BajaNomad

need Mexico driver's license?

rhintransit - 5-25-2007 at 01:40 PM

a friend recently was stopped for a traffic offense...speeding, and yes he was...but was asked for his Mexican drivers license when he told the Federale that he lived in El Juncalito. sooooo...they ticketed his wife who was along and had her Mexico license!!!

was this a random shakedown/event or do FM3's really need a Mexican license. I always thought not. but it's easy to get one here in Loreto, just more money, etc, so do I need one?

thanks

bajalou - 5-25-2007 at 01:47 PM

I have been told that if you drive a car with Mexican license plates, you have to have a Mexican driver's license.

bajabird - 5-25-2007 at 03:51 PM

To get a license in Lto.... go to the police station, fill out the application, go to the photo shop next to pollo real (across from pemex) get the picture required, back to the police station for lamination, know your blood type and your done. Well thats how it was a couple years ago. Ive never needed mine, but Ive used it in the states for fun

backninedan - 5-25-2007 at 07:22 PM

I had to have a blood test even though I know my blood type, so it cost me an extra 120 pesos. They took my picture right at the police station. No test, no eye exam, piece of cake.

rhintransit - 5-25-2007 at 07:52 PM

I know how to get one. I want to know if I need one. my car is plated in AZ. all current. not sure whether ticketed friend's car was USA plate or Mexican but I suspect that it was USA.

longlegsinlapaz - 5-25-2007 at 08:19 PM

USA Plates = Valid USA driver's license
Mexican Plates = Mexican driver's license

Obviously, different locales have different requirements to get a Mexican DL...I took a ridiculously easy test here in La Paz that only covered signs & was multiple choice answers. And my US blood donor card as proof of my blood type.

rhintransit, I suspect your friend's mistake was admitting he lived here, and he was most likely driving a Mexican plated vehicle.

[Edited on 5-26-2007 by longlegsinlapaz]

fdt - 5-25-2007 at 09:54 PM

Any license will do, don't be fooled. US plates Mexican plates, any license is recognized and legal. You say it was a federal officer? What did the ticket say that the infraction was? Do you have to pay at the federal police?
Here is the truth;


ARTICULO 58.- Documentos para conducir.- Todo conductor de un vehículo
deberá obtener y llevar consigo la licencia de conducir, ya sea expedida en el
Estado, en cualquier entidad Federativa o en el Extranjero, con la cual podrá operar
en el Municipio el tipo de vehículo que la misma señale. Asimismo, todo
vehículo deberá contar con la tarjeta de circulación o permiso correspondiente; los
cuales deberán estar vigentes.
Para los efectos de este artículo, las licencias se clasifican en:
I.- Motociclista
II.- Automovilista
III.- Chofer
Cuando el conductor carezca de licencia de conducir, para seguridad de él
mismo y de la ciudadanía, se retendrá el vehículo, salvo que alguno de sus
acompañantes cuente con licencia de conducir vigente y este en disposición de
conducir el vehículo, en tal caso únicamente se aplicará la multa correspondiente.
Si la persona que conduce es menor de edad y no cuenta con licencia de
conducir se presentará al Juez Calificador junto con el vehículo, quien solicitará la
presencia del padre o tutor para los efectos de la sanción respectiva, o en su caso
determinará lo correspondiente.
Cuando el conductor presente licencia de conducir vencida, solamente se
aplicará la multa respectiva.
Para efectos de la devolución y previo al pago correspondiente se liberará a
favor del propietario o en su defecto del conductor. Salvo que en ese momento se
detecte que existe reporte de robo de vehículo.


Now, maybe your friend had no license?

Technically no

Dave - 5-25-2007 at 10:33 PM

Quote:
Originally posted by fdt
Any license will do, don't be fooled. US plates Mexican plates, any license is recognized and legal.


Mexican customs law, specifically article 106. If/when enforced you could lose your ride.

rhintransit - 5-26-2007 at 05:15 AM

Dave...what is Mexican customs law, article 106, please?

and my spanish is not good enough to translate fdt's quote...can someone give a loose translation/gist of it?

thank you.

Bob and Susan - 5-26-2007 at 06:52 AM

loose translation...DO NOT Quote:saint::saint:

ARTICULE 58.- Documents of conduct.-
every operator of a vehicle should obtain and to carry a driver's license,
in any State, in any federation or abroad,
with this you will be able to operate in the Municipality any type of vehicle that the license indicates.
Likewise, every vehicle should include the current registration.
For this article,
the licenses are classified:
I.- Motocycle
II.- Motorist
III.- Chauffeur

When the operator does not have a driver's license, the vehicle will be impounded, unless a passenger that has a current driver's license will drive.
In this case only the corresponding fine will apply.

