National Sleep Foundation. State of the States Report on Drowsy Driving: Summary of Findings. November 2008

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1 National Sleep Foundation State of the States Report on Drowsy Driving: Summary of Findings vember

2 Executive Summary Drowsy is an under-ed and under-recognized public safety issue plaguing America s roadways. In order to assess how states currently address the issue of and to formulate strategies to further combat driver fatigue, the National Sleep Foundation (NSF) has issued its 2008 State of the States Report on Drowsy Driving. The survey was administered to each of the fifty states and Washington, D.C., and covered topics that NSF believes to be at the root of the under-identification of, and the inadequate response to and fall-asleep crashes. The survey investigated the following: legal provisions used for citing or prosecuting drivers, police training, physician ing requirements for, provisions in graduated driver s (GDL) laws, and al efforts through driver classes and the state driver s manuals. The responses revealed that there is a general awareness of on the state level, but a need for new efforts enforcement, and other prevention efforts. For instance, no states law that addresses non-fatal, sleep-related -vehicle crashes, and only the State of New Jersey has a specific statute (Maggie s Law) that criminalizes in a fatal crash. The New Jersey law has done much to raise awareness of fatigue, but has not been widely used due to its very narrow definition of fatigue a person has to be awake for 24 hours or more. With regard to data collection, one positive statistic was revealed. All but one state (Missouri) include a code for fatigue or sleepiness on their police crash form. It is interesting to note that the State of Missouri had such a code in the past, but removed it recently for an unknown reason. Proper codes for sleep and fatigue are important to collecting accurate data on fatigue-related crashes; however, the value of these codes relies on the officer s ability to identify the characteristics of such crashes when they occur. To this affect, less than 40% of law enforcement agencies educate their officers on the on performance or proper countermeasures, diminishing the role of any related codes. Finally, with regard to the driver s process, 46 states have graduated driver systems in place with some type of. Establishing these s is now a task for state governments since young people are the largest at-risk group for fall-asleep crashes due to social schedules and chronic sleep deprivation. Finally, only 17 states be taught in driver s classes, and only slightly more than half of the states included some related in their driver s manuals. It is important to note that NSF reviewed all of the sleep and fatigue provided in driver manuals and determined that a number of states perpetuate some myths and scientifically inaccurate regarding countermeasures. NSF believes that it is crucial that accurate be given to America s drivers and will follow up with these states to seek changes to their manuals. Upon receipt of these surveys and the analysis of the data, the National Sleep Foundation urges states to: Establish and enforce laws; Develop public and campaigns aimed at drivers, parents, and employers; Increase training on the effects of fatigue for law enforcement officers including prosecutors and the judiciary; Establish graduated driver systems with s starting at 10:00 pm. This will ensure inexperienced drivers are off of the roads at unsafe times and allow them additional opportunity for sleep; and Mandate the inclusion of accurate sleep and countermeasure in driver s classes and driver s manuals. 2

3 ? police on be in AL C Reckless if conduct shows a willful and wanton disregard for safety. Manslaughter or criminally negligent, depending on if actions are deemed reckless or negligent. Doctors cannot be sued if they do a patient. d - Apparently asleep (12am-6am), but it is mentioned. AK C- Reckless endangerment or reckless Manslaughter or criminally negligent. - Fell asleep - Loss of consciousnes s 1am-5am AZ C- Reasonable and prudent speed Vehicular - Fell asleep, but intermediate license stage AR C Careless Misdemeanor version of negligent d, but limited 12am-5 am 3

4 ? police on be in CA C- Moving violation Vehicular manslaughter CO C Careless Driving Careless caused death Sleep apnea Narcolepsy - Sleepy / Fatigued - Asleep at the wheel - fatigue CT D General statutes; Most likely a moving or other type violation Misconduct with a vehicle or negligent Sleep apnea Narcolepsy - Fell Asleep DE C- Inattentive Vehicular (if negligent) Inattentive (if not negligent) d/ Asleep 10pm-6am 4

5 ? police on be in DC C- Failure to pay full time and attention Manslaughter or second degree murder d - Apparently asleep Sep-Jun: Mon-Thu 11pm-6am Fri-Sat 12am-6am Jul-Aug: everyday 12am-6am FL C Careless Would only charge a moving or other violation that contributed to the crash. Physicians cannot be prosecuted. / asleep 11pm-6am, but it is mentioned GA C- Distracted or whatever other violation that may have resulted from the occurrence. 2 nd Degree vehicular - Apparently fell asleep 12am-6am HI F response response response response 5

6 ? police on be in ID C Inattentive Manslaughter - A Drowsy d Sunsetsunrise. IL C Improper lane usage, failure to reduce speed to avoid an accident Improper lane usage, failure to reduce speed to avoid an accident - A Fainted d 10pm-6am IN C- Reckless Reckless or involuntary manslaughter - asleep or fatigued Sun-Thu, Fri & Sat 1am-5am IA F charge charge - Asleep, fainted, fatigued, etc. 12:30-5am 6

