Select Committee on Transport Written Evidence


Memorandum from N and M Tweddell, S Blandy and S Schmoller (RS 68)

REDUCING ROAD DEATHS CAUSED BY SLEEP APNOEA

Executive summary

  1.  This memorandum provides evidence of the prevalence and danger of undiagnosed sleep apnoea in drivers—particularly of LGVs and PSVs, and recommends action for better identification of sufferers.

Brief introduction

  2.  We are the family of Toby Tweddell who was killed on the M62 motorway on the edge of Liverpool on 8 August 2006. The car he was driving was standing in a queue of traffic and was run into from behind by an LGV. The LGV driver had fallen asleep at the wheel, and was subsequently diagnosed to be suffering from sleep apnoea. Wishing to reduce similar road deaths in the future, we believe that the Transport Committee should consider the following evidence, and that having done so it should press for further and stronger preventive action by the Department for Transport and other government departments and agencies.

Factual information

  3.  Sleep apnoea is the most common of a wide range of medical conditions which can produce poor sleep quality. Sufferers are starved of oxygen during the night. They awake momentarily many times each night, without being aware of this, and as a result they experience waking symptoms ranging from general drowsiness and tiredness, difficulties in concentrating, through to sudden falling asleep.

  4.  The Government's road safety campaign launched in March 2008 states that:

    —  about one in five crashes on motorways and similar roads is caused by falling asleep at the wheel,1 and about one in 10 on all roads;

    —  an estimated 300 people a year are killed where a driver has fallen asleep at the wheel;

    —  if you fall asleep at the wheel you are 50% more likely to cause death or serious injury because a sleeping driver does not react before a crash; and

    —  about 40% of sleep-related crashes are work related involving commercial vehicles.

  5.  International research studies on sleep apnoea have established:

    —  around 4% of middle-aged men—about 500,000 people in the UK—suffer from sleep apnoea;2

    —  partly as a result of the sedentary nature of their jobs, there is a significant incidence of obesity amongst professional drivers, and approximately 50% of sufferers from sleep apnoea are obese (see endnote 2). As many as one in six professional drivers are estimated to be suffering from undiagnosed sleep apnoea3; and

    —  sufferers from sleep apnoea have been shown to be six to 15 times more likely to have a road-traffic accident than those without the condition;4 and in simulated driving performance tests, sleep apnoea sufferers score worse in terms of hazard awareness and reaction times than test subjects who are drunk.5

  6.  In the four months from October 2007, at least four cases came to court of LGV drivers accused of causing death by dangerous driving (nine people in total killed); all four LGV drivers were suffering from sleep apnoea which was only diagnosed after their accidents.6

  7.  All applicants and re-applicants for LGV and PSV licences must complete a Medical Examination Report (DVLA Form D4) with their general practitioner. This form contains the questions "does the applicant have sleep apnoea syndrome?" and "is there any other medical condition causing excessive daytime sleepiness?". These questions are obviously not adequately identifying sleep apnoea sufferers.

  8.  At present, sufferers from sleep apnoea tend to under-report difficulties when driving,7 perhaps understandably as they have risked losing their licence and livelihood. Drivers should now be less concerned about this risk because the National Institute for Health and Clinical Excellence (NICE) recommended on 26 March 2008 that treatment for sleep apnoea using continuous positive airway pressure (CPAP) devices should be available throughout the NHS.

  9.  A relatively cheap and now widely available screening tool for sleep apnoea is the pulse oximeter, which can be used overnight at the patient's home rather than in a sleep laboratory. It is estimated that, with experienced interpretation, this tool can identify significant sleep apnoea in 80-90% of cases.

  10.  In 1999 the Task Force of the European Respiratory Society8 pointed out the prevalence of sleep apnoea amongst professional drivers, and the consequent high risk (and high actual rate) of accidents caused. Their report highlighted the need for uniformly accepted regulations concerning driver licensing, with a shared responsibility between the physician, patient and licensing authority.

  11.  Whilst some major businesses in road and passenger transport do take sleep apnoea seriously, we are not aware of any example of a company routinely testing its drivers for sleep apnoea, and the general attitude (in the road-haulage industry at least) is one of complacency, with, for example, no mention of sleep apnoea, at the time of writing, on the Road Haulage Association's information-packed web site, and no reference to sleep apnoea in the syllabus of the Certificate of Professional Competence (CPC) in Road Haulage.9

Recommendations for action

  12.  The Department for Transport, which regulates the issuing and renewal of PSV and LGV licences, needs to tighten up the requirements for identifying potential sufferers of sleep apnoea. In particular, PSV and LGV drivers should regularly be screened for this, and related disorders, and this should be part of their licence requirements. Furthermore, it should be a requirement on road haulage and passenger transport operators for them to have screening processes in place. The syllabus of the CPC in Road Haulage should be improved so that issues associated with sleep apnoea, its identification and treatment, and the rules pertaining to driver licensing are covered.

  13.  The Department of Work and Pensions, in dialogue with the Health and Safety Commission, needs to ensure that the Health and Safety Executive—with its responsibilities for minimising work-related death and injury, and with its powers to insist on action by employers to prevent risks to non-employees (that is, road users at risk from drivers suffering from sleep apnoea)—plays a much more prominent role in relation to work-related fatal road-traffic accidents and their prevention. In particular, HSE should be working on the introduction of legislation, if necessary on a European basis, on compulsory testing of professional drivers for sleep apnoea.