If the operator is under age and does not have a driver's license, the operator will be taken to the Judge Calificador along with the vehicle, who will request the presence of the parents for punsishment, or he will deciede case by case a corresponding fine.

When the operator show’s his license, he will be only fined.

After refunds and payment the owner or the operator will be released from liability,
Unless a vehicle robbery report exists.

rhintransit - 5-26-2007 at 08:09 AM

thank you, nice translation and I will not quote. helps.

asked my neighbors for more info on the specific incident. American licensed car. driver has had a Mexican license, but he lost it. had his CA license with him at the time of the stop for speeding. (guilty as charged). told officer that, but also said at some point they had lived here 'for years.' oops. guy says, then you have to have a Mexican license and said he would impound the car. wife had her Mexican license with her, so end result was they ticketed her. for speeding.

Having the Correct License

MrBillM - 5-26-2007 at 08:25 AM

An example of the quoted law was published in the Los Angeles Times some years back.

An American businessman who also had an assembly plant in Tijuana gave the keys to his (Calif Licensed) new Chevy Suburban to his Mexican partner so that he could drive out to TJ International to pick up a shipment. Pulled over by the police, the Suburban was impounded because the driver was driving a U.S. licensed vehicle with a Mexican License.

bajalou - 5-26-2007 at 08:38 AM

Had a friend who was hired to drive a truck of decorative rocks to the border because it was licensed in US but the owner/operators of the rock business didn't have US licenses.

Two questions:

Dave - 5-26-2007 at 09:08 AM

Quote:
Originally posted by rhintransit
thank you, nice translation and I will not quote. helps.

asked my neighbors for more info on the specific incident. American licensed car. driver has had a Mexican license, but he lost it. had his CA license with him at the time of the stop for speeding. (guilty as charged). told officer that, but also said at some point they had lived here 'for years.' oops. guy says, then you have to have a Mexican license and said he would impound the car. wife had her Mexican license with her, so end result was they ticketed her. for speeding.



Was the U.S. registration current?

Did the driver have an FM3/2?

rhintransit - 5-26-2007 at 09:59 AM

yes. and yes.

rhintransit - 5-26-2007 at 10:01 AM

clarification. yes number two was FM3, if that matters.

shari - 5-26-2007 at 04:58 PM

I just got my mexican license and there is a new test, pretty easy though although the wording was kinda weird on some questions. What I didn't know is that you need a chauffeurs license if you are going to pull any kind of trailer...boat trailer included so I paid extra and got it.

fdt - 5-26-2007 at 05:59 PM

Quote:
Originally posted by Dave
Quote:
Originally posted by fdt
Any license will do, don't be fooled. US plates Mexican plates, any license is recognized and legal.


Mexican customs law, specifically article 106. If/when enforced you could lose your ride.

Some time ago I posted that I was joining the CCSP (Consejo Ciudadano de Seguridad Publica) on a new program called Proyecto Filadelfia
http://www.frontera.info/EdicionEnLinea/Notas/Otras/16022007...
in wich a group of citizens from every city in the state would be trained and become a type of watchdogs so if we saw a cop stopping someone, specialy tourists, we can stop , identify ourselves with the officer and observe and make sure that all is conducted properly. For this we are going throu training in the trafic laws, constitution and others. In this case Dave, you are correct it is a customs law and a police officer has no right to stop you or even question you about imigration status or why you are driving a mexican car with an american or french or chinese drivers lisence.
This same thing happened to me like 2 weeks ago, I was driving in a car with US expired plates in Tijuana, and yes, I was targeted by a motorcycle cop, he followed me and stoped me, I stoped, he was very courteous and asked t see my license, registration and then I asked him why he stoped me, in the same polite manner he said that he stoped me because of expired plates, my answer, very politely was that he should not have wasted his time because it was none of his concerne as a city police officer, that it was a customs matter. Of course as I was beeing polite to him, I did mention that I was a "Ciudadano Vigilante" for CCSP. He politely told me to have a nice day.

Now what we are beeing taught is, as was asked hereby rhintransit, the law is applied equaly to mexicans and americans in this case; Artículo 1 of the constitution

In spanishEn los Estados Unidos Mexicanos "todo individuo" gozará de las garantías que otorga esta Constitución, las cuales no podrán restringirse ni suspenderse, sino en los casos y con las condiciones que ella misma establece.

This along with city article 58, allows anyone to drive any car.
As for loosing your ride,

TextIn spanishArtículo 14. A ninguna ley se dará efecto retroactivo en perjuicio de persona alguna.
"Nadie podrá ser privado de la libertad o de sus propiedades", posesiones o derechos, sino mediante juicio seguido ante los tribunales previamente establecidos, en el que se cumplan las formalidades esenciales del procedimiento y conforme a las Leyes expedidas con anterioridad al hecho.

