according to this site POA does NOT count as working time , or am i missing something?
webarchive.nationalarchives.gov. … nce?page=4
it states…
Working Time does not include:
-Routine travel between home and their normal place of work;
-Rest and breaks when no work is done;
-Periods of availability (see below);
-Optional evening classes or day-release courses;
-Voluntary work or time spent as a retained fire fighter, a special constable, or member of the reserve forces.
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