Regulation 2 Amendments to regulation 2 (interpretation)

for the definition of “period of availability” substitute—

• ““period of availability” means a period during which the mobile worker or self-employed driver is not required to remain at his workstation, but—

  1. (a)

     in the case of a mobile worker, is required to be available; or

  2. (b)

     in the case of a self-employed driver, makes himself available,

to answer any calls to start or resume driving or to carry out other work, including periods during which the mobile worker or self-employed driver is accompanying a vehicle being transported by a ferry or by a train as well as periods of waiting at frontiers and those due to traffic prohibitions;”;

for the definition of “relevant requirements” substitute ““relevant requirements” means regulations 4(8) and (9), 7(5) and (6), 8(2) and (3), 9(4) and (5), 10, 11, 11A and 12;”;

in the definition of “worker” after “individual” insert “who is not a self-employed driver and”;

for the definition of “working time” substitute—

• ““working time” means the time from the beginning to the end of work during which—

  1. (a)

     the mobile worker or self-employed driver is at his workstation;

  2. (b)

     the mobile worker is at the disposal of his employer, or (as applicable) the self-employed driver is at the disposal of the client; and

  3. (c)

     the mobile worker or self-employed driver is exercising his functions or activities, being—

     1. (i)

        time devoted to all road transport activities, including, in particular any of the following activities—

        1. (aa)

           driving;

        2. (bb)

           loading and unloading;

        3. (cc)

           assisting passengers boarding and disembarking from the vehicle;

        4. (dd)

           cleaning and technical maintenance; or

        5. (ee)

           all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration and other law enforcement officers; or

     2. (ii)

        time during which the mobile worker or self-employed driver cannot dispose freely of his time and is required (or, in relation to a self-employed driver, chooses) to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements

     but, in relation to self-employed drivers, general administrative work that is not directly linked to the specific transport operation under way is excluded from working time;”; and

in the definition of “workstation”—