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Road Safety Bill [HL]

My Lords, this has been a most interesting debate on an important issue that the Government take very seriously. First, the amendment suggests that the Government should have a policy in this area. We have one and I want to describe how it works in a moment. The amendment also requires that those taking practical driving tests should be given information about the risks associated with undiagnosed sleep disorders. We ensure that that occurs. The Highway Code provides advice in Rule 80. It states:"““Driving when you are tired greatly increases your accident risk””." It tells drivers to ensure that they are fit to drive and to avoid journeys when they are tired or likely to be so. The DVLA has a publication on the current medical standards of fitness to drive, which includes a section on sleep disorders and makes specific mention of sleep apnoea. The guide is freely available to medical practitioners and the public at large from the DVLA website and the DVLA also has a leaflet, Tiredness Can Kill, for drivers and that is distributed to sleep clinics. The amendment is concerned with undiagnosed sleep disorders. We know that sleep does not normally occur suddenly or without warning although, as the noble Lord, Lord Renton, said, when it does it comes as a severe shock to the normally safe driver. People are very well advised to take medical advice immediately or to do what the noble Lord did, which was to decide that he ought not to drive if he was vulnerable in that way. We run publicity campaigns to highlight the dangers of falling asleep at the wheel. The most recent major campaign was launched last Easter, on which more than one third of a million pounds was spent. Noble Lords will also be aware that in certain crucial parts of our motorway system we have warning signs saying that tiredness can kill. We are aware of the percentage of accidents where it is fairly clear that loss of concentration has gone beyond that of just concentration when the accident occurred. We tackle the issue of medical conditions of those who apply for driving licences. All drivers must meet specific health requirements. Every applicant for a driving licence must make a declaration that they are fit to drive. A question on sleep disorders is included, but of course the report covers a great deal more than that. The law already applies not just to applicants for driving licences, but also to existing licence holders. Any drivers who have a medical condition which may affect their ability to drive safely, including one which may cause them to fall asleep at the wheel, are required by law to notify the Driver and Vehicle Licensing Agency. That goes beyond the amendment. It applies to existing licence holders. We rely on educating drivers about the risks, but the police can take action and prosecute irresponsible drivers who drive carelessly or dangerously because they are sleepy. The courts take this issue seriously. Falling asleep at the wheel is treated as an aggravating rather than a mitigating factor when considering sentencing in respect of accidents that have occurred through careless or dangerous driving. I want to assure my noble friend that the Government share the objectives behind the amendment, but we have a policy and a process which tackles this issue. On that basis, I hope that my noble friend feels reassured enough to withdraw her amendment.