By Jane Woodcock (Head of personal injury at Hudgell Solicitors)
EVERY commercial vehicle driver knows that driving while tired, or drowsy, can have severe repercussions.
So, I was shocked to read a recent study where almost ten per cent of people who own a vehicle for work admitted they’d fallen asleep or momentarily closed their eyes at the wheel.
Even incidents of microsleeping, where you doze off for up to two seconds, can still result in a complete lack of alertness – and are highly dangerous.
At best, it could potentially result in a very minor vehicle repair needing to be made. At worst, it may result in a serious accident or fatality.
Either way, the importance of businesses adopting a zero-tolerance approach to driving while tired cannot be emphasised enough.
WILL DRIVING HOURS RULES BE RELAXED?
With this in mind, I was particularly worried to read a recent article which suggested long-distance lorry drivers may have to work even longer in a bid to overcome any disruption that Brexit could create.
According to Unite the union, which represents over 50,000 lorry drivers, they are concerned the Government will temporarily relax or suspend the regulations which restrict driving time for lorry drivers.
Under the current restrictions, drivers cannot be behind the wheel for more than nine hours a day in a maximum working day of 15 hours. This can be extended to 10 hours twice a week, but they are not allowed to drive for more than 56 hours a week.
There are also strict rules about taking rest periods and the amount of downtime between shifts. Unfortunately, some of this ‘rest’ time is often spent at road sides or service stations, so it’s no wonder drivers admit feeling tired behind the wheel.
LAWS IN PLACE TO PROTECT PEOPLE
As a personal injury lawyer, who frequently deals with the aftermath of road traffic accidents caused by fatigue, I would have serious concerns about any relaxation in the driving regulations.
These laws were designed and implemented to ensure the safety of drivers and all other road users.
At present, an employer can be prosecuted for breaching the Health and Safety at Work Act or if they fail to enforce the rules about drivers’ hours. An employer could also be liable if a driver is involved in an accident where fatigue was a contributory factor.
By law, workers also have the right not to work if they believe they would be placed in danger. To successfully defend a compensation claim, a company must prove they took every reasonable step possible to prevent exposure to the risk of harm.
If changes to the law are made which could lead to drivers being more tired, even if only for a temporary period during the aftermath of Brexit, it could potentially pose a threat to other road users.
No matter what happens with Brexit and the eventual outcome, I would urge the Government to think carefully about the impact it may have on lorry drivers – and the possible repercussions of their actions.
