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Author: Subject: Residente Permanente and Driving a US registered/plated vehicle
capitolkat
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[*] posted on 7-15-2013 at 10:36 AM


Mitch--I think that the rules are in flux- the ones for Baja are never going to align with those from the mainland as they start from different points- you had to have a TIP on the mainland, not in Baja. Like the folks you talked to at IMS- the general feeling is no need to replate your car for a RP. Recently one of the popular locals who helps with visas was quoted on a la Paz site that there is no requirement for a change to Mexican plates with the RP. Another poster contacted his insurance agent _ Lewis and Lewis- and they confirmed no need to change plates just because of the RP.

I'll probably get my RP in the next few weeks ( application has been in for a couple of weeks) and I think that with all the information on the subject- I do not plan to worry until something definitive is issued. Baja has always been a free zone- and nothing has changed that. That is the primary regulation that is in play and no one I've seen in any position of authority in Baja has said different.

The IMS officials you talked to said the same, the local who handles many/ many visa applications said the same. Lewis and Lewis who insure countless vehicles said no need to replate. You know if you confront Mexican officials they can waffle- but I take their first answer as the one they believe. I've not seen a single RP holder who has had a problem in Baja.

That's my position and I'm sticking to it just like filing the foreign trust docs. You never needed to file them if all you had was a residence held by fidecomiso. The IRS recently confirmed that position. sometimes we beat ourselves to death trying to jump through hoops that aren't even there. Despite the clarification by the IRS some folks still file the foreign trust docs- go figure why??-- Looking for problems that aren't there-?maybe.




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karenintx
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[*] posted on 7-15-2013 at 10:53 AM


Quote:
Originally posted by Pescador

In my research, I come pretty much to the same conclusion that Lewis and Lewis has shared, that if you get citizenship, the issue is clear, but not so much with the New Residente Permanente.


Not trying to muddy the waters but when talking about this with the hubby his remark was..."so how do you explain all the Mexican citizens you see driving (in CSL, SJD,T/S area) a vehicle with California license plates? Do you think their cars are illegal and if they were, don't you think the Feds/Police would jump on that bandwagon?"

About three months ago we were at Cabo Mail Box, talking with the owner about USA/ Mexican plated vehicles. He is married to a Mexican citizen and she works in the office. She explained to us that she is stopped all the time when she is driving her USA plated vehicle and is required to prove the car is titled/registered in her name and that she has a USA DL. She explained "of course they are looking for a mordida" which she does not pay, but in the end she drives away with her vehicle, USA DL, title/registration and the only thing she has lost is her time.

OK, now I will muddy the waters. Here is our situation.
1. South Dakota Plates
2. Just received our R/P
3. Have Texas DL
4. Currently have an expired "TIP" sticker on our windshield.

So what are we to do? If we take the sticker off the windshield would the Feds/Police know about the sticker...is it in their computers? Chances of this vehicle going back to the USA are slim to none but if it did we would drive it up The Baja, not over to the mainland via the ferry.

Edited to add;
When we inquired @ CSL INM about a R/P having to get Mexican plates the agent said "INM has nothing to do with cars, INM only wants to know that you are in this country legally so you would need to ask the Police this question."

I guess when you think about the agents statement, that is true. I don't think the USA Immigration concerns itself with license plates but then I could be wrong.

[Edited on 7-15-2013 by karenintx]
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redmesa
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[*] posted on 7-15-2013 at 11:03 AM


My 2 cents... They check sometimes here in Bahia Asuncion for titles but only want to see that you have title and a drivers license. If it matches then everything seems okay. They even did this at the border coming down this last time. I think they are mainly looking for stolen vehicles etc. They never have asked for any other papers. I know that some Mexican friends really avoid the stops. They are driving iffy registered cars and probably no insurance or DL. I have even seen a preteen boy driving a huge semi with trailer around town. I just wait until someone tells me to do something and then if I am late I beg stupidity defense. Now, if you are on the water that is another story.
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Alan
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[*] posted on 7-15-2013 at 11:25 AM


Mike, I know that they CAN ask for your visa or immigration status at any time but in actual practice the only times I have ever been asked to show my visa (for me an FMM) was once at the Guererro Negro Ag Check Station and of course at the airport when boarding a return flight. You have current CA plated vehicles and a current CA Driver's license. I would think the odds are exremely miniscule that it will ever become an issue for you.



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Santiago
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[*] posted on 7-15-2013 at 04:53 PM


Quote:
Originally posted by MitchMan
Santiago,
How is it that the title has both their names on it but that the corporation owns it? Are you saying that all three own the sedan in some kind of co-tenancy ownership?


Sorry: the sedan is owned by the individuals; the truck is owned by the corp.

I suggest a test on the insurance. Go put your truck in storage and then turn it in as stolen and see what happens.
OK, prolly not a good idea but it would get the ball rolling.:coolup:
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[*] posted on 7-16-2013 at 08:32 AM


Thank you for all the responses. Nomads are great...and very savvy.

I must admit that your responses have made me breath a bit easier on this matter. It looks like the bottom line is as most of you have insinuated and that is "don't sweat it at this time". Like I said before, I do believe that there is strength in numbers and most all of you are in accord with each other.

