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.
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)