7 ? police on be in KS C Failure to maintain a single lane or reckless Anything up to vehicular manslaughter - Fell asleep response, but it is mentioned. KY C- Moving violation to reckless depending upon the severity of the crash and other factors. LA D Reckless or careless operation Charge could be anything from reckless to manslaughter depending upon the severity of the crash and other factors. Vehicular ME C- charge charge Physicians cannot be sued if they do. - Fell asleep - Lost consciousnes s/ fainted d, but minimal Some local training, but not state wide. 12am-6am Sleep apnea Cataplexy Narcolepsy - Asleep d 7

8 ? police on be in MD C+ Negligent Driving Manslaughter MA C+ Negligent operation or operating to endanger Motor vehicle or negligent operation, but does call for discretionary ing for " characterized by lapses of consciousness " d/ Asleep for learners permit (under 18), but it is mentioned. 12:30am- 5am Junior Operator, ages MI C+ Reckless, careless, felonious Negligent or manslaughter - Asleep, but limited and sporadic 8

9 ? police on be in MN C Inattentive, careless, reckless Criminal vehicular operation (if gross negligence) 12am-5pm MS B- Reckless or careless Homicide, excusable, grounds for suspension/ revocation of licenses - Fell asleep, fainted, or fatigued 10pm-6am MO D+ Careless and imprudent Involuntary manslaughter, 2 nd degree (if proven negligent), but up for interpretation (not explicit). Physicians are immune from prosecution. Includes box for physical impairment, which could from fatigue. 1am-5am MT C Careless, reckless, or negligent Negligent Narcolepsy Voluntary ing - Fell asleep, fainted, etc. 9

10 ? police on be in NE D Careless or reckless Motor vehicle d/ Sleep, but minimal 12am-6am NV D+ charge Vehicular d/ Asleep 10pm-6am NH D Negligent or reckless operation Negligent - Asleep 1am-5am NJ C+ Reckless or careless Death by auto or vessel (criminal statute applies if there is proof that the defendant fell asleep while without sleep for a period in excess of 24 consecutive hours Maggie s Law ) 10

11 ? police on be in NM D+ Careless Vehicular or great bodily harm by careless / Asleep NY C+ Moved from lane unsafely Moved from lane unsafely / - Fell asleep. 9pm-5am NC C+ Careless, reckless Misdemeanor, death by vehicle Narcolepsy Cataplexy - Fell asleep, fainted, loss of consciousness 9pm-5am response ND D+ Failure to drive with due care Reckless endangerment Physicians immune from legal prosecution. - Asleep 11

12 ? police on be in OH C+ Failing to maintain reasonable control of your automobile Vehicular manslaughter or aggravated vehicular assault / Asleep - Fell asleep, fainted, fatigued, etc. 12-6am for 16- yr olds 1-5am for 17- yr-olds. OK C- Failure to devote time and attention, probably failure to operate vehicle properly Negligent and manslaughter / Pedestrian Condition: - Very tired - Sleepy Unsafe/ Unlawful Contributing Factors: - Apparently sleepy OR C Negligence or recklessness. Possible criminal charges. Negligence or recklessness. Possible criminal charges. / Drowsy response response 12

13 ? police on be in PA C At the discretion of the law officer At the discretion of the law officer or prosecutor., but very vague. - Asleep RI F Unknown. Defer to prosecution/ enforcement Unknown. Defer to prosecution/ enforcement. Voluntary ing - Fell asleep, fainted, fatigued, etc. 1am-5am response SC D+ Driving too fast for Driving too fast for. / sleep, but very brief, except for for drivers under 16 with Learners Permit 10pm-6am SD C- Careless or reckless. Manslaughter.. d/ Asleep 10pm-6am 13

14 ? police on be in TN D Possibly careless or reckless. Vehicular impaired, DUI. Sleep, no. 1) Apparently fatigued 2) Apparently asleep 11pm-6am response TX C- response response response response Sleep apnea Narcolepsy d or asleep - Taking medication (exp. in narrative) UT D+ Improper lane travel or failure to maintain control of the vehicle. Automobile or negligent. : physician instructed to gauge sleepiness., but immune from legal prosecution if they do. / Asleep VT D+ Negligent operation or grossly negligent operation. Negligent operation or grossly negligent operation with fatality resulting.. d/ Asleep response response 14

15 ? police on be in VA D+ Reckless Manslaughter, limits based on function. Voluntary ing Distractions: - fatigue 12am-4am Condition of / Pedestrian d - Apparently asleep WA C+ Negligent or reckless (criminal traffic citation) Vehicular - Apparently asleep - Apparently fatigued 1am-5am WV C Failure to maintain control Negligent d - Asleep response 15

16 ? police on be in WI D+ Reckless or failing to maintain control Homicide by negligent operation of vehicle Condition: - Reduced alertness Factors: - Inattentive WY C+ Failure to maintain a single lane Vehicular manslaughter - Fell asleep, fainted d response 2008 National Sleep Foundation 16