For HGV drivers in the UK, staying compliant with the drivers' hours regulations is a key aspect of operating legally. One important, but sometimes misunderstood, component of these rules is the Period of Availability (POA). Knowing how and when to record POA, and how it differs from other types of time like breaks and rest periods, is crucial for both drivers and operators in the transport industry.
A Period of Availability (POA) refers to a period during the working day when an HGV driver is available for work but not actively driving or performing other duties. Importantly, the driver must be aware in advance that they will not be required to work during this time. This might include waiting while a vehicle is loaded or unloaded, or delays at a border crossing where the driver is simply on standby.
POA is not considered working time under the drivers' hours rules, meaning it does not count towards the total working or driving time limits set out by UK and EU regulations. However, it is a key part of managing working hours efficiently.
Key Characteristics of POA:
- The driver is available to work but not driving or carrying out other tasks.
- The duration of the waiting period must be known in advance.
- POA does not contribute towards daily or weekly driving time limits.
- It must be accurately recorded using a tachograph.
Why Is POA Important for HGV Drivers?
The main benefit of the Period of Availability (POA) is that it offers flexibility. HGV drivers can still meet legal requirements on driving and working time while remaining available for work without counting this time towards the maximum working hours allowed. This means POA periods allow drivers to legally extend the length of their shift without exceeding the limits on actual driving time.
Example Scenarios of POA:
- Waiting at a depot for a vehicle to be loaded or unloaded when the driver knows in advance how long the wait will be.
- Waiting at a ferry terminal for a scheduled ferry departure.
- Being held at a border crossing, where the delay time is pre-communicated to the driver.
In all of these cases, the driver is not actively working but must be available when required. Therefore, these periods qualify as POA and should be recorded as such.
Recording POA Using a Tachograph
Under UK and EU tachograph rules, HGV drivers must record their entire working day, including driving, other work, breaks, rest periods, and POA. The accurate logging of POA ensures that drivers are compliant with the drivers' hours rules while avoiding penalties for improper record-keeping.
To record a POA on the tachograph:
- The driver must switch the tachograph to the POA mode (typically shown as a square symbol with a diagonal line).
- The tachograph will then log this period separately from driving time or other work-related activities.
- It is essential that POA is not confused with breaks or rest periods, which are legally mandated and serve different purposes.
Drivers should also note that POA is not a substitute for a rest period or a break. These periods must still be taken according to the law.
Distinguishing POA from Breaks and Rest Periods
Many drivers and operators may confuse POA with other types of rest or break periods, but it is essential to understand the differences to remain compliant:
Breaks: Drivers must take regular breaks after a set amount of driving time. After driving for 4.5 hours, an HGV driver must take a break of at least 45 minutes. Breaks are mandatory and count towards rest, meaning they cannot be logged as POA.
Rest Periods: A rest period refers to a longer duration when the driver is entirely free from work and not on duty. For example, drivers must take a daily rest period of at least 11 hours (which can be reduced to 9 hours on certain days). A rest period serves to give the driver adequate recovery time and is distinct from POA.
On the other hand, POA is a time when the driver is waiting for work to resume and is available, but is neither driving nor completely off duty.
UK Drivers' Hours Regulations and POA
According to the drivers' hours rules in the UK, there are strict limits on how much time an HGV driver can spend driving or working:
- Maximum daily driving time: 9 hours (extendable to 10 hours twice per week).
- Maximum weekly driving time: 56 hours.
- Maximum driving over two consecutive weeks: 90 hours.
While POA does not count towards these limits, it must still be recorded to provide a full and accurate picture of the driver’s day. This ensures compliance with the Working Time Directive as well as drivers' hours regulations.
Consequences of Incorrect Recording
If POA is not recorded correctly, or if it is confused with breaks or rest periods, this can result in non-compliance with the tachograph regulations. The penalties for such errors can range from fines to more serious sanctions, depending on the nature of the infringement.
How POA Affects Total Working Time
Under the Working Time Directive, working time for HGV drivers includes all time spent driving, performing other work, or being on duty. POA, however, does not count as working time under this directive. Therefore, drivers can remain available during POA without affecting their overall working time limits.
This provides drivers and operators with a useful way to manage delays or standby periods without breaking the law, as long as the time is recorded accurately on the tachograph.
Summary of POA for UK HGV Drivers
In the UK, the Period of Availability (POA) is a specific type of waiting time during which an HGV driver is available to work but not actively driving or performing other duties. Crucially, POA does not count as working time and must be known in advance by the driver. Correctly logging POA on the tachograph ensures compliance with the drivers' hours rules and allows drivers to manage their time effectively without breaching the limits on driving or working hours.
By fully understanding and applying the concept of POA, both drivers and fleet operators can operate within the law while maximizing flexibility during the working day.
