Is Casuistry a nut?
The Technician was sheepish… I had my beloved Miata at a garage for its annual inspection… and he came into waiting room to ask me where the spare tire was. “Am I missing something? I’ve looked everywhere?”
After torturing him briefly… I let him know that this model of car comes with no spare. In an effort to squeeze out an infinitesimal improvement in fuel mileage, Mazda provides a can of sealant/goo, and a small electric compressor.
This phenomenon, along with a number of others, was an unforeseen consequence of the government mandating that manufacturers meet certain efficiency standards. It saves the weight (and expense) of the tire, frees up some trunk space, but is not really helpful when you have a blowout.
In an effort to raise revenue, clever French lawmakers have instituted higher taxes on the rich, who are now moving to EU venues with lower taxes… (They’re rich, not immobile). Surprise!
When laws and regulations are promulgated by folks who aren’t directly affected by them, or bureaucrats whose real goals are so focused on their tiny realm that they can’t see the Big Picture… all kinds of mischief pops up.
A classic example was the 1974 regulation forcing manufacturers of heavy vehicles to install anti-lock brakes, and the subsequent directive insisting that they disconnect them (seems that the then-current technology had some kinks making braking adventurous and unpredictable).
The point is that, to cut down on these opportunities for mischief, we need to try and insert some judgment in the process.
Begin with the fact that most regulation responds to a failure of common sense. A few drivers go faster than they should, so we have speed limits. When we do that, the limit is aimed at the least skilled drivers (otherwise the lawyers blame government, not the driver). Some drivers aren’t wise enough to quit driving when they’re tired, so we have “hours of service” regulations (again, pegged to the weakest in the group). Some companies dispatch vehicles that have mechanical defects, and we create a bureaucracy to inspect all vehicles.
You get it… some of the stuff that irritates us the most is a reaction to the bad behavior of a few.
Once regulators get involved, huge agencies are created whose REAL goal is self enhancement. Each feels they are doing “god’s work”, regardless of whether they are really improving the overall success of an industry’s ability to serve the public.
I once heard a DOT Inspector brag (in a speech) about tricking drivers into admitting an offense. These miserable miscreants admitted sleeping on their bus (on duty/not driving). If they had swapped, and slept on the other guy’s bus, then they were legally “off duty”.
Two drivers exercising common sense got hassled for a technicality that had no impact on safety. Still trying to understand how that hassle improved anything.
GEE.. do ya think that sort of nonsense might contribute to a driver shortage
This Inspector is the worst case example of what we create when regulation supersedes common sense… enforcement officials who feel the need to find “something” wrong, so they can justify their existence. Sometimes they even make up their own rules.
One unforeseen consequence of this sort of regulation is the tendency to avoid breaking rules, rather than really embracing safety. Another is the effort by some companies to simply stay away from places where enforcement occurs. When that happens, regulators end up spending lots of time trying to find something wrong with the “good guys”, while the “bad guys” go elsewhere.
I’m meandering towards a couple of points... first, we’ll never be able to make the world safe through regulations. Folks who are fudging will find ways to evade them. Good judgment will always work better than rules.
Second, some regulation is necessary, but the folks who write them ought to be grounded in the industry, and be looking for ways to apply good judgment, rather than appease lawyers through casuistry (HAD to throw in a sophisticated word). Regulators need to spend effort on educating, not fining. When major offenses happen, find ways get the players out of the game quickly.
Third, promulgate regulations that allow for common sense.
Last, as an industry we need to be active in telling legislators what works, and what doesn’t. Build relationships; insist that the folks who write the laws understand how things really work… fewer rules, better enforcement.
Talk about exciting… the folks in central Iowa had never seen a bus slide sideways under an overpass (at 75 mph) before. If you think THEY were thrilled, imagine how those of us on that Flxible felt when that steering tire blew.
The speed limit was 75, and no laws were broken, but I gotta tell you, any idiot with good judgment would know that was too fast to drive an old bus… regardless the rules.
And NOW I do.
