Roadside tiredness tests would be ‘quite subjective’ after calls for law changes

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There have been calls in recent weeks for motorists to take care when at the wheel and ensure they are not fatigued or tired when driving.

In the UK, drivers of heavy goods vehicles (HGVs) are restricted to driving for nine hours per day, which can be increased to 10 hours, but only twice a week.

The maximum number of hours they are allowed to drive per week is 56, with most drivers having to break up their day with at least two breaks.

This is done to ensure they remain safe on the roads and do not put themselves or other road users at risk.

Despite this, there is no limit on how long a driver can remain on the road if they are a private driver, as the law does not compel them to take a break.

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Nick Freeman, also known as Mr Loophole for successfully defending A-list clients on the basis of legal technicalities, commented on the viability of blood tests as a way to measure tiredness.

This was proposed following research from the Australian Government, which found people driving on less than five hours of sleep is as dangerous as being over the legal drink driving limit in many countries.

Speaking to Express.co.uk, Mr Freeman said: “The problem with tiredness is that it can be quite subjective. 

“You can have a good night’s sleep, still feel tired and still start to feel fatigued on a journey perhaps through slow traffic or the monotony of the route. 

“A blood test which measures how long we’ve been awake won’t react to such nuances.”

Research has shown that fatigue is a major cause of road crashes in the UK, with between 10 and 20 percent estimated to be caused by tiredness.

Motoring ability can deteriorate after two hours of continuous driving, as the drivers may lose their concentration and respond more slowly to danger.

The risk of fatigue is exacerbated at certain times, generally between 2am and 6am, and again between 2pm and 4pm.

Especially in the morning, drivers will be more susceptible to being tired because naturally, that is when people are asleep.

Mr Freeman added: “You can tell if you’re too tired to drive if you start yawning or blinking or drifting over lanes. 

“It’s not enough to open a window or turn up the radio – you must stop at the first safe place, though not a hard shoulder. 

“Have a cup of coffee and a nap and don’t set out again until you’re sure you feel refreshed. Otherwise, the consequences could be lethal.”

The Highway Code suggests that drivers should take a 15-minute break for every two hours they are on the road, as well as avoiding long journeys between midnight and 6am when natural alertness is at a minimum.

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