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LEGAL ADVICE with Hudgell Solicitors
Ignoring driver fatigue guidelines is unacceptable – and could have devastating consequences
Sitting in the cab of a lorry for long periods is physically and mentally draining. As a result, most drivers know
it’s important to follow the rules about how many hours they can drive and the rest breaks which need to be taken.
Unfortunately, a recent study found that a quarter of UK commercial drivers don’t take tiredness seriously – and regularly breach driver guidelines around rest and fatigue.
According to research conducted by eet management software provider Verizon Connect, a quarter of eet managers admit their drivers out the Driver and Vehicle Standards Agency (DVSA) regulations by taking breaks after ve hours or more on average. By law, they should be having a break of no less than 45 minutes after no more than 4.5 hours of driving.
Two-thirds of eet managers (66%) have systems in place to ensure their drivers
take required breaks, but 16% leave it at the discretion of each driver to take appropriate rest. Consequently, only 15% ask drivers about their break habits and 3% do not know.
Sadly, the reality is that some eet managers are not taking fatigue seriously or doing enough to ensure drivers remain safe and compliant. When you consider the
By Jane Woodcock, head of personal injury at Hudgell Solicitors
devastating consequences of driver fatigue, this is completely unacceptable.
According to the Royal Society for the Prevention of Accidents (RoSPA), driving while tired may be responsible for one in ve of all accidents – with almost a quarter of injuries suffered in accidents involving lorries either serious or fatal.
How can driver fatigue be punished by law?
The DVSA has the power to issue up to ve on-the-spot nes of £300 in one single road-side check (£1,500) if drivers are caught breaking the fatigue regulations via their vehicle’s tachograph recording equipment.
If a fatal accident occurs involving a driver who is over their legal hours, a corporate manslaughter charge – and unlimited ne – can be imposed on the vehicle operator.
Why drivers can also be fatigue victims
Fatigue is a clear risk area for any business which employs professional drivers. Transport businesses should therefore recognise the bene ts which can be gained from having robust systems and procedures in place.
Under the Health and Safety at Work Act 1974, employers must ensure the welfare of their employees. While an employer can be found liable for breaches committed by its drivers, it won’t be held liable if it can show that all reasonable steps and due diligence were taken to avoid any rules being broken.
However, if a driver is involved in an accident where driver fatigue is a causative factor, they may be entitled to compensation if they can show their employer failed to take all reasonable steps possible to prevent exposure to the risk of harm.
By law, the onus is on the operator to demonstrate that their drivers’ work is properly organised and instructed. They must also prove regular checks are made to ensure drivers comply with DVSA’s rules.
If you have any questions concerning an accident, call Hudgell Solicitors’ specialists on 0808 231 4613 or visit www.hudgellsolicitors.co.uk
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28 CVDriver September 2018
September2017CVDriver 28