By Rafael Toledo Navarro
If you travel across the border with an RV, ATV, jet ski or trailer in tow, this is worth your attention.
Not long ago, I learned about a family traveling from Arizona to southern Sonora in their RV, towing both an all-terrain vehicle and a trailer. Everything appeared to be in order. They had obtained a valid temporary import permit for their motorhome through Banjercito, paid the required fees and believed they were fully compliant. Then, at a customs inspection checkpoint, officials seized all three vehicles (not just the RV) and opened an administrative customs proceeding against them.
Why? Because while the Banjercito permit covered the motorhome, it made no mention of the ATV or the trailer traveling behind it. To customs authorities, that was enough to treat those vehicles as goods whose legal temporary importation into Mexico had not been properly documented, even though they had remained attached to the RV throughout the trip.
Here’s the important part: The customs rule governing these permits (Rule 2.5.1, Section II of Mexico’s General Foreign Trade Rules) specifically refers to recreational vehicles. It does not mention trailers, ATVs, jet skis or other recreational vehicles that may accompany an RV. Whether customs authorities are interpreting the rule correctly (or taking an overly aggressive approach) is ultimately a legal question that can be challenged in court. But while that legal debate plays out, you’re the one left standing on the side of the highway with your vehicles seized, facing an administrative proceeding and looking for a customs attorney.
The lesson is simple: it’s better to be safe than sorry
If you’ve already obtained a temporary import permit for your RV through Banjercito and plan to tow a trailer, ATV, motorcycle, jet ski or any other recreational vehicle, don’t assume your existing permit automatically covers everything. Instead, return to Banjercito before your trip, update your permit if necessary, pay any applicable fees and make sure every vehicle or trailer traveling with you is specifically listed in the documentation.
Compared with the consequences of a customs seizure, updating your paperwork is a relatively simple process. A precautionary seizure can leave you dealing with roadside delays, administrative proceedings, legal fees and weeks (or even months) waiting for your property to be released.
When it comes to Mexican customs, don’t expect authorities to give you the benefit of the doubt. Bring certainty with you instead.
Rafael Toledo Navarro is a tax attorney and trial lawyer, a member of the Tax Commission of Coparmex Tijuana, and a partner at LITISMX, a Tijuana-based law firm specializing in tax and corporate law.
