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Regulation 6 Periods of availability

England, Wales and Scotland

(1)

A period shall not be treated as a period of availability unless the mobile worker F1or self-employed driver knows before the start of the relevant period about that period of availability and its reasonably foreseeable duration.

(2)

The time spent by a mobile worker F2or self-employed driver, who is working as part of a team, travelling in, but not driving, a moving vehicle as part of that team shall be a period of availability for that mobile worker or self-employed driver.

(3)

Subject to paragraph (4) a period of availability shall not include a period of rest or a break.

(4)

A period of availability may include a break taken by a mobile worker F3or self-employed driver during waiting time or time which is not devoted to driving by the mobile worker or self-employed driver and is spent in a moving vehicle, a ferry or a train.

Annotations

Textual amendments

F1

Words in reg. 6(1) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 7(a)

F2

Words in reg. 6(2) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 7(b)

F3

Words in reg. 6(4) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 7(c)