Diagnostic Vehicles | Regulation to Circulate in Mexican Federal Roads

Foley & Lardner LLP

Foley & Lardner LLPOn October 29, the Mexican Government published in the Official Federal Gazette, an Executive Order to regulate the operation of diagnostic and prototype vehicles by automotive manufacturers, assembly companies or importers.

The aforementioned Order seeks to regulate the expedition of vehicle plates that will allow diagnostic vehicles to circulate in Mexican federal roads and bridges exclusively for performance diagnose purposes.

Particularly, specific vehicle plates will allow automotive manufacturers, assembly companies or importers to perform diagnose on noise emission, fuel consumption, durability, cooling, performance, systems monitoring, among other vehicle tests.

A diagnostic vehicle is a vehicle that serves as an initial prototype for a final product.

According to the Executive Order, the automotive manufacturers, assembly companies or importers interested in obtaining the above-mentioned plates need to comply with a prior registration with the Mexican Ministry of Communications and Transport, to subsequently, enter into a lease agreement for the use of the plates that will require the payment of a monthly fee.

Whether not obtaining the registration and entering into the lease for the necessary diagnostic vehicles plates, such vehicles would not be able to circulate in Mexican federal roads and bridges for performance diagnose purposes, which may hamper the operation of an automotive manufacturer, assembly company or importer in Mexico.

In addition, the Executive Order establishes a series of rules for the circulation of diagnostic vehicles in Mexican federal roads and bridges; for example, with respect to maximum weight or capacity requiring compliance with applicable regulations and Mexican Official Standards (i.e.: SCT-012-2-2017), or regarding public transportation diagnostic vehicles for which the simulation of passengers with personnel is forbidden.

Finally, it is worth mentioning that failing to comply with the monthly payments of the lease for the diagnose vehicles plates for up to six months, will cause the termination of the lease agreement and a new one will not be authorized until a year has passed. Additionally, the National Guard will be notified of the invalidation of the plates.

Thanks to Andres Fernandez, associate in the Mexico City office, for his contribution to this article.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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