And as for 106 de la ley aduanera, would say;

In spanishlV. Por el plazo que dure su calidad migratoria, incluyendo sus prórrogas, en los siguientes
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.

So this 106 article would realy have no relevance in Baja California as you do not need to import your vehicle here.

rhintransit - 5-26-2007 at 06:15 PM

thanks so much for the post from fdt and it's obviously a wealth of information...my spanish is passable but not up to translating article 106. so...what I am getting from the above is just the english part, which sounds like expired plates are not a police concern. speeding would doubtlessly qualify for a stop. and the driver admits he was speeding. so...after the stop, bottom line. do you have to have a Mexican drivers license for your USA plated car if you hold an FM3? and since expired plates are a customs matter, what about expired registration? in AZ registration renews every year, so if the plate is expired, so is the registration. thus far I have jumped through hoops to keep the car registered every year, even though it never leaves Baja. do I need to continue? do I need to plate it in Mexico? NOT that I want to do that.

I know, I know that's about three questions and heck I could have posted each separately and gotten more points towards upping my status here on the board...darn. dumb relative newbies!

fdt - 5-26-2007 at 06:49 PM

Legaly, your car can not stay here that long, you have to leave the country and come back, same goes for regular FMT's. If you have an FM3 or whatever and have your car here so long, consider importing it permanently or nationalizing it. Ask comitan, he nationalized his van. And go ahead if you'd like, get a mexican license, does'nt hurt your US license. Just don't be afraid of no cop!
You did'nt say if he had to go pay the fine at the federal police office.

bajalou - 5-26-2007 at 08:44 PM

fdt Please correct mi if this is incorrect, but I was told that you can do a Temp Importation on your car, even in Baja, and this is valid as long as your are legal in Mexico, with a FM2/3 thru all renewals. The Temp Importation paper and decal is your permit for the car to be in Mex. You used to have to notify Banjercito at renewal of FM3 time but that requirement has been dropped.

fdt - 5-27-2007 at 08:15 AM

True, your "Calidad Migratoria" determines the length of you cars stay, be it FMT, FM2, 3.

rhintransit - 5-27-2007 at 10:43 AM

and where can one obtain a temporary importation decal?

bajalou - 5-27-2007 at 10:52 AM

At the Banjercito office near the Customs office at either Mexicali entry and I suspect most other entry points. Need Visa or MC in the same name as registered owner of the vehicle, registration, and your FM?. They put the hologram decal on your vehicle and give you the paperwork.

rhintransit - 5-27-2007 at 11:08 AM

I'm already here. and the car is legal without an import. I've done car import into the mainland in the past but this sounds like a different thing, similar process. does it have to be renewed every year? and can it be done, say, at customs in Sta Rosalia or La Paz? I don't really want to drive back up to the border. gracias.

bajalou - 5-27-2007 at 11:50 AM

It's the same Temp Import as you do for the mainland. Believe you can do it at La Paz or Sta. Rosalia as you would before getting on the ferry. The latest I've here as I stated above - it's good for as long as you are here legally - including renewals of FM?.

rhintransit - 5-27-2007 at 12:05 PM

on the mainland we always had to take the car out every six months. I had tourist cards then. are you saying that with the temp import and my FM3 I don't have to do that border run drill?

I've wanted to drive down, from Phoenix, and take ferry over from Guaymas. Sonora only pass apparently has to be returned in six months to km22 there. please correct me if I am wrong. so with the temp import, IF it is good for years, I could do Sonora/ferry run without having to turn in temp import pass?

bajalou - 5-27-2007 at 12:19 PM

Correct if you have FM3/2.

Know nothing about requirements of the Sonora Only permits.

[Edited on 5-27-2007 by bajalou]

osoflojo - 5-29-2007 at 06:49 AM

Last December I drove through Nogales to Guaymas to the ferry and needed no "pass", "importation" or anything else. Only if you go further south past Empalme do you then need one.

rhintransit - 5-29-2007 at 07:01 AM

interesting...no pass? have they given up on the Sonora only pass? that would be great. I'd like to use the ferry but didn't want to have to take the car back up that way within six months to return the blasted thing.
good news if true! anyone else do this recently?

Bob and Susan - 5-29-2007 at 09:37 AM

my friends got tickets yesterday to cross from santa rosalia to guaymas...

they were told "no sonora pass was required"

they'll check when they arrive on the other side...just to be sure

rhintransit - 5-29-2007 at 09:39 AM

hooray hooray hooray. now all I have to do is bite the bullet on the ferry charges. but one totalled car, and three days of road time, hotels, meals, etc, will cancel that all out if I can get down without miles and miles of Hwy 1. could you please U2U me when they arrive and let me know what they found on the other side. thank you.

Bob and Susan - 5-29-2007 at 09:45 AM

i might know tonite

we are going to dinner with them

i'd plan on a permit