Thanks everyone for your input and views on this matter I have copied this off Transports Friend the bold bit led me to believe that it could be used as a period of availability.
Workers and Availability
As long as the mobile worker is free to dispose of his/her time with a certain amount of freedom in much the same way that a break or rest period is taken, this would satisfy the criteria of a POA. Therefore if the workstation (drivers cab) offered this freedom, the POA can be taken at the workstation. However, if the mobile worker disposes of their time away from their workstation, they must be contactable at all times.
Where a mobile worker has to remain at his/her workstation due to reasons of safety or security, this would not disqualify the mobile worker from including this enforced wait as a POA, and therefore it can be included as such.
It must be noted here, that there are no requirements which dictate minimum or maximum lengths of POA’s, as long as the period in question satisfied the criteria of a POA, regardless of length it will count as such.
This is taken from a government website
webarchive.nationalarchives.gov. … nce?page=4
The bit in bold states that you can stay at the workstation for safety or security reasons and can still be included as POA.
2.3 What is a period of availability?
Generally speaking a period of availability (PoA) is waiting time, the duration of which is known about in advance by the mobile worker. Under the Regulations, these periods have to meet the following criteria:
a mobile worker should not be required to remain at their workstation;
(but) they must be available to answer calls to start work or resume driving on request;
the period and the foreseeable duration should be known in advance by the mobile worker, either before departure or just before the start of the period in question.
Like breaks and rest periods, a PoA can be taken at the workstation. Providing the mobile worker has a reasonable amount of freedom (e.g. they can relax and read), for a known duration, this would satisfy the requirements for a PoA. Where the mobile worker knows about a delay in advance, but it is deemed prudent that they should remain in the cab for reasons of security or safety, this should not in itself, disqualify this delay being recorded as a PoA. Typical examples might include waiting at a site that is unsafe for pedestrians or staying in a vehicle carrying high value goods or cash.
Mobile workers do not need to be formally notified about a PoA and its duration in advance. It is enough that they know about it (and the foreseeable duration), in advance either before departure or just before the actual start of the period in question. A PoA would be deemed to be known in advance by a mobile worker if, for example:
someone (who does not have to be their employer) has told them, or
they have arrived too early for their allocated slot, or
they always experience a delay at one of their regular customers.
A PoA does not apply to delays where the mobile worker has to continue working. For example, where a driver is diverted due to a road closure, he/she would still be driving. Normally, delays due to congestion would also count as working time because the driver would be stopping and starting the vehicle. If a mobile worker is monitoring a discharge from the vehicle (e.g. petrol at filling station), this time will also count as working time.
There are no requirements as to the minimum and maximum length of a PoA.
