Wake-up call at the wheel
http://www.heraldsun.news.com.au/common/story_page/0,5478,10631345%255E2862,00.html
01sep04
A CAR in the hands of someone deprived of sleep can be as deadly as a random bullet.
This is the heartfelt warning from Arpad Gemes, whose wife was killed by a driver who fell asleep at the wheel.
The young driver had not slept for 25 hours before the crash, and had been to an all-night rave party.
According to police evidence, in the 101 hours leading up to the November 1999 crash, he’d slept on and off for a total of just 20 1/2 hours.
“Just don’t do it,” said Mr Gemes, who yesterday helped launch the TAC’s new campaign on the dangers of driving while fatigued.
Attorney-General Rob Hulls said that every year 20 per cent of fatal crashes in Victoria involved fatigue, causing about 70 deaths and almost 500 serious injuries.
Mr Gemes and his wife, Kathryn, were walking along Whitehorse Rd when a car suddenly veered across one lane, mounted the footpath and crashed into the couple.
Kathryn Gemes was crushed against a brick fence and died soon afterwards. Her husband was seriously injured and taken to Box Hill hospital.
The driver was charged with culpable driving causing death and negligent driving.
But he walked free after a County Court judge ruled there was insufficient evidence to support the contention he knew he was in danger of falling asleep at the wheel.
He did not even lose his driver’s licence.
Mr Gemes, a Mont Albert architect, immediately campaigned to have the legislation overhauled, writing to Mr Hulls and to the Office of Public Prosecutions.
Mr Hulls ordered a review of the legislation, which resulted in the Crimes (Dangerous
Driving) Bill. The Bill will soon go before State Parliament.
He said the Bill would create a new offence of dangerous driving causing death or serious injury, punishable by up to five years’ jail, and amend the Crimes Act to ensure that driving while fatigued could constitute culpable driving causing death.
“This legislation is in response to community concerns the existing law of culpable driving causing death does not adequately deal with drivers who cause fatal accidents when they fall asleep at the wheel or drive when drowsy,” he said.
“There should be no question that driving while drowsy is a dangerous and potentially criminal act.”
Mr Gemes, 53, suggested that driver education programs should include the dangers of getting behind the wheel while fatigued or deprived of sleep.
