§ 26. Mr. Longdenasked the Minister of Transport if he will introduce legislation to ensure that, when a motorist is overcome by the approach of sleep from whatever cause and pulls into the side of the road to rest, he will not thereby render himself liable to prosecution.
§ Mr. SwinglerNo, Sir. I am not aware of any reasons for introducing legislation on this subject.
§ Mr. LongdenIs the hon. Gentleman aware that I asked this Question because recently a motorist was prosecuted for pulling into the side of the road and going to sleep in the back of his car when he felt too tired to drive on? This does happen from time to time. Even if the fatigue in such cases is the lamentable result of a surfeit of alcohol, surely the safest and most sensible thing to do is to pull up? If the law takes such drivers to task for doing so, is not the law an ass?
§ Mr. SwinglerThis is something for the exercise of common sense rather than legislation. We cannot legislate to relieve people of the liabilities of creating obstruction on the roads. [HON. MEMBERS: "No."] That is what is implied. [HON. MEMBERS: "No."] Obviously, motorists must exercise their judgment if they are being overcome by fatigue and move off the main highway on to some place in which they are not creating an obstruction but where they can nevertheless have a rest. This matter is best left to the judgment of motorists.
§ Mr. LongdenThere was no question of obstruction in the case I quoted.
§ Mr. StraussIs my hon. Friend aware that there is a genuine legal difficulty in this respect? Under the Motorway Regulations and the Clearway Orders it is illegal for a motorist who is overtired and wants to park on the verge for a little rest to do so, even if he is not causing an obstruction? I appreciate that this is a difficult subject, but would not my hon. Friend give it further consideration?
§ Mr. SwinglerI am willing to do that but there are a number of difficulties. It is suggested that we take legislative action but there are places on these highways where a motorist is permitted to draw off and go to sleep in the back of the car if he can. There are ways and means whereby he can rest without causing an obstruction. In view of the opinions expressed, however, we will certainly give this further consideration.
§ Sir Knox CunninghamIs the hon. Gentleman satisfied that the law allows a 1219 motorist to pull into a lay-by on a main road and sleep? If the law does not allow it, will the hon. Gentleman introduce legislation to clarify the position?
§ Mr. SwinglerI would have thought myself that this was something that we should leave to the motorist, to exercise good judgment in the interests of himself and of other motorists by finding the best place to rest without causing obstruction. However, as I have said, we will consider these representations again. The difficulties must not be under-estimated.