Photomults in CDMX: Judicial Criteria on Its Unconstitutionality

The Supreme Court of Justice of the Nation, through a thesisisolada published on December 6, 2024, ruled that Articles 60, last paragraph, and 64 of the Traffic Regulations, as well as Article 34, first paragraph, of the Law Regulating the Use of Technology for Public Safety in Mexico City, violate the right to legality by unjustifiably transferring to the owner of the vehicle the obligation to pay photomines.

I. What does this criterion entail?

According to the Collegiate Courts, these provisions are contrary to article 14 of the Constitution, since:

1. They do not distinguish between driver and owner of the vehicle. This is because the fines are the responsibility of the person who commits the violation, not the car owner.

2. Lack of personal notification. Penalties resulting from photomults are not directly notified to the offender, which creates legal uncertainty.

II. What impact is there for vehicle owners?

This criterion is an important precedent for challenging photomines in Mexico City, especially when the owner was not the driver at the time of the violation.

Hoping that this information will be useful, we are at your disposal for any questions or clarifications in this regard.

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