Paola Andrea, 23 years oldit was one student of Educational Sciences of the Autonomous University of Baja California (UABC), which He disappeared the early morning of Monday, July 8th from 2024, after leaving a bar and board a vehicle that provided the transport service through the Didi platformat approximately 2:20 a.m., in the City Mexicali, Baja California. His lifeless body was found last Thursday..
Take a transport vehicle through digital platforms as Uber and Didiremains a high-risk activity in our country. For the womenit is an act that involves the danger of losing one’s lifeto suffer robberies and sexual assaults. Happened in Baja California. One of the few states that regulate the transport service on electronic platforms.
In our countrya reduced number of federative entities regulate this type of transportsuch as: Mexico City; State of Mexico; Jalisco; Nuevo Leon; Queretaro; Puebla; Yucatan; and Baja California. There is no uniformity. Although they present similarities in the general aspects that are regulated, each state has its own legislation and specific requirements, to the detriment of the rights of users and passengers.
Sinaloa does not have this service regulated. This means that in addition to the insecurity caused by the absence of police surveillance and the presence of criminal groups, we have to live with the lack of legal instruments that protect users or passengers of these transportation services through digital platforms, generating greater spaces of impunity. The Congress of the State of Sinaloa (and the State Government) have been negligent in regulating this transportation service, which has led to serious areas of insecurity in favor of criminal organizations.
In Sinaloa, taking an Uber or Didi is a risky activityespecially at night. Drivers decide whether to provide you with the service or not, forcing you to pay them in cash. The vehicles are not in the best condition, nor do they respect the rights of users or passengers.
In what aspects has the State Congress been negligent? Let’s look at some fundamental aspects that must be considered to regulate this activity, which, even when carried out by private individuals, is a public service that must guarantee the safety of users and/or passengers. The State cannot continue to be negligent. Compliance with security measures cannot be left in the hands of companies and digital platforms. Among the rules that must be legislated in Sinaloa, are the following:
Requirements and criminal records of drivers. The driver who was transporting the young woman Paola Andrea had two outstanding arrest warrants. It is absurd that the Public Prosecutor’s Office does not have agreements with digital platform companies that verify the criminal records of drivers. It is a serious omission. And it is even more serious that the mobility and transportation laws do not regulate the background and requirements that drivers must meet to provide this service. These include toxicological and medical tests to ensure that they are fit to do so.
Vehicle conditions. It cannot be left to the discretion of individuals to decide whether a vehicle meets the minimum requirements to provide transportation services. It must be the authority that determines whether it has the technical conditions and safety measures necessary to provide it.
Mandatory insurance to protect passengers and third parties. Vehicles offering these services must have a valid insurance policy, which includes “civil liability of the passenger” and “civil liability for damages to third parties”, for all trips made through the platform they promote or manage.
Joint liability of digital platform companies. The ruling states that in the event that the policy is not in force or does not provide coverage, digital platform companies such as Uber and Didi will be considered subsidiary obligors of the owners and drivers of the vehicles used for the transportation service.
Tracking and geolocation technology. Vehicles must have location, tracking and monitoring systems. The technology used by the applications perfectly allows this.
Driver training. Drivers should be required to receive specific training in road safety and customer service.
Emergency buttons. Applications must have an emergency button that allows users or passengers to request help immediately in the event of any dangerous or risky situation.
Identification of the driver and the vehicle. Drivers of this means of transport must have identification that is visible to the user, and the vehicle must be clearly identifiable.
Registration of companies and digital platforms that offer the service. Companies must be registered with the State transport authorities, establishing requirements to maintain the service, such as regularly providing the list of affiliated drivers, the trips carried out, globally and individually by each driver, as well as their contributions.
Minimum and maximum fares, as well as payment methods. The state must decide whether to let individuals define transport fares or establish minimum and maximum fares to avoid abuse. In addition, it must establish different forms of payment to avoid cancellation of trips due to not paying in cash.
The rights of users and passengers. The rights of users and/or passengers of these applications must be clearly defined, establishing measures for filing complaints and claims with the competent authorities.
Use of cameras during the journey. The use of security cameras during the journey should be regulated for the safety of the user, as well as the driver of the vehicle. As well as the rights to privacy and image, avoiding the improper use of images.
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