New laws target drivers who are too tired to get behind the wheel.

It is fairly well known that federal regulations allow authorities to charge tired truck drivers under rules that mandate no more than 10 straight hours of driving before taking an eight-hour break. Now, thanks to the efforts of a grieved mother, the eyes of police and judges are beginning to focus on other drivers as well.

After sitting in the New Jersey General Assembly chambers for eight hours, Carole McDonnell stopped at Hillcrest Memorial Park to visit the grave of her daughter, Maggie. According to the Philadelphia Inquirer, McDonnell spoke quietly to her deceased daughter: “I did it Mag. Mommy made it all better.”

Maggie McDonnell was killed when Michael E. Coleman fell asleep and crossed three lanes of traffic before colliding with her car. Maggie died at the scene.

Coleman was later tried for the accident. The first jury deadlocked over whether he was responsible for the accident. At a second trial, Coleman’s attorney successfully argued that driving fatigued was not a crime. Acquitted of vehicular homicide, Coleman was cited for reckless driving and fined $200.

“‘Not guilty’ in this case means there is a big loophole in the law – one that I intended to close, and I did it” Carole McDonnell told the Philadelphia Inquirer.

To “make it all better,” McDonnell tirelessly and successfully advocated for a new law, a law that was passed by the New Jersey Legislature and took effect last August. It is referred to as “Maggie’s Law.”

Under Maggie’s Law, if there is evidence that a deadly crash was caused by sleepiness, prosecutors can charge a motorist with vehicular homicide, punishable by up to 10 years in prison and a $100,000 fine.

The bill’s sponsor, Sen. Stephen Sweeney, told the Philadelphia Inquirer, “When you get behind the wheel, you’re taking a very large responsibility in your hands. To say that it’s OK to fall asleep because everybody does it, that’s not acceptable”.

Recent studies estimate 51 percent of motorists feel drowsy behind the wheel and approximately two of every 10 drivers said they had fallen asleep while driving in the past year.

Commenting on the new law, Marcia Stein of the National Sleep Foundation stated, “We are so accustomed to being fat and tired and sleepy that it’s part of our daily life and we think nothing of getting behind the wheel and driving despite the horrible ramifications of that act.”

According to the Los Angeles Times, Joyce Walsleben, director of the sleep disorder center at the New York University Medical Center, stated: “At a minimum, sleep deprivation is huge. At the minimum, 30 percent of the public or more is chronically sleep-deprived. Just about any survey will show that . … We are burning the candle at both ends. We don’t realize we are really paying a toll.”

We are all familiar with campaigns that remind us to use our seat belts and avoid drinking and driving. These campaigns are costly, but productive. At present, Maggie’s law does not provide money for such public education. Hopefully, that will soon change.

New Jersey may be the first state to specifically list driving while sleep deprived as a crime. It will not be the last.

Tips to avoid drowsy driving

• Drive only when rested. Don’t take the wheel if you feel fatigued, no matter when or where you are driving. Have some sleep or exercise first, avoid or delay the trip, or let a rested person drive.

• Keep your mind alert. Listen to talk shows or up-tempo music. Try to have company on long trips. Change position frequently, keeping your head up and shoulders back. Chew gum. Actively watch road signs and traffic.

• Find a safe place to stop. On a long trip, every couple of hours or if you start to feel sleepy, pull off the road for a break, exercise and fresh air. When possible, spend the night at a hotel or stop in a safe place to take a nap. Don’t rely on coffee. When you find it almost impossible to keep your eyes open, pull over and take a power nap. You will be amazed at how 15 minutes sleep will reinvigorate you.

• Be careful about what you eat and drink. Coffee, sugar or other stimulants may wake you up physically, but they do not ensure mental alertness. Drink water, juice or soft drinks low in sugar and caffeine. Choose high-protein snacks over heavy or fatty foods such as fries. Avoid alcohol and medications, including cold remedies. If you require medication, consult with your doctor to minimize effects on driving.

• Drive defensively. Be prepared to prevent collisions in spite of the actions of others, including drivers around you who may be drowsy. Truckers aren’t the only tired drivers out there.

Until next time, keep the shiny side up and the greasy side down. Drive safely.

Guy Bourrie has been hauling on the highways for 20 years. He lives in Washington, Maine, and can be reached at redhaven@midcoast.com.

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