POA

Got answer from DVSA

Good Morning
Ref: AMS/404
Thank you for your query which has been forwarded to me for a response.
Under EU Drivers’ Hours tachograph Rules – time spent on call would be recorded as POA.

‘Periods of availability’ (POAs) means:

· periods when the mobile worker is not required to remain with the vehicle (but must be available to answer any calls to start or resume driving or to carry out other work). It includes periods accompanying a vehicle being transported by ferry or train, as well as periods of waiting at frontiers and those due to traffic prohibitions.

· for multi-manned journeys, the time spent sitting next to the driver or on the couchette while the vehicle is in motion.

POAs, and their foreseeable duration, must be known in advance by the mobile worker (so before departure or just before the actual start of the period in question). POAs do not include break or rest periods

The record of other work must be either:

· written manually on a chart

· written manually on a printout from a digital or smart tachograph

· made by using the manual input facility of a digital or smart tachograph or

Additionally, for days where a driver has been subject to the domestic drivers’ hours rules, a record may also be required under those rules. See Record keeping, recorded in a domestic log book

Rest and other days off

Drivers are required, in addition to breaks and rest periods, to record periods of annual or sick leave under the rest mode (bed symbol) by using the manual inputs on a digital/smart tachograph or by making a manual record on a chart or print out paper.

It is not acceptable to use attestation letters as an alternative for recording periods of annual or sick leave. Other countries may accept attestation letters from drivers on international journeys for other types of leave, but we are not aware if that is the case so such drivers should ensure that all periods of rest and leave are recorded as detailed the paragraph above. The UK will not accept attestation letters as an alternative to keeping records as detailed in the paragraph above.

Under GB Domestic Rules - time spent ‘on call’ would be recorded as time spent on duty in a log book.

Kind regards,

I am obliged to emphasise that the advice is the view of DVSA and is not intended to be an interpretation of the law, only a court of law is able to give a legal definitive interpretation.

Alison Smith, Remote Enforcement Examiner

Remote Enforcement Office