The Legislature’s Criminal Justice and Public Safety Committee voted overwhelmingly Wednesday against a bill to make it a crime to drive without having slept in 24 hours.
Rep. Stacey Guerin, R-Glenburn, sponsored the bill on behalf of constituents who had lost a family member to a fatigued driver. Craig McPherson, 26, of Portland was killed when a driver who had been awake for the previous 24 hours crossed the center line and hit him head on.
Guerin testified before the committee Monday and cited a study saying that driving without sleep in the previous 24 hours is the equivalent of driving drunk.
Police testified before the committee that while overtired drivers pose a hazard on the road and they support the goals of the bill, enforcing a law against fatigued driving would be difficult. Unlike with alcohol, there is no breath or blood test for fatigue, said Lt. Brian Scott, commander of the state police Traffic Enforcement Unit.
Robert O’Connell Jr. of the Bureau of Motor Vehicles testified that driving while fatigued could be covered under existing laws against driving to endanger and failure to control a vehicle with a death resulting.
Only one member of the 13-member committee voted to endorse the bill, and that was with a major revision.
Rep. Justin Chenette, D-Saco, said he favors passing the bill if it is amended to have fatigue and drowsiness added to existing law as elements of distracted driving.
Guerin said she hopes the attention paid to the bill will reduce the number of fatigued drivers.
“The fact that we were able to start the discussion on this important subject is a step in the right direction,” she said in a written statement. “Hopefully this raises some awareness and helps to deter people from driving when their abilities are impaired by extreme fatigue.”
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