HGV drivers must follow strict rules when it comes to the number of hours they can work in a day or a week. But what is POA, and how does it affect a driver’s working time?
This post is an essential guide to POA for HGV drivers and fleet managers. We’ll take a look at the rules and discuss how they might affect your working patterns or your fleet’s efficiency.
If you’ve got any questions about your legal obligations as a driver or a fleet manager, we have a dedicated team of commercial motor experts on hand to answer all of your questions. Get in touch with us today on 020 8290 9099 or email us at commercial.motor@anthonyjones.com.
What is POA?
POA stands for period of availability. This is a period of downtime, or “waiting time”, during which a driver is not working, but will be able to do so if necessary. By definition, both the driver and their manager should know about the POA in advance, and the POA should only last for a set period of time.
How to Record POA on a Tachograph
On digital tachographs, drivers can record POAs through choosing the “BOX” mode switch.
Regulations for POA
There are other regulations concerning POA:
- While the driver should be available for work throughout the POA, they are not required to stay at their workstation (the driver’s cab).
- However, the driver should be available to answer calls, resume work, and start driving on short notice.
So in short, while a driver doesn’t have to stay in their cab for the duration of their POA, they must remain contactable at all times.
There are no regulations about the minimum of maximum length of POAs.
So Does POA Count as Working Time?
No. POA is separate to working time. It’s also separate to breaks and rest periods.
For a period of time to qualify as POA, a driver must know about it in advance, along with its duration.
When is POA Classed as Working Time or ‘Other Work’?
Some periods of downtime might be classed as standard “working time”, or as “other work”:
- The driver encounters an unexpected delay at a site, or a delay that lasts for much longer than they anticipated. For instance, a customer might tell a driver to expect a one hour delay. Yet if the driver ultimately experiences a two hour delay, then the first hour will count as POA, while the second may count as “working time” or “other work”.
- In the event of a breakdown, if the recovery service tells the driver how long the rescue will take, then their downtime may count as POA. But if the recovery service gives no indication, or if they arrive much later than expected, then the downtime may count as standard working time.
- Delays due to congestion and diversions usually count as working time. But it could count as POA if the driver knew about the delays in advance. For example, if they’re carrying an abnormal load and they are only allowed to travel during certain periods, or if they’re banned from travelling in urban areas during specified hours.
- Secondary drivers in multi-manned vehicles may count their time in a cab as POA. But if they do any work while not driving the vehicle, such as navigating, then their time in the passenger seat could count as “other work”.
Can A Driver Record POA as a Breaktime?
A driver could choose to take a break during their POA. But they would have to change the work mode on their tachograph to “rest mode”.
Across the EU, digital tachographs tend to automatically view POAs as breaks. Yet in UK law, POAs are counted as separate to breaks.
This is where drivers must take care. If they choose to treat their POA as a break, and they don’t register it as such, their digital tachograph may reset its clock and display a fresh 4.5 hour driving period. But under UK law, the POA would not have counted as a rest period. As such, relying on the tachograph’s display could prove misleading. To remain compliant, the driver would instead have to calculate their own 4.5 hour driving period.
Further Support For HGV Drivers and Fleet Managers
The rules about POA, rest periods, working time and “other working” may seem confusing. And frustratingly, the more you think about them, the more confusing they can seem.
But whether you’re a driver or a fleet manager, compliance is an essential part of your risk management. And that’s where we can help.
If you’ve got any questions about your legal obligations as a driver or a fleet manager, we have a dedicated team of commercial motor experts on hand to answer all of your questions. Get in touch with us today on 020 8290 9099 or email us at commercial.motor@anthonyjones.com.