Very helpful, I am very grateful for the input. I am in communication with a Mexican attorney who is officially looking into the situation in La Paz. I will keep you posted on anything new that learn.
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[*] posted on 7-16-2013 at 01:06 PM


I had a problem years ago getting into Sonora with a vehicle that was registered with two names. So instead of vacationing in Sonora, I came to Baja because it was a free zone with regard to vehicles. After driving the length of the peninsula, I figured I would try to get on the ferry at La Paz and sure enough, they accepted the paperwork and title that was rejected in Sonora. The mainland has always had an issue with what is allowed in terms of cars and they have checked the residency status of people and sometimes will not allow a vehicle plated in the US with a permanent resident or the old inmagrado.
I do not believe that is happening in the Baja either north or south and I suspect that no one, at this time, is into enforcing anything else.
So yes, I drive a SD plated car, Boat trailer, Truck, and cargo trailer, with a Colorado Drivers License and travel all over the peninsula with any or all of those vehicles. Until such time as I begin to hear otherwise, I will continue to do so. I have asked the question of official people in Immigration, Aduana, court, police, and Federal Police and never have I heard anything different.




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DavidE
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[*] posted on 7-16-2013 at 01:28 PM


Very different here than on the mainland as far as APPLICATION of the law.

I don't ask a fireman whether it's legal to carry a loaded firearm, nor do I ask a cop how to douse a kitchen grease fire.

Technically it is ILLEGAL for a residente permanente to drive anything other than a Mexican nacional or frontera motor vehicle. The law says your permission to drive is based upon your immigration status. Driver license and license plates have to agree with your immigration status. That is how it is keyed.

I spent three hours in the shade of a parota tree on the side of Mex 200 with a commandante de SSP reading his big black book with him. joaquin baez is his name and he is the jefe of the Petlatlán Guerrero office of the SSP. The law is crystal clearly written. His men at the puesto de control challenged my right to drive a motor vehicle with a valid FM-3, driver license, and expired 180-day Temporary Import Permit. Señor Baez came to my rescue.

Written as law is that any sanctioned police officer anywhere at any time can demand to see your picture ID, your immigration legality, your motor vehicle paperwork and permit if applicable.

HOW IT IS APPLIED is what causes the confusion.

I've said this dozens of times on this forum ASK THE PROFESSIONALS. In this case the PFP. Federal Police do not mind at all if you ask them a question. As a matter of fact they seem to beam with pleasure. But it would be best to go directly to the PFP office in your area and ask a supervisor.

Traffic cops cannot find their ASK with both hands, so if you want a 6th grade level of education answer ask a transito. To verify what I wrote above as being fact ask a FEDERAL PFP officer.




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[*] posted on 7-16-2013 at 03:49 PM


Quote:
Originally posted by DavidE
The law is crystal clearly written.



Is it only for LE eyes? Why can't we see it?
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DavidE
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[*] posted on 7-16-2013 at 04:14 PM


Written crystal clear

Applied, like glops of mud, straw and manure.

I've run into too many strait-laced PFP to make me comfortable with the idea but Baja California is a different universe from Mexico. Most of the PFP I see these days prowl between Guerrero Negro and Vizcaino altho I did see a patrulla in Asuncion a few months ago.

The OP asked a specific question and I attempted to give the best answer I could. Nothing urinates a cop off more than to be told in bad Spanish that a law that he is legally enforcing does not exist (cabrón). It is always nice to know the reality behind the situation as one deals with the here and now.

[Edited on 7-16-2013 by DavidE]




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DENNIS
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[*] posted on 7-16-2013 at 04:23 PM


What kind of society keeps the written law from the citizenry?
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[*] posted on 7-16-2013 at 05:08 PM


just ask David. he has all the answers.....oops some are made up
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[*] posted on 7-17-2013 at 10:07 AM


Well, the Federal Police (pandas) in Santa Rosalia have a completely different interpretation and because Baja California did not require a TIP they concur that your immigration status does not affect the legality of your automobile. I have heard from very creditible sources that there is a problem in the other states of Mexico but the Federales told me no problem in Baja California Sur as long as the registration is current and correct. So until I hear from some creditible source that we have a problem, I am not changing anything, especially based on some thing that happened somewhere to someones uncle who probably had a garage full of AMWAY products, a South Dakota license plate, and a California Drivers License.



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DavidE
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[*] posted on 7-17-2013 at 12:29 PM


RIGHT ON PESCADOR!

Asking the PFP their interpretation is IMHO the way to go. Why? Because it is they who can be the most strict about registration, and licenses.

RTS 551, I have answers because I ask questions of officials who know Mexican law and how it is applied. Another lesson I learned is that it is far easier (a snap in fact) to offer vague criticism than it is to help with facts. So I prefer facts.




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LaRibereña
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[*] posted on 10-14-2014 at 09:30 AM
New Import Regulations for RP Holders


http://www.bajainsider.com/baja-business/importingregisterin...
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bajaguy
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Mood: must be 5 O'clock somewhere in Baja

[*] posted on 10-14-2014 at 09:35 AM


Looks like a cleverly designed ad to drum up business for ACV..........

Quote:
Originally posted by LaRibereña
http://www.bajainsider.com/baja-business/importingregisterin...




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