Driver Fatigue: Why Your Fleet Needs a Policy And the Legal Risks If You Don’t

Driver fatigue is one of the most underestimated risks in fleet operations. Unlike a burst tyre or a failed brake light, it’s not always visible until it’s too late. Yet UK law treats fatigue as a foreseeable and preventable hazard. If a driver causes a crash whilst knowingly tired or deprived of adequate rest, and there’s no robust policy in place to manage such risks, the employer may also be held liable.

This article explores the legal framework surrounding driver fatigue and what practical steps fleet leaders should take to ensure compliance and protect lives.

The Legal Foundations of Fatigue Risk

In the UK, employers have a statutory obligation to safeguard the health, safety and welfare of their employees and anyone else who may be affected by their work, under the Health and Safety at Work etc. Act 1974. That duty doesn’t end at the workplace door. It extends to any work-related activity, and obliges employers to address known risks, including fatigue.

Other legal frameworks reinforce this duty. The Management of Health and Safety at Work Regulations 1999 require employers to carry out suitable and sufficient risk assessments, and whilst driver fatigue is not a standalone offence, it is addressed under the Road Traffic Act 1988  through the broader offences of careless or dangerous driving.

Collectively, these laws establish a clear principle: fatigue creates a foreseeable risk, and employers must have systems in place to manage it.

Fatigue: A Low-Incidence, High-Impact Risk

Some organisations may consider fatigue-related incidents to be relatively uncommon.  However, such incidents may be hidden under the guise of inattention or simply failing to see another road user.  However fatigue presents itself, when it results in a collision, the outcome is quite often catastrophic.

The Royal Society for the Prevention of Accidents (RoSPA) estimates that fatigue contributes to up to 20% of road collisions. These crashes tend to result in more serious injuries or fatalities, given the driver’s delayed reactions or total loss of control.

What the Law Requires of Employers

Managing the risks of fatigue effectively is about more than simply instructing drivers to “get enough sleep.” The law expects employers to take a structured, proactive and preventative approach. This begins with a documented fatigue policy that addresses shift patterns, journey planning, rest breaks, and contingency planning for delayed journeys.

Employers must ensure that scheduling does not push drivers beyond reasonable limits. This includes reviewing shift patterns, particularly for night work or irregular rosters, and ensuring breaks are both planned and taken. Providing training for both drivers and supervisors is another essential step. Everyone involved in fleet operations should understand how to spot the signs of fatigue and to respond appropriately.

Technology can support this process. In-vehicle telematics and fatigue monitoring tools can offer early warnings in real time, as well as allowing employers to identify any patterns emerging from their drivers’ behaviour over time.

It is equally important for employers to create an environment of open dialogue with drivers, ensuring they feel able to raise any personal circumstances that may be impacting on their ability to get adequate sleep or rest, without fear of being penalised.  Employers can then make any reasonable adjustments to counter any risks.

Policies should not just be a piece of paper on the shelf. Regulators and courts will look for evidence that policies are trained out, understood, implemented, and enforced. Policies that are outdated, ignored, or never enforced will not stand up to legal scrutiny. Employers must review and refresh these documents regularly, ensuring they reflect current operations and are actually followed in practice. 

It is also not enough to argue that an incident “couldn’t have been foreseen.” Regulators like the Health and Safety Executive (HSE) and industry guidance from bodies such as Logistics UK make it abundantly clear that fatigue is a well-known and well-evidenced workplace risk. Failure to act is not a defence, it’s potentially negligence.

Fatigue Doesn’t Just Affect Heavy Goods or Long-Haul Transport

Some businesses may feel that fatigue policies are only necessary for heavy goods and long-haul transport companies. But the legal principles apply across all sectors where driving forms part of a person’s role, including driving vans, company cars and “grey fleet” vehicles.  If your staff drive to attend client meetings, perform maintenance, or conduct site inspections, the risk is the same. In fact, fatigue is especially dangerous when it is not expected or planned for, such as after a long workday followed by a late-night drive home.

What Should Fleet Leaders Do Now?

Start by reviewing your existing risk assessments. Is driver fatigue adequately addressed, or addressed at all? Next, evaluate your current shift structures and journey scheduling practices to see whether they allow for adequate rest. If you don’t yet have a fatigue policy, put one in place as a priority. If you do, ensure that it is up to date, clearly communicated, and supported by training and enforcement mechanisms.

Leadership must also set the tone. Encourage open dialogue around fatigue, and create a culture where it is acceptable, and expected, for drivers to raise concerns without fear of disciplinary action. A well-implemented fatigue policy protects not just your drivers, but your business from criminal and civil liability.

Would Your Drivers Know How To Respond In The Event Of A Fatigue-Related Crash?

Would your driver tell the police they were tired and that they didn’t feel able to tell their employer this, or worse still, that their employer knew and still sent them out? Would your business be able to demonstrate that it had done everything reasonably practicable to prevent such an incident? When was the last time you reviewed your fatigue management policies – and can you evidence that they’re actively implemented and enforced?

LMP Legal doesn’t just get involved once the worst has happened. We can provide legal advice and support to review your policies to prevent the worst happening.

Contact LMP Legal for immediate legal advice and support – by your side when it matters most.