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Author: Subject: MX police can't shakedown cars w/ US plates over registration issues
Marla Daily
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[*] posted on 5-23-2010 at 07:01 PM
MX police can't shakedown cars w/ US plates over registration issues


Under current interpretation of Article 106 of Mexican Customs law, authorities allow foreigners with FM3 no-inmigrante and FM2 inmigrante visas to keep their cars in the country for the period their documents are valid.

The police in Mexico cannot question registration issues of cars with US plates as long as you carry a copy of your FM3 or FM2 with you at all times, and proof of insurance.

Last week the cops in Constitution tried to extort a friend over expired stickers on US plates, and he (a former lawyer in the US) simply pulled out a copy of his FM3 and car registration and Article 106. He was immediately sent on his merry way. Doesn't matter if the US registration is expired or the car is on a non-op in the US..
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noproblemo2
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[*] posted on 5-23-2010 at 07:10 PM


GOOD info to know, now where can we find a copy of that law, Article 106, to keep with our fm's??



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gnukid
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[*] posted on 5-23-2010 at 07:12 PM


This is true, helps to keep a copy of the articulo ciento seis and your fm-3 copy ready to hand over to a cop, generally most cops do not understand the law (nor can they read well) so unless you have read it and understand it you may not convey enough confidence to be convincing. The car should be otherwise in correct working order.

We mentioned this often here, ...

The articulo 106 can be used for many things, I understand.
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JESSE
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[*] posted on 5-23-2010 at 07:12 PM


read the article, did not see anything regarding not being able to question registration issues.



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[*] posted on 5-23-2010 at 07:19 PM


gnukid
are you talking about local cops. Because the black and white all have to have a college degrees before they can become a cop.




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[*] posted on 5-23-2010 at 08:08 PM


I am talking city cops in la paz, many can't read or write beyond hen scratch... in response to the message about expired tags in baja and referencing articulo 106....

Most foreigners don't seem to understand that there is a long list of reasons that you could give for why they guy shouldn't bug you, they're just not the types of answers that would come to mind, but bascially all you need to say with confidence is no molestarme, no se puedes-and don't even look at the guy, they will usually turn and walk in fear. When they say show me your registro de placas, I normally just say affirmatively out the window "Obvio No tiene permiso a molestarme por articulo ciento-seis." They probably do not know what it means but they understand I do. The cops will turn on their feet and walk when you stand up for yourself-they are scared.

Just remember they are bluffing and criminal, even if they take you to jail and threaten you they are bluffing and will give up in a short time and apologize and ask you not to tell anyone what happened.

Remember to take pictures of the person, right away, write down all facts and report it anonymously, pay attention, people who pay mordida and laugh it off are creating a corrupt pattern we all suffer greatly from.

If everyone who was being bothered for mordida under false charges actually took pictures and wrote down facts and paid attention and stood their ground, the mordida game wouldn't pay and it would end, it continues because people pay for reasons which are based on false ideas, fears, fake threats etc...

I have recently been hassled by a older cop named Juan Carlos from La Paz who makes up all kind of false charges and threatens you, he thinks he speaks english but I insist on spanish so everyone could follow the conversation, he had 4 other cops with them and big guns. I said let's to go to the station and they took me 30 minutes to a distant police station in los plannes, there I casually explained that I was very interested in understanding who wanted to be the officer in charge to press the charges and who was not willing to sign a statement of facts and they all folded like cry babies in about 15 minutes then apologized and asked me not to tell anyone. They will always apologize and ask you not tell anyone if you stay calm and persistent that the only crime is the one being perpetrated of falsifying charges.

[Edited on 5-24-2010 by gnukid]
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gnukid
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[*] posted on 5-23-2010 at 08:19 PM


ARTICULO 106 LEY ADUANERA EN VIGOR

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 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.

ARTiCLE 106. Temporary importation means the entry into the country of merchandise which will remain for a limited time and with a specific purpose, provided that it be returned to the exterior unaltered; for the following periods.

SECTION IV. For the period which coincides with the period granted for the immigration category of the owner, including any extensions.

The vehicles can be driven in Mexico by the importer, his or her spouse, their parents and grandparents, etc, their decedents, their brothers or sisters, even when those relatives are not foreigners, or by a foreigner who has the same immigration category as one of those herein referenced, or by a Mexican citizen, provided in this latter case, that a person authorized to drive the vehicle is within the vehicle. Such vehicle is authorized to make multiple exits and returns from and to Mexico.

