Most months we try to cover current trends and rumors in the foreign community. These past few weeks has generated the worst of these rumors. It all started when the authorities in Puerto Vallarta seized some foreign plated vehicles. From this seizure of 28 vehicles (4 from Customs, and 24 from Administracion Local de Auditoria Fiscal Federal), rumors started to spread about the 200 vehicles seized because foreigners with FM3's are no longer allowed to drive foreign plated vehicles.
Tuesday, May 11th, 2004, we personally met with the Administrative Lawyer for Customs Guadalajara to clarify these issues. Unfortunately we cannot mention his name without written permission to do so. This request will be submitted with customs on May 14, 2004, as well as the questions we are answering in this article. Written confirmation from Customs with the answers will be returned to us in 60-90 days, which we will supply to anyone coming to our offices once we receive it.
At this meeting we were not told why the 4 vehicles were seized by Customs, but the other 24 were because the drivers did not have I.D. or were not authorized to drive the vehicle. These 24 vehicles have since been returned.
At this same meeting we asked the following questions; does an individual that entered Mexico on an FMT (tourist visa) and then applied and received an FM3 have to go to the border to re-register the vehicle under the FM3? No. As long as your migratory status (other than an FMT) is current the vehicle remains legal even if the permit is expired. When an individual finishes one 5 year FM3, then receives a new book renewal, does this person need to return to the border to renew the permit? No, the same rules apply; just keep your migratory status current. These same rules apply to FM2 holders as well. This is all stated in Article 106 of the Customs Law. Can an individual that has been granted Inmigrado status in Mexico drive a foreign plated vehicle? No, they must take their foreign plated vehicle out of Mexico.
With these rumors came fear from the foreign community about road blocks being set up to impound and seize vehicles. The only authority allowed to do this is Aduana (Customs), and Administracion Local de Auditoria Fiscal Federal. No other authority other than these can do this, which means the Traffic Police, City Police, the Federal police, or the Military. The only way they can do anything with foreign plated vehicles is with permission from Aduana or Administracion Local de Auditoria Fiscal Federal. And this authorization would only be given to go after an individual.
With this said, know your rights, these other authorities cannot even ask for these importation papers as it is not within their responsibility. If you are threatened by these other authorities about the status of your vehicle, or even your migratory status, record as much information about this authority as possible. Name, badge number, date, officer's vehicle type, officer's vehicle license and unit number, etc. Aduana was very clear on this and wants everyone possible to report such issues to the proper authorities. Most of these authorities will back off once they know they you know your rights and start recording this information about them.
Another major concern with the foreign community is what papers are necessary to carry in the vehicle. Aduana said to carry only copies of all pertinent papers concerning your migratory status and the vehicle. For example, have a copy of your passport, your migratory status with the current renewal date, the car importation permit, your title, registration, and insurance papers. Never leave originals in the car in case the car is stolen. You will need those originals if the vehicle is ever stolen.
Adriana Perez Flores