  14.  The Department of Health, which funds and shapes the work of medical practitioners, needs to ensure that those involved in the diagnosis of sleep apnoea are well briefed about the problem, its symptoms, its serious implications (particularly when the sufferer drives for a living), and on the importance of getting sufferers tested and off the road until their condition has been treated, with consideration given to making it a responsibility of GPs to report on their diagnosis to the Department of Transport rather than this being solely the responsibility of the driver.

Background References

1.  Horne, J A and Reyner, L A, "Sleep-related vehicle accidents", British Medical Journal, 1995:310, pp 565-7. http://www.bmj.com/cgi/content/abstract/310/6979/565 last accessed 5/4/2008

2.  Young, T, Palta, M, Dempsey, J, Skatrud, J, Weber, S and Badr, S, "The occurrence of sleep-disordered breathing among middle-aged adults", New England Journal of Medicine, 1993:328, pp 1230-35. https://content.nejm.org/cgi/content/abstract/328/17/1230 last accessed 5/4/2008

3.  Howard, Mark E, Desai, Anup V, Grunstein, Ronald R, Hukins, Craig, Armstrong, John G, Joffe, David, Swann, Philip, Campbell, Donald A and Pierce, Robert J, "Sleepiness, Sleep-disordered Breathing, and Accident Risk Factors in Commercial Vehicle Drivers", American Journal of Respiratory and Critical Care Medicine, 2004:170, pp 1014-21. http://171.66.122.149/cgi/content/abstract/170/9/1014 last accessed 5/4/2008

4a.  Findley, L J, Unverzagt, M E, Suratt, P M, et al, "Automobile Accidents Involving Patients with Obstructive Sleep Apnoea", American Review of Respiratory Disease, 1988:138, pp 337-40. http://www.ncbi.nlm.nih.gov/sites/entrez?db=pubmed&uid=3195832&cmd=showdetailview&indexed =google last accessed 5/4/2008

4b.  Teran-Santos, J, Jimenez-Gomez, A and Cordero-Guevara, J, "The association between sleep apnoea and the risk of traffic accidents", New England Journal of Medicine, 1999:340, pp 847-51. https://content.nejm.org/cgi/content/abstract/340/11/847 last accessed 5/4/2008

4c.  Horstmann, S, Hess. C W, Bassetti, C, Gugger, M and Mathis, J, "Sleepiness-Related Accidents in Sleep Apnoea Patients", Sleep, 2000:23, pp 1-7. http://sleepsolutions.com/clinical—library/230306.pdf last accessed 5/4/2008

5.  George, C F, Boudreau, A C and Smiley, A, "Simulated driving performance in patients with obstructive sleep apnoea", American Journal of Respiratory and Critical Care Medicine, 1996:154(1), pp 175-81. http://ajrccm.atsjournals.org/cgi/content/abstract/154/1/175 last accessed 5/4/2008

6.  Cases coming to court in the four months from October 2007:

On 1 August 2005 Alice-Anne Fuge, Nestor Siles and Jessie McCann were killed on the A82 near Alexandria, Scotland, by an LGV driven by Colin Kane. On 21 July 2006 Malcolm, Janice, Richard and George Dowling were killed on the A34, near Bicester, by an LGV driven by Ian King. On 8 August 2006 Toby Tweddell was killed while waiting in a traffic queue at the M62 Rocket Interchange, Merseyside, by an LGV driven by Colin Wrighton. On 14 April 2007 Leonard Nicholls was killed on the A48, Eastern Avenue, Cardiff, by an LGV driven by Hayden Bailey. In every case the driver of the LGV—each of whom suffered unknowingly from sleep apnoea—had fallen asleep at the wheel. Kane, King, Wrighton and Bailey were all prosecuted for causing death by dangerous driving. The outcomes of the four cases differed. On 1 October 2007, the Crown Prosecution Service decided to offer no evidence against Wrighton, who was acquitted. On 12 October 2007 a Scottish jury found the case against Kane unproven. In contrast, on 7 December 2007, King was convicted by the jury at Oxford Crown Court and jailed for 3 years and 9 months on 11 January 2008. On 23 February 2008, Bailey pleaded guilty and was sentenced to 10 months in jail with a 3-year driving ban.

7.  Engleman, H M, Hirst, W S and Douglas, N J, "Under reporting of sleepiness and driving impairment in patients with sleep apnoea/hypnopnoea syndrome", Journal of Sleep Research, 1997:6, pp 272-5. http://www.blackwell-synergy.com/doi/abs/10.1111/j.1365-2869.1997.00272.x last accessed 5/4/2008

8.  McNicholas, W T and Krieger, J, on behalf of the Task Force members, "Public health and medicolegal implications of sleep apnoea", European Respiratory Journal, 2002:20, pp 1594-1609. http://www.ersj.org.uk/cgi/reprint/20/6/1594 last accessed 5/4/2008

9.  16 companies (out of 30 approached) replied to an enquiry made in December 2007 by Nic and Monica Tweddell concerning the company's approach to the problem of sleep apnoea. Industry practice varies widely and in no case was compulsory testing and/or treatment of drivers for sleep apnoea the norm; nor is there yet any significant use of technical systems to detect driver sleepiness. The Traffic Commissioners (the issuing authority for operator licences) require professional competence to be demonstrated by at least one member of the management team of a road-haulage business that operates vehicles with a gross plated weight of more than 3.5 tonnes or vehicles which are not plated and which have an unladen weight of more than 1525 kg. One way of demonstrating this competence is by the designated member of the management team achieving the Certificate of Professional Competence in Road Haulage.





 
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