Fatigue and the criminal law

Ind Health. 2005 Jan;43(1):63-70. doi: 10.2486/indhealth.43.63.

Abstract

Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal consideration and future directions for research are discussed.

Publication types

  • Legal Case
  • Review

MeSH terms

  • Accidents, Traffic / legislation & jurisprudence*
  • Accidents, Traffic / prevention & control
  • Accidents, Traffic / psychology
  • Automobile Driving / legislation & jurisprudence*
  • Automobile Driving / psychology
  • Criminal Law / legislation & jurisprudence*
  • Dangerous Behavior
  • Fatigue*
  • Humans
  • Risk Factors
  • Risk-Taking
  • Safety / legislation & jurisprudence*
  • Sleep Deprivation / complications*
  • Sleep Deprivation / psychology