Which is the better method of regulating carriers and truckers?

By Timothy D. Brady

The major difference between U.S. truckers and Mexican truckers and how they are regulated comes down to the Mexicans are regulated through consequence and the US drivers are controlled through micromanagement using EOBRs and simple slaps on the wrist. (For more information on this, check out last week’s blog post, "Regulating Truckers -Two countries Two approaches Part I." http://www.cash4truckers.com/blog4truckers/blogs/tim-brady/334-regulating-truckers  )

Anyone knows the more you try and control any segment of the population, the more you will either dumb down the quality of those individuals–or they will revolt. This is why there’s a shortage of 200,000 truck drivers in the U.S. U.S. truckers are not treated with respect; companies are looking for steering wheel holders and train them poorly. Drivers are micromanaged to where every 15 minutes of their day is regulated and tracked. They aren’t given the needed latitude to make safe decisions. The only place U.S. truckers are given any latitude is in the punishment for driving violations. As an example, a trucker in Texas convicted of Vehicular Manslaughter serves one year imprisonment and community service. In Mexico, the same convicted offense is 30 to 60 years imprisonment plus loss of the privilege to drive for life.

What would cause a Mexican trucker to have his Mexican CDL revoked? Causes for a Mexican Federal Driver's Permit to be revoked are far more stringent than in the U.S.  Examples of violations in Mexico that would get a trucker's license revoked include 3 speeding tickets in 3 years or 3 violations of the seat belt law. Below is the Spanish-to-English translation from the Mexican trucking regulations:

 The revocation of the license [for a] vehicle of Federal Public Service, in the following cases:

1.    By enforceable judgment of the judicial authority, imposed as a punishment that revocation.

2.    By driving a car, [while licensed] to the Federal Public Service, under the influence of alcohol or the effects of narcotic drugs.

3.    For any situation/act committed during the operation of a vehicle for Federal Public Service, against passengers or by having [harm to] the benefit of the goods transported.

4.    Abandonment of the vehicle or people in case of accident, which involved the vehicle for Federal Public Service.

5.    By committing three times [a] violation of the provisions on maximum speed allowed in a period of three years.

6.    Being responsible for three road accidents with damage to property, in a period of twelve months.

7.    Being responsible for two accidents with toll of injured or dead.

8.    To be responsible for any alteration of the information contained in the Federal License [issued to the] driver.

9.    By engaging on the third occasion in the operation [of] or driving without using the seat belt, without prejudice to article 2007 infraction of this regulation.

10.  By engaging in acts or omissions contrary to that provided for in this regulation; in the opinion of the Secretary of Communications and Transport, “serious” acts or omissions.

The consequences for violating the driving laws in Mexico are far more severe than when a driver is convicted in the U.S. Even the fines in Mexico are based on a driver’s earnings; and are usually from 300 to 500 times what someone earns. If you want safety, then provide stiff consequences for those who violate the rules of the road. But to say Mexican carriers are not safe is just not true. And their numbers prove it.

http://ai.fmcsa.dot.gov/International/border.asp?redirect=GenStats.asp

Number of truckers put Out of Service:       US 5%  -   Mexico 1%

Vehicle Out of Service Rates                         US 20.9% -  Mexico 15.9%

% of Fatalities per # truck units                   US 0.00025% - Mexico 0.000043%

So the question which needs to be answered: Which is the better approach for creating truck highway safety? The U.S. FMCSA’s method of micromanaging truckers and carriers through the use of technology with minimum training and consequences? Or the Mexican means of providing truckers with on-going training, giving them the latitude to make safety decisions based on the situation; but if the trucker violates the regulations, severe consequences ranging from loss of the privilege to operate a truck to expensive fines to jail time?

As a trucker, under which regulations would you prefer to drive?

Good roads and good loads, everyone.
Timothy Brady

http://timothybrady.com