strongly suggest that you not take your car out of the free zone. Outside of Q.R. it is not uncommon to encounter routine traffic stops, especially at or near the border with other states.

    It is my understanding that your temporary import permit's expiration date, is extended automatically if you have an FM-3 application pending. The problem (as we spoke about) is that your FM-T could expire while your FM-3 is pending, so you cannot just hop down to Belize to get a new FM-T so that you can then renew your car permit.

    If I had a hard question I would drive to Banjercito in Pto Juarez and talk with Erika. She is the person who has helped me permit two cars and renew permits. If she does not know the answer she can get it for you. She even helped me when Wilma totalled my car and I was getting the runaround from D.F. about cancelling my permit so that I could get another one for a different car. Talk about red tape. I could write a book (just kidding mix) on that episode.

    Good luck. See you tomorrow maybe at the art benefit for los bomberos.
     
  8. Life_N_Cancun

    Life_N_Cancun Guest

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    Does anyone have the law stating the; A. Q.Roo is a "free state" and B. Cars can be here without the hologram sticker. ?

    A friend of mine was harassed for two hours the other day by cops who kept insisting that his truck was illegal and that they (not ADUANA) were going to confiscate it. He finally got a comondante out there, but of'course he sided with the transito and even showed my friend the page in their little law book that said. "Vehicles must have PERMISSION to drive in Cancun". (What the %(#@ is THAT supposed to mean????) Long story short, my friend out played them until they realized they were getting no money and were better off elsewhere. I'm going to print the LEY ADUANERA EN VIGOR for him as well as the Cancun transit code http://cancun.gob.mx/leyesyreglamentos/reglamentotransitomunicipal.php.
    But I'd really like the specific part about "free States" and vehicles, and if someone knows a transito I'd like an explanation of the "permission" thing. As I imagine if there is such a thing it affects any of us that don't have "permission"!!!
     
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