Fitness to drive / fatigue policy – how far does it get you?

This week, in the last of her articles on fitness to drive legal updates for driver managers, Charlotte Le Maire of LMP Legal looks at fatigue. In the realm of fleet management and legal compliance, the significance of having a robust process, reinforced by a well-documented policy on driver health, fatigue, and driver well-being, cannot be overstated.

Your fatigue policy – fit for purpose?

I have a ‘fitness to drive / fatigue policy’ so that covers me, doesn’t it?

The answer to this isn’t just a straight yes or no. The truth is, it’s a start. But only a start.

In the realm of fleet management and legal compliance, the significance of having a robust process, reinforced by a well-documented policy on driver health, fatigue, and well-being, cannot be overstated. This policy serves not only as a guide for managing these critical factors but also as a vital line of defence in the event of a serious incident. Let’s delve into the importance of such policies and the repercussions of their absence.

A comprehensive policy provides a clear legal and ethical framework for both employers and drivers. It delineates responsibilities, procedures, and best practices, ensuring compliance with regulatory standards.

A good policy doesn’t just outline actions post-incident; it actively works towards preventing incidents. By addressing driver health and fatigue proactively, it minimises risks associated with impaired driving.

Your legal responsibilities – driver fatigue

However, a policy alone is simply not enough. Effective policies need to incorporate ongoing training and awareness programs, helping drivers and managers recognise the signs of fatigue and health issues and understand the importance of well-being.

During Court proceedings or any proceedings in front of the Traffic Commissioner, they will not say ‘tell me what you have done’ they will say ‘show me’.

Managers need to continually think how to evidence the fact that someone has been shown or trained in terms of their responsibilities, which includes the importance of fitness to drive and fatigue.

Fatigue is all too common and accepted as ‘the norm’. However, driving while fatigued can be the equivalent of driving having consumed up to 4 pints of beer.  The effects are very similar. Therefore, whilst having a policy is crucial, it is the training out and implementation (following the policy) that is critical.

That being said, the consequences of not having a policy at all are clearly significant.

In the absence of a policy, companies and drivers are at a higher risk of non-compliance with laws and regulations, leading to potential legal actions and fines.

Without a policy to manage and monitor health and fatigue, the likelihood of collisions due to impaired driving increases significantly.

An incident resulting from inadequate management of driver health and fatigue can lead to severe reputational damage, impacting client trust and business continuity.

Collisions not only lead to direct financial losses in terms of damage and legal costs but can also result in increased insurance premiums.