Driving tired - there's no excuse at all
A recent road crash in Christchurch involving a driver who'd fallen asleep, has engendered almost without exception a huge amount of sympathy for the driver - who survived - and his three family members, who didn't.
Such sympathy may have to change in the future, as driving while under the influence of fatigue in some parts of the world is regarded as harshly by lawmakers as drink-driving, and it's probable that similar laws as those recently brought in overseas will need to be enacted.
After all, a phone ban is being brought in on November 1, and most research suggests that mobile phone use contributes to single figures in terms of fatals each year - well below the tiredness numbers.
An horrendous crash in the UK known as the Selby case has seen to it that a stigma has been attached to fatigued driving there that's similar to that for drink-driving. Accordingly the courts' attitudes have changed too so that driving while fatigued carries similar punishment as drink driving.
In the Selby case a Mr Hart was prosecuted for 10 counts of causing death by dangerous driving, having fallen asleep and allowed his Land Rover Discovery and trailer to coast or ride backwards off a motorway and onto a section of the main north-south high speed railway track near the town of Selby in Yorkshire.
Waking, he was unable to remove his car before the Newcastle-London express collided with it.
The train was derailed and collided with an oncoming coal train, killing 10 people and injuring 94.
Hart was sentenced to five years prison and had his licence taken from him for the same period of time. The trial judge said at the time that it was 'perhaps the worst driving-related incident in the UK in recent years'.
It has been estimated that one in ten of the people in the UK to lose their lives on the road, do so as the result of drivers falling asleep at the wheel and the most common time for such incidents is in the early morning.
If the incidence in New Zealand is similar, then we can expect to lose about 42 people a year for the same reason.
The State of New Jersey adopted a statute in 2004, which makes it an offence for a person to
drive if they have not slept in the previous 24 hours. The law in the US is a little weak in my mind, as it can only be invoked in New Jersey, when a death is caused in the crash, and/or the accident involves a motor vehicle.
The UK situation is a little clearer. There, the offence of dangerous driving can be committed simply because the driver is unfit to have charge of a vehicle, whether as a result of intoxication, tiredness or other states of lessened capacity.
In most cases, there is no doubt that driving when a period of rest was obviously necessary can result in a fatal accident. As occurred in the Hart case and the sad incident closer to home.
The excellent UK Autocar magazine reports that driver fatigue rather than speed is the single biggest cause of collisions on Britain’s motorways, quoting top police accident investigator.
Gary Baldwin, a forensic collision investigator for Thames Valley Police for more than 20 years, says a lack of education is the main reason why fatigue is such a problem on Britain’s motorways.
"It may sound silly," the magazine quotes him as saying, "but people just aren’t aware of how dangerous it is to drive with [their] eyes shut. People think they will be all right, that if they wind down the windows or turn up the radio the tiredness will go away, but that just isn’t the case."
Baldwin added that driving while fatigued extends normal reaction times to the levels of an "anaesthetised slug". He doesn't say how it is when we're actually asleep.
I still have great sympathy for the tired, sad family that was all-but wiped out the other week. A way for us to make sure they didn't die in vain is to contribute submissions for new laws and education porgrammes like those overseas, targeting fatigue when driving, so it's less likely to happen again.
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Quite right.
The problem though is that this is very hard to legislate or correct because it is difficult to measure. Alcohol levels can be measured, as can speeding or using a cell phone. Driving while tired is hard to measure because there are no units for tiredness.
That's the problem that has lead to lots of specific legislation, like the cell phone ban. We should not need this law because it should just be covered by driving without due care.
Unfortunately driving without due care is very difficult to measure and thus modify or prosecute until a crash happens.
My mum pulled over once on the highway, concerned about a motorcyclist whose booted foot she saw sticking out of the long grass of the verge next to his bike (which was standing).
Hurrying over she asked "Are you alright!?"
"Yeah..." came the mumbled reply from the grass. "I was asleep."
It seems as though some drivers don't know they're tired before they fall asleep! In the crash the other week, where the older man was driving (home from the hospital, I think) did he not realise that he was sleepy? I've never personally been anywhere near falling asleep while driving, but can't imagine actually ever doing it either. It takes me a long time to fall asleep though, maybe some people are able to just drop off to sleep very quickly without realising just how tired they are?
I think this is a far more common problem than is recognised in NZ. It's not uncommon for me to drive 130km to work on a Monday morning in a state of fatigue. Not because I didn't try to sleep but because idiots driving logging trucks pass our rural property using jake (exhaust) brakes from 3am onwards. They are unloaded and we are not on a hilly section of the road, so using the jake shows they are not well trained drivers. Ah - if only there were a stupidity meter! So - do I call in sick and dump the problem on my employer? Sometimes I drive in late at night (over the Rimutaka hill and all) to get a better night's sleep in town, but am I any less fatigued at 11pm? Yes - I've complained to the truck company, Police, LTSA, but nobody does anything. So - when you see one of those all too common signs outside a small NZ town pleading with truckies to not use the jake, be very careful - sleepy drivers are probably all around you.
Well put Dave.
I was horrified with the amount of sympathy that the NZ media put on this case. If the driver was 20 years younger there would be no sympathy, just old Judith Collins pronouncing "Put the person in jail, they should have pulled over earlier".
Oh and in regards to #1 I believe it hit the lamppost side on, causing a snapping of the neck, although the coroners verdict will have to be released first before making any assumptions.
After being hit by a vehicle whose driver had fallen asleep, & suffering from the effects of the crash for nearly 15years (thanks ACC - NOT!) I don't see why they shouldn't be treated the same as drunk drivers.
In my case the 75yr old driver got a slap on the wrist & a fine for failing to keep left. I have suffered from the damage to my neck ever since - & in that accident neither vehicle was travelling above 60kms at impact.
There are several laws that can be used against these drivers but rarely do you see these in the media... maybe more media coverage of these convictions would make people think twice before driving tired
As someone who has actually fallen asleep at the wheel and crashed, I can say with experience that it is really quite an insidious process.
First you drowse momentarily and then wake a second or so later with a surge of adrenalin and go oh damn, bad stuff and concentrate like hell. 10 min later, the adrenaline is gone, and you will nod off again. This time you wake because the weight of your head on your neck makes you go ow. The pain triggers another surge of adrenalin. 10 min later, that too is gone. This time your brain says to itself .. if my head tilts, it hurts, therefore I need to keep my head up. You will nod off and your muscles will stay locked until you really fall asleep. I travelled almost half a kilometer at roughly 20kph before I hit a parked car, writing off it and mine. Extremely fortunately noone was around for me to hit because it was late at night.
Driving drunk you misjudge what you are doing, and will make bad decisions. Drive tired, and you may not even know what happened...
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Any reason for the high number of deaths in that low-speed crash in Ch'ch Dave? I gather the vehicle was only travelling at 30-40km/h... Sort of makes a mockery of the speed kills message doesn't it. Best plan is not to crash in the first place, which suggests focus is on the wrong things. If only there was a breathalyser-type instrument that could measure stupidity. I am regularly passed by a half-wit in a red Honda on the way to work, and I suspect he would score rather high on the stupid-scale...