Periods of availabilityE+W+S

6.—(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 [F2or 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 [F3or self-employed driver] and is spent in a moving vehicle, a ferry or a train.