Driving home whilst fatigued
Joined: Feb 2011
Posts: 66
Likes: 25
From: UK
You can almost see how this would play out in court should this happen...
Defence: ”’The European Aviation Safety Agency’ says my client is in a fit state to land a xxxtonne aeroplane with 300 people on board, in some of the busiest airspace in the world. Faced with such complete and overwhelming scientific evidence, would the prosecution care to elaborate on how they think my client is not fit to drive a car?”
Prosecution: “Certainly. We hoped you might say that...”
Can open. Worms everywhere.
Defence: ”’The European Aviation Safety Agency’ says my client is in a fit state to land a xxxtonne aeroplane with 300 people on board, in some of the busiest airspace in the world. Faced with such complete and overwhelming scientific evidence, would the prosecution care to elaborate on how they think my client is not fit to drive a car?”
Prosecution: “Certainly. We hoped you might say that...”
Can open. Worms everywhere.
Joined: Jun 2003
Posts: 3,648
Likes: 693
From: UK
There have been many cases where employers have failed in their duty of care when it comes to driving home after very long shifts. Which is why many employers have policies in place to ensure that local accommodation is available in such circumstances. Furthermore, once the policy is there, if the employee decides to not use it and then has an accident, the liability shifts on to the employee.
Joined: May 2010
Posts: 34
Likes: 7
From: The Tarn
Wild guess here - you're not a pilot.
There have been many cases where employers have failed in their duty of care when it comes to driving home after very long shifts. Which is why many employers have policies in place to ensure that local accommodation is available in such circumstances. Furthermore, once the policy is there, if the employee decides to not use it and then has an accident, the liability shifts on to the employee.
There have been many cases where employers have failed in their duty of care when it comes to driving home after very long shifts. Which is why many employers have policies in place to ensure that local accommodation is available in such circumstances. Furthermore, once the policy is there, if the employee decides to not use it and then has an accident, the liability shifts on to the employee.
https://www.bailii.org/cgi-bin/forma...title:(+Eyres+))
Joined: Dec 2001
Posts: 324
Likes: 0
From: UK
Mm. Interesting reading the links but I think there’s a distinction worth remembering. It does seem there’s been civil cases bought forward by claimants holding their employers liable for personal damages.
To stay on track, keeping it simple and, for the purposes of the question the OP asked. I still think think it worth re emphasising the law lot hold a driver responsible. So work outwards from there.
For instance quite common for a fatal RTC for at least one driver to be quickly arrested on suspicion. Work from there and keep yourself right.
I see it unlikely you’d escape some sort of legal attention if you caused a crash by nodding off or were reported for the offence of driving without due care and attention. Of course, the employer could perhaps also be persued by the authorities but you’d have to be whistling a pretty good tune for your employer to cop full responsibility for driving offences.
The dual persueing is perhaps more common in companies associated with road transport such as hauliers and coach firms holding O licences. The DVSA and Police are particularly energetic at perusing companies in that regard alongside their drivers.
To stay on track, keeping it simple and, for the purposes of the question the OP asked. I still think think it worth re emphasising the law lot hold a driver responsible. So work outwards from there.
For instance quite common for a fatal RTC for at least one driver to be quickly arrested on suspicion. Work from there and keep yourself right.
I see it unlikely you’d escape some sort of legal attention if you caused a crash by nodding off or were reported for the offence of driving without due care and attention. Of course, the employer could perhaps also be persued by the authorities but you’d have to be whistling a pretty good tune for your employer to cop full responsibility for driving offences.
The dual persueing is perhaps more common in companies associated with road transport such as hauliers and coach firms holding O licences. The DVSA and Police are particularly energetic at perusing companies in that regard alongside their drivers.
Last edited by Wireless; 19th October 2018 at 13:01.
Joined: May 2010
Posts: 34
Likes: 7
From: The Tarn
The important thing to understand from the case I cited is that an employer owes a duty of care to his employee not to allow or indeed require the employee to undertake a system of work which leads to a foreseeable risk of injury. This is basic employers liability law since the 19C. So if your employer requires you to work x hours knowing that at the end of the work you're having to drive back home knackered, even listening to LBC, there is every likelyhood that the employer will be liable to you (and any other unfortunate injured when you nod off as well) for the resulting injuries.
Joined: Dec 2006
Posts: 159
Likes: 7
From: uk
Many moons ago I worked for a night freight outfit. A very explosive job!! I used to drive home at night very tired. I used to pull in at motorway service areas and recline the seats and take a nap, but only for 20minutes, set on an alarm. I used to use the freight parks because there were drivers of HGV's doing the same and it was dark and quiet. One early morning I pulled into Fleet on the M3 and parked behind a large HGV. I woke up from a deep sleep to see, out of the windscreen,the tail lights of said HGV as he was preparing to move out, duly illuminated and 6 feet from me ! The brake pedal was straightened out eventually and it took 3 trips to the dry cleaners to get my trousers clean and I never tried it again
Joined: Apr 2012
Aviation Qualifications: PPL
Posts: 402
Likes: 18
From: UK
I know of at least one industry where companies tend to stipulate that you must live within a certain distance and/or commuting time of your place of work. The idea is that fatigue during commuting adds to fatigue on the job and vice versa.
The investigation into the tram crash at Sandilands near Croydon found that the driver of the tram was severely affected by fatigue, his colleagues had reported similar problems, yet distrust between the workers and management meant that it had not been reported effectively.
So, it can cause very serious problems, I suppose one of the solutions is to live fairly close to work and/or avoid driving.
The investigation into the tram crash at Sandilands near Croydon found that the driver of the tram was severely affected by fatigue, his colleagues had reported similar problems, yet distrust between the workers and management meant that it had not been reported effectively.
So, it can cause very serious problems, I suppose one of the solutions is to live fairly close to work and/or avoid driving.
Joined: May 2001
Posts: 2,023
Likes: 170
From: uk
I used to drive through the Cotswolds to BHX for many years and had two accidents coming home after night flights which I could only put down to being fatigued.No personal damage done but two very bent cars.
I was also taken out by a fully grown red deer early one morning just south of Wellesbourne.......thank you Bambii !
I was also taken out by a fully grown red deer early one morning just south of Wellesbourne.......thank you Bambii !
