Is there a law about driving while tired?

[JohnL]

Just wondering - because, I am ashamed to admit, I did about an hour on the A1 the other day while seriously struggling to keep my eyes open. Finally decided that stopping for a walk and a red bull would be a good plan. Result - still alive to be stupid another day. Reckon I'd've been safer with two pints in me, and I'm a lightweight.

Anyway, enough breast beating. Is there a law I could have been charged with? (setting aside the fact that I didn't see a single police car in 4 hours of m/way & d/c/way, plenty cameras tho!)

[Tonyrec]

It would come under Dangerous Driving....failing that, theres Without Due Care and Attention.

[mojocvh]

Interesting reply that Tony ,DD, seems a bit strong as it would seem to be unintentional.....

MoJo

[Tonyrec]

It all depends on what happens as a result.
Remember the Selby railcrash?

[gone]

If you realised you were that tired and continued to drive for that long after realising and you then crashed, I would expect that the facts would fit very neatly into Dangerous Driving.

If however, you started to nod and fell asleep within a few seconds, then that would be Due Care.

There is a provision in the act that states that a driver cannot be prosecuted for falling asleep on his own admission with no other evidence to corroborate this.

The Selby incident hinged not around the admission that he dropped off at the wheel but the investigatiion into his activities 48 hours preceding the crash in which they were able to establish that he had not rested for more than a couple of hours.

[dazren]

I assume if a drivers suddenly comes over drowsy on a motorway he is not permitted to pull over to the Hard shoulder?

DAZ

[BrianTheYank]

How would a cop deem a driver to be too tired to drive? Surely once they get pulled over the driver would suddenly get completely alert.

[gone]

dazren said:

I assume if a drivers suddenly comes over drowsy on a motorway he is not permitted to pull over to the Hard shoulder? DAZ

You can use the hard shoulder in an emergency. I would suggest that if you were that tired, you should pull over on to the hard shoulder and get out of the car for at least 10 minutes. If you did this in a sensible manner such as parking as close to the verge as possible, leaving lights on where required and hazard lights flashing also never turning your back on the traffic, you would be able to convivnce any inquisitive traffic officer as to the reasons and be left alone. You should then get back in the car and drive to the next available exit and come off to get a longer rest.

Should you decided to wind the seat back and 'gonk' for 1/2 an hour or more 3 inches from the marginal strip with Mantovani playing on the CD, you would most definately receive a £30 reminder (or worse a report for summons) that you should not do this

[dazren]

Thanks for clearing that "gone".

DAZ

[pmanson]

My uncle was stopped a few years back doing between 80-90 and weaving all over the place due to being over tired. Traffic guy stops him, shows him the video and then says to him - "You have 2 choices, you can either take the 3 points for the speeding or drive to the next services, have 2 cups of coffee and a 10 minute break, then be on your way"

You can imagine which option my Uncle took......

I can always remember my Dad would quite often stop off on the way home from work for 10mins sleep even if he was 5miles from home as its not worth the risk of falling asleep.

[gone]

BrianTheYank said:

How would a cop deem a driver to be too tired to drive? Surely once they get pulled over the driver would suddenly get completely alert.

Follow the driver and watch his positioning and road craft. much the same as following a drun driver until you are satisfied that the driving is not acceptable standard to continue.

Having stopped the driver if no alcohol or drug is suspected, then the only option left is to consider the state of the drivers consciousness. They ususally do wake up fairly quickly when stopped and spoken to. Mostly they will be taken out of the car to be spoken to. That would usually be enough to get them back into a more 'with it' state. They would be warned about the dangers of continuing and if on a motorway, sometimes would be driven off by the observer from the Police Vehicle where they would be told to rest for a reasonable period before continuing.

Failure to heed this advice would be evidence of dangerous driving should they stack up within the next dozen miles or so minutes after being left to obtain the required rest.

[BrianTheYank]

cheers gone

So it almost seems that it wouldnt really be a breaking a law thing but more of judgement of the drivers state by the officer.

