Its that sort of thing that will I think come under increasing scrutiny. Fatigue is such a factor in accidents, most of the public wouldn't dream of driving 10 hours in their simple to operate, cruise controlled car up a motorway in a day, so on what planet is it a good idea for a bus driver to undertake 10 hours of complex stop/start city driving.
It would be interesting to note how the road haulage and transport industries lobbied while the Working Time Directive was being put together. The tachograph exemptions for light goods vehicles, rules like this, the "flexibility" of allowable start times would suggest substantially.
So many times at my work lately I have thought, if there was to be an incident later today, I could not in good conscience stand in a court and say I was unaware that person was fatigued. It is writ large on so many faces of our colleagues and friends.
An added challenge here is that many staff, especially those in the bus industry, who tend to be lower paid than the rail industry, want as many hours as they can get. This is often from a place of necessity so that they generate sufficient income to live, and also because work availability can vary greatly so many drivers cram in overtime during the summer months when it's there due to holidays, special events etc. and then use that as a financial buffer for the quieter winter.
What this means, however, is that drivers work very long shifts and very long weeks, and the ability of drivers working under GB Domestic driving hours (so most city bus drivers) to opt out of the Working Time Directive contributes to this.
But what is the solution? Until we value our front line transport industry professionals more, and pay them more, which economics currently precludes, many drivers will continue to ask for as much work as they can lay their hands on. It is a brave allocator / operations manager who leaves work uncovered / brings in agency drivers when there is a driver who is willing, able and legal to work the shift but in all probability is fatigued despite being legal.