Convicted of fatigued driving: who, why and how?

Fatigue is a major cause of road traffic accidents. However, due to the blurred concept of fatigue and the lack of reliable testing devices (cf. the breath analyzer for alcohol levels), it is extremely difficult to incorporate fatigue in operationalized terms into either traffic or criminal law. Even though the Finnish Road Traffic Act explicitly forbids driving while tired, it is done only on a general level among other factors (sickness, etc.) that impair a driver's fitness to drive (Article 63). The present study was done to investigate the circumstances of fatigue driving offenses. From the Finnish Vehicle Administration driver record database we extracted all drivers (N=768) punished under Article 63 from 2004-2005. Of these drivers, 90.4% committed a fatigue-related traffic offense. Accidents, predominantly single vehicle, were the most common (92.5%) consequence of fatigued driving. Although fatigue-related accidents are thought to be serious, our data shows that most of the accidents (81.6%) did not involve personal injuries. Almost every twentieth driver was punished because his vehicle was drifting on the road. The presence of alcohol or drugs was noted in 13% of the cases. Only 3.1% of the punished drivers officially denied being tired or falling asleep. Young men (< or =35 yrs) represented 50% of all punished drivers. Time of day and seasonal effects were clear in this data. This study shows that even without a reliable fatigue detector and unambiguous criteria for recognizing the contribution of fatigue to accident causation, Finnish police and the courts punish a significant number of drivers every year on the basis of fatigue.