Vehicles referred to in this section must meet the requirements pointed out in the regulations.
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BAJA.DESERT.RAT
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[*] posted on 5-23-2010 at 08:21 PM


Hola, as noproblemo2 stated, where can we get a copy of article 106 ? if you are going to quote an item, please be so kind as to substantiate it. b.s. abounds on all websites !

definitely, if it would impress any mordida cop, we really do need the ammunition to do so.

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BAJA.DESERT.RAT
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[*] posted on 5-23-2010 at 08:28 PM


Hola gnukid, thank you for posting the spanish version of which i will translate with google translate and keep several of both copies in my glove box. i also am not a fan of mordida and am not in any hurry in my travels and will spend a weekend to go to " court " to dispute any unwarranted violations.

appreciatively,

DA RAT
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gnukid
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[*] posted on 5-23-2010 at 08:37 PM


Anyone can search the Mex Gob sites to find the reference to the ley aduana de los estados unidos de mexico

Basically the law applies to all kinds of stuff but specifically your transportation vehicle legally imported will remain legal for the period of your legal immigration status.

If you read it carefully it could apply to a lamp, train, etc... depends.

http://www.aduanas-mexico.com.mx/claa/ctar/leyes/la.html#art...


http://mexico.justia.com/federales/leyes/ley-aduanera/titulo...

[Edited on 5-24-2010 by BajaNomad]
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[*] posted on 5-23-2010 at 08:39 PM


Where is the part refering to registration?
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[*] posted on 5-23-2010 at 08:52 PM


I believe the article applies to vehicles temporally imported to Mexico - in other words, you have paid the fee and got a Temp. Imp. Permit when you brought the car to Mexico. This is the process you must use taking a car into other parts of Mexico, but is not required in Baja. This TIP is your authorization for operating the vehicle in Mexico (with a valid FMT, FM3 or FM2).

This is what I was told while getting a TIP in Sonora a while ago.




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[*] posted on 5-23-2010 at 08:52 PM


It doesn't say the word registration, its says a vehicle that entered legal will remain legal for the period of the legal immigration-interpolation from that, one could be about 4 years behind up to 5 years behind with your us registration and still be legal but to be legal and correct you would have to demonstrate you were legal at the time you arrived and that period of time in contiguous with your current immigration status (aka your current book) for the entire period of your fm2 or fm 3 book if you had not returned home with the vehicle. If you are not confident enough to read the law and interpret it to apply to you you won't likely be successful in using it and would better served with a onapafa sticker in BCS if you understand the limitations of that form or another similar temporary alternative in the north.
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[*] posted on 5-23-2010 at 08:56 PM


Quote:
Originally posted by bajalou
I believe the article applies to vehicles temporally imported to Mexico - in other words, you have paid the fee and got a Temp. Imp. Permit when you brought the car to Mexico. This is the process you must use taking a car into other parts of Mexico, but is not required in Baja. This TIP is your authorization for operating the vehicle in Mexico (with a valid FMT, FM3 or FM2).

This is what I was told while getting a TIP in Sonora a while ago.


Correct it references the TIP into Mexico not the Frontier so one might think it only applies to mainland but one can reference it in Baja and refer to the law, one could reasonably expect that local Baja police might not be familiar with it, which you can use to your advantage or not.

Also, if you read it carefully, if even a parking lightbulb was out it nullifies the legal extensions, a smart cop could find a flaw in your vehicle and people who let their reg expire generally have other issues too.
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[*] posted on 5-23-2010 at 09:03 PM


I make a couple of manila folders with a complete set of copies of reg, article 106, police report form, fm3, dl and I hand that to the officer and tell him/her there are free to go, thank you for your help. Once you have all this they won't actually even look at it before they give up and if they do they will be intimidated that you might report them for bugging you.


Police incident report

SECRETARIA de TURISMO


Identification
IDENTIFICACION ______________________________________________________
Officer
OFICIAL ______________________________________________________________
Badge #
INSIGNIA ______________________________________________________________
Name
APELLIDO/NOMBRE ___________________________________________________
Brand of Automobile
MARCA DE AUTOMOVIL _______________________________________________
Place of Registration
PLACA DE MATRICULA ________________________________________________
City
CIUDAD _______________________________________________________________
Department
DEPARTAMENTO ______________________________________________________
Receipt
RECIBO _______________________________________________________________
Signature Date and Time
FIRMA _____________________________FECHA Y HORA ___________________
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[*] posted on 5-23-2010 at 09:08 PM


Quote:
Originally posted by morgaine7
Quote:

ARTICULO 106 LEY ADUANERA EN VIGOR

That's customs law, not traffic law. The car may be legal, but in La Paz, at least, traffic regulations state that a foreign driver's license is only valid for a car with current registration and plates from the same country. So they could nail you for that.

