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Effective enforcement is never about fines
Effective enforcement is not a new concept. Nor is it something that the MDPC dreamed up. Pipeline and Hazardous Material Safety Administration’s, (PHMSA) directive that stakeholders come to the table to work together to create a measurable and more effective damage prevention program is based on an age-old principle of accountability.
Frankly, we already understand and endorse the principle in our society. It’s not the fine that causes us to drive within the speed limit; rather it is the threat of the fine. If it were not in place, I dare say most would be driving much faster than they do today. And in addition to the threat of the fine, speed limit signs, billboards, and other advertising avenues remind us to drive safely. The patrol cars are seen along the roadsides. All of these have been put into place because it is expected that there be a behavioral change to all who drive on our state or county roads and even city streets. They don’t want to fine us; they want us to slow down. If we slow down, then the law is working. Fines are for folks who simply won’t change their behaviors.
All citizens are responsible for knowing the speed limits and will be held accountable for violating the rule. That doesn’t seem unreasonable to me even though a few times in my life, I’ve suffered the consequences of breaking the rule. Still, I’m not against such laws even though there are fines associated with them. Neither are the elected officials in the counties and cities across the state. They know such laws are a deterrent to undesirable behavior and the right thing to do.
And it’s because enforcement has a crucial role to play in the criminal and civil justice systems and in a modern, democratic society; there must be ways to enforce rules. Imagine if there were no way to collect property taxes, child support debts or enforce road traffic laws such as speeding or driving under the influence. People ordered to pay a court judgment, civil penalties, and compensation awards, or to comply with the terms of a community sentence, have little or no incentive to do so if they know there is no effective means of enforcing it. Unless there is prompt and effective enforcement, the authority of the courts, the effectiveness of penalties and public confidence in the justice system are all undermined.
Laws that state what the expected behavior is, but does not state what will happen to one whose behaviors will not change will not be effective. Effective enforcement is not now, nor has ever been about fines. As a matter of fact, fines are always a last resort. Effective enforcement is about changing behaviors. Behavioral change comes about as the result of education first and foremost.
The model of effective enforcement has already been adopted and embraced by our elected officials. It seems only logical and reasonable that stakeholders charged with looking out for the best interests of the citizens of Mississippi while protecting our underground infrastructure would find a way to develop a similar standard. We must create a document by consensus that would protect those who are doing it right, educate all involved so that the desired behavior is known, and finally hold accountable those who simply refuse to act in the best interest of our communities and families. It should be a lot easier than it will be, but those who are committed to protecting our families and our infrastructure will find a way to make it happen. And it will not be achieved by going around or over someone. It will be achieved by working with other professionals who recognize what is at stake.
Building on the considerable progress and goodwill that has been achieved through working closely with all stakeholders, the MDPC intends to address this very critical issue in 2010. The Committee hopes to build consensus for a document that embraces a mechanism for a fair and consistent approach promoting accountability in working around underground facilities. It aims to improve existing good practices, raise the level of professionalism across the whole industry, and increase awareness of all stakeholders’ responsibilities.
We’ll report on the progress achieved throughout the coming year. We invite those of you who would like to become more involved in protecting our communities for generations to come to be a part of this vital work. Contact us at www.msdamageprevention.com and let us know you want to join the campaign.
We look forward to working with you.
