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Driving at work - fatigue and long hours
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peter gotch  
#1 Posted : 23 May 2012 10:17:04(UTC)
Rank: Super forum user
peter gotch
Good morning All.

I'm trying to remember at least one prosecution for a road traffic accident involving excessive working hours.

I realise there's a legal (rather than moral) difference between fatigue and then the commute (i.e. not within the course of employment) and fatigue and driving at work.

Can anyone cite cases on this?

I've tried the RoSPA and BRAKE web sites without success.

Regards, Peter
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martinw  
#2 Posted : 23 May 2012 12:06:07(UTC)
Rank: Super forum user
martinw
Peter

I found this on an internet search

Case Studies
‘Tiredness can kill’ signs on the motorway are there for very good reason and fleet managers will only be too aware of the problems of too many hours behind the wheel. However some companies will find themselves in hot water if they do not effectively monitor a driver’s time on the road. In Michael Eyres v. Atkinsons Kitchens and Bedrooms (2007) a worker was paralysed after being flung from his van after falling asleep at the wheel. He had been working for 19 hours and the court found that the company’s philosophy and culture had encouraged excessive hours and placed him at risk of such an accident. His employer was found liable for his injuries and ordered to pay damages. This case is a strong reminder to employers of the need to manage occupational road risk. Companies need to be sure that their employees are in a fit condition to drive and have had adequate quality sleep before getting behind the wheel.

regards

Martin
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Graham Bullough  
#3 Posted : 23 May 2012 12:39:29(UTC)
Rank: Super forum user
Graham Bullough
peter - Though I can't cite specific cases as you request, it may be relevant to mention that earlier this week BBC TV's "Breakfast" programme featured a man named Martin Spinelli whose wife was killed and son was seriously injured 6 years ago when an articulated lorry ploughed into a car containing the wife and son while it was on a motorway hard shoulder. The police investigating the crash found that the Belgian driver had been driving without any break for at least 16 hours and had almost certainly fallen asleep at the wheel. As a result the driver was convicted of causing death by dangerous driving. Further details (e.g. whether the driver was employed or self-employed, and how he was punished) don't seem to be readily available from the few webpages I've looked at. Perhaps some information will be included in Martin Spinelli's book "After the crash" which has just been published and is prompting considerable media attention at present.

As an aside to this thread, in one website video clip Martin Spinelli mentions receiving £625,000 as compensation for his wife's death and added that its level was insulting. It's not appropriate for us to comment on the specific case because we don't know the details, including how complex or protracted the claim process had been. However, on a general note regarding compensation after any avoidable death, I guess that almost any sum seems derisory to the recipients.

On a further note, traffic police officers no doubt have difficulty regarding driver fatigue because it's very difficult to measure/quantify. By contrast they have sophisticated equipment and procedures regarding driver alcohol levels. Also, though legislation exists regarding breaks for drivers of heavy good vehicles (HGVs) and coaches, etc., it seems that most drivers in the UK are not subject to any specific requirement regarding breaks and amounts of sleep, etc - just a general obligation to be sufficiently awake and alert to drive safely. It's only after a road accident/tragedy has occurred that it seems that police can point to fatigue as a likely factor during any subsequent prosecution.
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imwaldra  
#4 Posted : 23 May 2012 12:48:27(UTC)
Rank: Super forum user
imwaldra
Peter,
The incident where a car + trailer went off the side of a motorway and ended up on a railway, followed by fatalities when hit by a train is one incident I recall when excessive hours were a key cause. As I recall, he evacuated the car and survived, but was prosecuted and jailed. Sorry I havn't the time/energy right now to research a bit more and thus provide accurate details.
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peter gotch  
#5 Posted : 23 May 2012 13:23:26(UTC)
Rank: Super forum user
peter gotch
All

Just goes to show how useful these forums are.

Ian - Selby rail crash - your mentioning the trailer did it for my google search. http://en.wikipedia.org/wiki/Great_Heck_Rail_Crash

Graham - yes I saw Martin Spinelli and his son on Breakfast.

....Martin - just the sort of case I was looking for.