ARTÍCULO 52.- Las licencias para conducir expedidas por otros Municipios del Estado, así como las de otras entidades federativas tendrán validez siempre y cuando se encuentren vigentes; de igual forma las expedidas por las autoridades en otros países donde exista reciprocidad y en este último caso, siempre que vehículo porte placas y registro vigentes del país donde la licencia fue expedida.

-- REGLAMENTO DE TRÁNSITO DEL MUNICIPIO DE LA PAZ

Kate


Yes, one can interpret the laws in many ways, and a cop that wants to bug you can always find a way. I wouldn't count on using articulo 106 as a get free card but it does let the cop know you are well informed which is my point, if for example you are only out of date for a short time.

gringos need to get out of their frame of mind that everything must be correct, instead you need to think in terms that make sense to Mexico, basically that the cop shouldn't bother you since it might be costly or risky for them to do so as opposed to free reign to threaten you with false charges.

But really why would you have an expired registration anyway, right? That's just an excuse to bug you.
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[*] posted on 5-23-2010 at 09:55 PM


Quote:
Originally posted by gnukid

Most foreigners don't seem to understand that there is a long list of reasons that you could give for why they guy shouldn't bug you, they're just not the types of answers that would come to mind, but bascially all you need to say with confidence is no molestarme, no se puedes-and don't even look at the guy, they will usually turn and walk in fear. When they say show me your registro de placas, I normally just say affirmatively out the window "Obvio No tiene permiso a molestarme por articulo ciento-seis." They probably do not know what it means but they understand I do. The cops will turn on their feet and walk when you stand up for yourself-they are scared.

Just remember they are bluffing and criminal, even if they take you to jail and threaten you they are bluffing and will give up in a short time and apologize and ask you not to tell anyone what happened.

Remember to take pictures of the person, right away, write down all facts and report it anonymously, pay attention, people who pay mordida and laugh it off are creating a corrupt pattern we all suffer greatly from.



I can't speak for la Paz but trying something like this in Rosarito, TJ or Ensenada is a recipe for trouble. I've never met a cop up here who either appeared scared or appreciated a lecture. I know people who have been arrested and/or their cell phones confiscated for attempting to take pictures or record evidence of police confrontations.




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[*] posted on 5-23-2010 at 10:07 PM


Dave,

I know that its very hard for gringos to understand how to reframe the conversation in a way that makes sense to a Mexican Cop without being insulting, I guess its not possible for most gringos to change their frame of reference to speak in terms that can be understood for the culture where you are interacting with confidence. And yes, as hard as it to believe, most cops are actually afraid of being caught for their indiscretion-that's why they threaten people and exaggerate the circumstance to intimidate you.

I did not and would suggest you act like an insulting idiot, I said stand up for yourself with confidence and when they make a totally false accusation say you do not have permission to bother me in this case and gather data, pay attention, make a report for yourself of the location, time, describe the incident for yourself and take photos where possible without offending anyone. This is a reasonable plan where ever you are when you find yourself in legal trouble but you don't do it in a manner that is obvious to the cop or threaten them in any way.

Again, I try to help you old timers out but you don't seem to be willing to help yourselves.

Please do not pay mordida ever and do not be afraid of cops who make false charges.
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[*] posted on 5-23-2010 at 11:46 PM


Talked to my lawyer, he says each state, municipality, has its own traffic laws that have to be enforced. In short, this law does not protect you at all.



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[*] posted on 5-24-2010 at 12:56 AM


Quote:
Originally posted by JESSE
Talked to my lawyer, he says each state, municipality, has its own traffic laws that have to be enforced. In short, this law does not protect you at all.


And my attorney tells me that if your vehicle is attached to your FM then state or local authorities have zero jurisdiction. Unless your vehicle is involved in an accident, the only authority that has the right to even question you about its status is migra.

And for those who would argue that this only applies to the mainland:

I had a vehicle listed on my FM3 for several years...In Rosarito.

[Edited on 5-24-2010 by Dave]




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