When you are driving on a highway, usually there is a speed limit. If you exceed this limit, a cop can give you a ticket.

In Houston, most highways have a speed limit of 65-70 miles per hour…although most drivers appear to assume it implies “90-mph is okay”.

Let us say the city of Houston were to remove the speed restrictions.

Instead they put forward the mandate “drive safely”.

Now, speed is no longer a criterion for receiving a ticket. You can drive faster or slower as long as you are “safe”, pedestrians are safe, public properties are safe and other drivers are safe. (where have you heard this before?General Duty Clause?)

Meet Fred. Fred bought a brand new Corvette two years ago and is pleased with the new mandate since now he can enjoy the full power of the V8 engine in the “Indi pace car”. Fast and Furious!

This is not to imply Fred is a reckless driver. In fact, Fred is a responsible individual. He is a single dad of two kids, never smokes or drinks, and is risk averse for the most part.

One day Fred is driving along the highway and is stopped by a police officer.

Fred asks the cop why he is being stopped. The cop replies, “Your tail-light isn’t working”.

Fred explains that his car is due for servicing in two months time and he plans to replace the tail light then. He further explains that knowing the tail light isn’t working, he is being extra careful while driving.

The cop replies, “While that may be true, without a working tail light you increase your chance of having an accident”.

Now, the question I have for you is should the cop ticket Fred?

Please fill in your answer in the form below.

http://risksafety.wufoo.com/forms/performance-based-vs-prescriptive-regulations/

I will share the results of the survey with you in a few days.