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.
Examples of a PoA:
Situations when a period of time could be recorded as a PoA (provided the āknown in advanceā pre-condition is met)
Time when accompanying a vehicle being transported by boat or train.
Time spent waiting at frontiers.
Periods of waiting due to traffic prohibitions. Traffic prohibitions would include where the police have delayed the movement of an abnormal load for a set period of time, or where vehicles are banned from city centres during specified hours, and the driver has to park the vehicle and wait.
When driving or travelling as part of a team, time spent sitting next to the driver while the vehicle is in motion, unless the mobile worker is taking a break or performing any other work (e.g. navigation). This time (or a part of it) could also be counted as a break - but would need to be recorded as such. Other travelling staff may also count travelling time as a PoA, provided they are not performing any other work.
When a mobile worker experiences a delay at a regional distribution centre or depot, waiting for someone to load or unload their vehicle, if they know about the length of the delay at the start of the period (because someone has told them; because they have arrived too early for their slot; or because they always experience a delay at one of their regular customers).
If a mobile worker typically experiences a 1 hour delay at one of their regular customers, then this would count as a PoA. However, if they were to unexpectedly experience a 2 hour delay, then the second hour would count as working time. Unless the mobile worker was notified, before the end of the first hour, that a further hours delay was expected, in which case the second hour would also count as a PoA.
Where a mobile worker reports for work, is informed that they are not required to undertake any duties for a specified period (albeit, they need to remain on site to answer calls and be ready to take up work), but is free to wait in the canteen or rest facility.
If the vehicle breaks down and the mobile worker is told how long it will take to be rescued.
Situations when a period of time should not be recorded as a PoA
Where a driver is diverted due to a road closure, he/she would still be driving so the period could not be counted as a PoA.
Delays due to congestion (i.e. stuck in a traffic jam) would not count as a PoA because the driver would be stopping and starting the vehicle.
If a mobile worker is monitoring activity by others, (e.g. petrol at filling station, or the unloading of the lorry), this time would count as working time rather than a PoA.
Frequently moving up within a queue (e.g. waiting within a queue to load or unload) every other minute would not qualify as a PoA.
When the duration of the PoA is not known in advance, for example if a mobile worker was told to arrive at 9am and then leave at any time up to 1pm this would not be a PoA as the duration is not known.
webarchive.nationalarchives.gov. ā¦ nce?page=4
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
businesslink.gov.uk/Transpor ā¦ hicles.pdf
is it still clear that it must be working time terry? 
Regs only become complicated once folk start adding their own stuff to them.