Thanks to all. P
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Graham Bullough  
#6 Posted : 23 May 2012 14:29:10(UTC)
Rank: Super forum user
Graham Bullough
The website quoted above about the Great Heck/Selby rail crash mentions that the vehicle driver who caused the crash was conveying a car on a trailer. This reminds me that over New Year 1983 my car developed an engine fault during a long journey. As it couldn't be fixed at the roadside within a reasonable time and no garages were open at the time, the operator/driver of the breakdown vehicle took my car, my passengers and I all the way to our intended destination.

During our conversations with the driver, it transpired that he had been working fairly long hours over the recent festive period and that, unlike HGV drivers, breakdown vehicle operators like himself didn't seem to be subject to specific requirements regarding driving breaks and rests. Needless to say, my passengers and I hoped that he wasn't too tired and did what we could to ensure he stayed awake! The breakdown organisation to which I subscribed used numerous independent operators in different parts of the UK to provide services to its members. One of the organisation's claims about its services was that vehicles which needed conveying would be taken direct to their intended destination. By contrast two main rival organisations had their own breakdown vehicle fleets driven by their own employees. As the drivers were subject to broad regional/geographical limits, vehicles being conveyed over long distances might need one or more transfers (relays) between different breakdown vehicles.

Please can anyone with reasonable knowledge of breakdown services advise if independent operators of the sort I used in 1983 are still exempt from requirements regarding breaks and rest? If they are, perhaps it's safer to use organisations which use drivers who have limits to their geographical operation and driving hours, even if their conveyance services over long distances may take more time!
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andybz  
#7 Posted : 23 May 2012 15:50:28(UTC)
Rank: Super forum user
andybz
Mark Fiebig fatality was a case of excessive working rather than driving hours. Is this what you were interested in?

http://www.hazards.org/2young2die/#markfiebig
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Canopener  
#8 Posted : 23 May 2012 19:05:40(UTC)
Rank: Super forum user
Canopener
My very brief passing comment before I get called for my tea :-).

If it hasn't already been said - surely, the Produce Connection case!!!!!!!!!!!!!
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peter gotch  
#9 Posted : 24 May 2012 13:10:17(UTC)
Rank: Super forum user
peter gotch
Andybz and Canopener.

Thanks for flagging the Produce Connection case up!

Regards, Peter
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jfw  
#10 Posted : 24 May 2012 17:07:48(UTC)
Rank: Forum user
jfw
quote=Graham Bullough]

Please can anyone with reasonable knowledge of breakdown services advise if independent operators of the sort I used in 1983 are still exempt from requirements regarding breaks and rest? If they are, perhaps it's safer to use organisations which use drivers who have limits to their geographical operation and driving hours, even if their conveyance services over long distances may take more time!


The legislation that would apply is :-

The GB domestic rules, as contained in the Transport Act 1968

If you drive, you will need to follow GB drivers' hours rules if the vehicle or vehicle combination - eg a van with a trailer - has a maximum permissible gross weight of 3.5 tonnes or less, and is operated entirely within Britain.

Under the GB drivers' hours rules you are allowed to drive a commercial/passenger carrying vehicle, (van/truck/minibus), in connection with your work for a maximum of ten hours in any 24-hour period.

The definition of driving is being at the controls of a vehicle for the purposes of controlling its movement with the engine running. This applies whether it is moving or stationary.

The total amount of time you are permitted to be 'on duty' for in the same 24-hour period, is 11 hours.

"On duty" is the time between clocking on and clocking off for the day, i.e the full duration of your working day.

Note that if you drive for fewer than four hours in a day, there are no restrictions on duty time.

If you drive , to comply with the GB rules you must:

•Take a break of at least 30 minutes when you have been driving for 5.5 hours. Alternatively, within a period of 8.5 hours, you must take breaks that add up to at least 45 minutes. This is so that you are not driving for more than seven hours and 45 minutes. You must take an additional break of 30 minutes at the end of this period to get refreshments, unless it is the end of the day.
•Ensure that in any working day the maximum amount of driving is ten hours. You should also make sure that you should work no more than 16 hours between the times of starting and finishing work.
•Take a continuous rest of ten hours between two consecutive working days. You can reduce this to 8.5 hours up to three times a week.
•Have at least one period of 24 hours off duty in any two consecutive weeks.

If you do not comply with the drivers' hours rules you could be penalised/prosecuted.
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