HC Deb 06 May 1964 vol 694 cc1272-4
28. Mr. Longden

asked the Minister of Transport if he is aware that under the existing law a motorist who is overcome by sleep so that he is unable properly to control his vehicle is committing an offence if he pulls in and rests until fully awake; and if he will introduce legislation to ensure that such action is not in future indictable.

Vice-Admiral Hughes Hallett

No, Sir. Under the Motorways Traffic Regulations a driver may stop on the verge in certain circumstances, including accident, illness or other emergency, for as long as is necessary in those circumstances. We do not propose to amend the Regulations in this respect. If a driver begins to feel sleepy, this seldom indicates an emergency. He should open a window to let in some fresh air and either go to the next service area or leave the motorway at the next exit.

Mr. Longden

I thank my hon. and gallant Friend for that Answer. Does not the law which he has described apply only to motorways and not to ordinary roads? Can my hon. and gallant Friend think of anything more asinine than a law which penalises a driver if he pulls in because he finds himself unable to go on driving, for whatever the cause?

Vice-Admiral Hughes Hallett

That depends entirely on where the driver pulls in and how the car is parked when he stops. But the Regulations about not stopping on the verge, or on the hard shoulder as it is sometimes called, apply to motorways only. I hope that I am not misinforming the House, but I do not think that there is any regulation which prevents a driver from pulling up on to the grass verge on a road which is not a motorway, provided that his vehicle is clear of the roadway.

Mr. Strauss

Can the Minister confirm that? I think that it will come as a surprise to the whole House if there is, according to the hon. Member for Hertfordshire, South-West (Mr. Longden), a law which makes it an offence for a driver to pull into the verge in conditions where, obviously, in the interests of safety he ought to do so? Will the hon. and gallant Gentleman lock carefully into the matter and, if the hon. Member for Hertfordshire, South-West is justified in what he has said, will he take some action about it? Is he aware that the Question applies to roads generally and not to motorways, and that his Answer seemed to apply to motorways?

Vice-Admiral Hughes Hallett

The reason I applied it to motorways is that it is the Motorways Traffic Regulations which have been criticised on these grounds, because there is a definite prohibition from pulling on to the verge or the hard shoulder. I will pursue the matter in greater detail as the right hon. Gentleman asks. So far as I know, parking on an ordinary road becomes an offence only if an obstruction is created or if it is dangerous parking. I speak under correction, but I should have thought that a motor car parked completely clear of the roadway would not result in an offence being committed.

Mr. Gower

Except on a motorway or a clearway, can my hon. and gallant Friend give a single reason why a motorist, travelling on a fairly clear road, should not be able to pull up and, if necessary, go to sleep in daylight? Can there be any objection to that?

Vice-Admiral Hughes Hallett

I can think of one or two reasons, but I do not think that they would arise from this Question.

Mr. Manuel

Is the Minister aware that he should be devoting his attention to the question of those drivers of motor vehicles who are overcome by fatigue? Is he aware that there is increasing evidence that many vehicle drivers drive for excessive hours, sometimes as long as 17 hours, and cause danger on the road which results in many accidents? Is he aware that the other night there was a television programme which would have been edifying for the Minister?

Vice-Admiral Hughes Hallett

We are aware of this problem, but that is a different question.