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Viewing Seat Belt, Cell Phone and Speed Limit Laws in Oaxaca, MexicoSeat Belt, Cell Phone and Speed Limit Laws in Oaxaca, Mexico
By titosarah
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Are you planning to travel in Mexico? Beginning autumn 2009, all levels of government in Oaxaca began enforcing highway traffic laws against drivers in Oaxaca - speeding, seat belt, and cell phone use laws - drivers are forewarned. Driving in Oaxaca became a little more difficult in late 2009. That is when federal, state and municipal governments actually began enforcing the law, at least in the City of Oaxaca and in parts of the central valleys. Until then, rules of the road for driving in Oaxaca were on the books, but not enforced; or if enforced at all, it was on a very sporadic basis. As of autumn, 2009, the authorities have been out in full force in a concerted campaign to stop those suspected of driving without seat belts in use, using a cellular phone, and speeding. It's not as though enforcement is a bad thing, only that as a driver you have virtually no recourse in terms of disputing the alleged infraction. Oaxaca still has a Napoleonic, inquisitorial penal system, and while change is in progress in terms of oral trials for the most serious of criminal offences, it is unlikely that drivers will ever be given the right to dispute highway traffic offences through the courts - at least not in this writer's lifetime. The range in penalties so far seen is from being given a ticket, to having your plates removed, to having your vehicle towed. No doubt, those with more serious infractions are being whisked off to jail. Since there is no such thing as "probable cause", the police can pop the truck and the glove box, as they wish, and try to uncover all manner of illegal material. So watch out if you are inclined to smoke up and take along your grass, pot, boo, mota, hierba, or weed. The enforcement of seat belt and cell phone laws is indeed admirable, regardless of whether or not a bribe can be paid. However, it is the use of radar guns to determine whether you are speeding that is troubling, for two reasons: • 1) The speed limit signs are simply absurd. For example, en route to the Sunday market town of Tlacolula, there are signs randomly indicating 40, 30, and then 60 - and not miles per hour. We are talking kilometers per hour. This is a major highway leading from the City of Oaxaca to the coast. Naturally, one of the speed traps recently seen is just outside of Tlacolula along this stretch of roadway. Leaving the city and descending the Cerro del Fortin just beyond the Autidorio Guelaguetza, there are newly erected signs indicating 40 k.p.h. At least here, the limit is consistently displayed, unreasonably low as it is. Yes, the speed traps are there from time to time, with up to nine police officers awaiting you. If you ask an Oaxacan what the speed limit is, he will usually have no idea - for two reasons: the signage, as indicated, in many cases makes no sense; and perhaps key is the fact that drivers are now licensed without a requirement for passing a written or on-road test, since such testing does not exist. Therefore, there is no way that drivers will reasonably, of their own accord, go out and try to ascertain the limit. • 2) In the US and in Canada, there are a couple of pretty good radar defenses to which those facing conviction can avail themselves. Since in Oaxaca one does not have the right to dispute an alleged infraction in court before a judge, with evidence in chief, cross-examination, submissions and the rest, those defenses are not available. You cannot question the officer using the radar gun regarding his training and competence to use the equipment, whether or not the equipment has been tested before his shift to determine its reliability, or based on any other doubt you may have or wish to pursue. The best advice is to buckle up, do not use the cell phone while driving, try to find some speed limit signs, and drive accordingly - no matter how much those behind you are honking. If you are in fact stopped, try to direct the officer's attention to the motorcycles whizzing by you, drivers without helmets, and on the phone and smoking - at the same time. About the Author: Alvin Starkman has a Masters in anthropology and law degree from Osgoode Hall Law School. Now a resident of Oaxaca, Alvin writes, takes tours to the sights, and owns Casa Machaya Oaxaca Bed and Breakfast (http://www.oaxacadream.com), a unique Oaxaca bed and breakfast experience providing Oaxaca accommodations that combine the comfort and service of Oaxaca hotels with the personal touch of quaint country inn style lodging. Article source: 111 Travel Directory: Triple1.com (triple one dot com) More free articles: 1st Rate Articles - 1stRateArticles.com |
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