[medicineman]

One of the motoring programmes did a comparison of drink v tireness. On a motorway the drunk driver performed better than the tired one.

[cptsideways]

I certainly suffer from sleepyness at almost exactly 3pm every day if I'm driving. I think it's a family thing my father & my 3 brothers all require a quick nap around then.

So for me reagrdless of where I'm going late or not I stop somewhere convenient for my almost exactly 12min nap. I wake up instantly when time is up, fresh as daisy every time.

I can tell what time of day it is as soon as I feel the need for my quick nap. I have real trouble driving through it & now never attempt to either. Having had two near misses a few weeks apart on the motorway a few years ago.

Also being at the scene of fatal head on last week, where sleepyness was suspected. I'm never going to attempt driving tired again.

[Deester]

gone said:

dazren said: I assume if a drivers suddenly comes over drowsy on a motorway he is not permitted to pull over to the Hard shoulder? DAZ You can use the hard shoulder in an emergency. I would suggest that if you were that tired, you should pull over on to the hard shoulder and get out of the car for at least 10 minutes. If you did this in a sensible manner such as parking as close to the verge as possible, leaving lights on where required and hazard lights flashing also never turning your back on the traffic, you would be able to convivnce any inquisitive traffic officer as to the reasons and be left alone. You should then get back in the car and drive to the next available exit and come off to get a longer rest. Should you decided to wind the seat back and 'gonk' for 1/2 an hour or more 3 inches from the marginal strip with Mantovani playing on the CD, you would most definately receive a £30 reminder (or worse a report for summons) that you should not do this

Ah, but!

I remember an incident where someone was taken to court because they stopped on the hard shouler as they were so tired.

I'm guessing that they were trying to punish him for misue of the hard shouler as police claim it was not an emergency... However the driver said is he had driven anymore he would have fallen asleep.

You can't win!

[ledfoot]

pmanson said:

"You have 2 choices, you can either take the 3 points for the speeding or drive to the next services, have 2 cups of coffee and a 10 minute break, then be on your way" You can imagine which option my Uncle took......

I guess he knew how expensive and revolting motorway coffee is, that he took the 3 points.

[Big_M]

cptsideways said:

I certainly suffer from sleepyness at almost exactly 3pm every day if I'm driving. I think it's a family thing my father & my 3 brothers all require a quick nap around then.

Too many starchy carbs at lunchtime. I used to get the 3 pm yawns until I changed my lunchtime sandwich into a salad or soup. It is something to do with blood sugar levels.

[pies]

gone said:

BrianTheYank said: How would a cop deem a driver to be too tired to drive? Surely once they get pulled over the driver would suddenly get completely alert. Follow the driver and watch his positioning and road craft. much the same as following a drun driver until you are satisfied that the driving is not acceptable standard to continue. Having stopped the driver if no alcohol or drug is suspected, then the only option left is to consider the state of the drivers consciousness. They ususally do wake up fairly quickly when stopped and spoken to. Mostly they will be taken out of the car to be spoken to. That would usually be enough to get them back into a more 'with it' state. They would be warned about the dangers of continuing and if on a motorway, sometimes would be driven off by the observer from the Police Vehicle where they would be told to rest for a reasonable period before continuing. Failure to heed this advice would be evidence of dangerous driving should they stack up within the next dozen miles or so minutes after being left to obtain the required rest.

Best pull over the lorries a bit more often,the amount i see cross the white line well into the hard sholder or drift into lane two is scary.

Sorry i forgot policing the motorways is not a core function anymore

[millsee]

I remember in my time at the Highways Agency that there were a proliferation of signs springing up on the motorway in advance of the Service Areas saying "Tiredness Kills. Take a break".

So people did.

Next to the sign.

*shakes head*

[Streetcop]

The links from this webpage make good reading...

http://news.bbc.co.uk/1/hi/in_depth/uk/2001/selby_train_crash/default.stm



Street