Canadian tourists among the dead in bus crash in northern Mexico:

Day cab, local short haul driver for a private company... His life is screwed.

He's being held under a $4.4 million peso bond.

Mexican Bus crash with photos

 

http://www.cbc.ca/world/story/2009/03/17/mexico-crash.html

This includes pictures of three that lost their lives. It also has about 160 comments on the tragedy.

Does anyone know the differences in truck driving regs. - Mexico/U.S. that are considered part of the problem with some accidents there? I heard they have a higher number of accidents.

 

There is some difference but not a lot where it counts.

If this had happened in the US, a US driver would have been arrested and out on bail within hours most likely. Then would begin the long trek though the US legal system where the driver would be accorded every right and benefit of the doubt. In the end, he would probably receive a short sentence, under 10 years and eligible for parole in maybe 3. Chances are, if it was a first offense, he would not lose his US CDL but would have it suspended for the duration of his sentence. Nothing would prevent him from obtaining another CDL once out of prison. Of course the families of the victims would sue the driver and the company and win a multi million dollar settlement.

In Mexico, where this occurred, the driver was tested for drugs and alcohol at the scene and taken into custody. After being interviewed by the Mexican equivalent of the Attorney General, he was remanded into custody under a $4.4 million pesos bail. (Unusual since crimes in Mexico that have a potential prison sentence of more than two years carry no bail)

While awaiting trial, which will be done by a Judge reviewing the evidence in the case and without the suspect present, the driver will be house in the CERESA or state prison. No county jails or equivalent in Mexico. He will most likely receive a sentence of 15-30 in the same Mexican prison. The Judge will revoke his Licencia Federal and he will be banned from life from ever receiving another one.

The company he drove will be held liable for damages, to the families of those injured and killed, for the time of all the investigative agencies and medical response personnel and for repairs to the roadway and infrastructure caused by their drivers crime. Insurance will cover some of the costs if not all. The company executives can and probably will be held criminally liable for the conduct of their employee.

As in the US, it is illegal to drive under the influence and it is enforced.

Mexico has hours of service laws but maintained by the Ministry of Labor. PFP (Federal Highway Police) enforce the laws, more or less. Haz Mat carriers are the exceptions. They are closely monitored.

Mexican HOS rules only permit drivers to operate in 8 hour shifts during the day, 7.5 hour shifts at night. Most long haul drivers in Mexico are team operations because of this restriction.

The person causing this crash was driving a day cab from San Luis Potosi to Monterrey, a distance of perhaps 300 miles. A days work.

Interestingly enough, had this driver caught the eye of a PFP officer or local transito officer and been stopped, the PFP officer, given just cause, could have called a mobile drug testing lab to the scene of the stop and had the driver tested on the side of the road for drugs and alcohol. The drug labs are staffed by a registered physician who could also determine any other physical impediment to the safe operation of the vehicle.

This is a rare occurrence in Mexico. But it happens. In Mexico, the US and Canada. In Mexico, the news media there is not restrained by worries of offending peoples delicate senses. They report the news, and big rig mishaps are news. Mainly because they happen less frequently than in the US, where you can turn on your XM radio at hear reports of accidents around the country almost daily involving big rigs.

This accident was caused by a persons stupidity. Nothing more. And stupidity in this business knows no nationality nor borders.