What the Law Counts as Working Time
Working Time includes:
Driving
Loading and unloading
Vehicle checks and defect reporting
Cleaning and maintenance
Paperwork and administration
Job-related training
Waiting time where the duration is NOT known in advance
Any work done for any employer, including second jobs
Key test:
If you are responsible for the vehicle, the load, instructions, or being available for work — it is Working Time.
What Does NOT Count as Working Time
The following are not Working Time:
Breaks
Rest
Periods of Availability (POA), when used correctly
These categories are strictly defined.
Misclassifying them is a common cause of enforcement action.
Understanding what counts as Working Time is the foundation of Working Time Directive (WTD) compliance.
Most infringements do not come from excessive driving.
They come from recording the wrong type of time.
Working Time is narrower than “duty time”, but broader than many drivers realise.
The Legal Definition
Working Time is any time when you are at your employer’s disposal and cannot freely use your time.
If you are required to be available, responsible, or following instructions, it is almost always Working Time.
How you are paid does not change whether time counts.
Working Time vs Duty Time
Working Time and duty time are not the same thing.
Duty time can include breaks and POA
Working Time excludes breaks and correctly recorded POA
WTD limits apply only to Working Time.
This distinction matters when:
Employers use clock-in / clock-out systems
Employers use the tachograph as the first and last pay reference
Drivers work for more than one employer
Why Pay Systems Cause Problems
Different employers record time differently:
Some use clock cards or apps
Some rely on the tachograph
Some use a mix
Regardless of pay method, WTD compliance is based on actual Working Time, not what appears on a payslip.
If the tachograph is used as a compliance record, it must show a complete and truthful timeline.
Manual Entries (Important)
If you do any work away from a tachograph vehicle, that time still counts as Working Time.
This includes:
Second jobs
Yard work
Agency work
Warehouse shifts
Any paid work since your card was last withdrawn
That time must be recorded by:
Manual tachograph entry, or
Written records, depending on circumstances
A missing timeline is treated as non-compliance, not an oversight.
If you work through agencies or multiple employers, you are personally responsible for ensuring all working time is combined correctly.
Waiting Time: When It Counts as Working Time
Waiting time counts as Working Time if:
You are required to wait, and
The duration is not known in advance
Examples:
Waiting on a bay with no agreed time
Waiting for instructions
Delays with no defined end time
Only waiting time with a known duration in advance may qualify as POA.
Standby at Home – Is It Working Time or POA?
Standby at home is one of the most misunderstood areas of Working Time.
In most cases, standby at home is Rest, not POA and not Working Time.
The deciding factor is freedom.
The Core Test (Use This)
Ask one question:
Can you freely use your time?
If yes → Rest
If no → Working Time
POA is the exception, not the default
When Standby at Home Is Rest (Most Cases)
Standby at home is Rest when:
You are at home
You are not required to remain at a workplace
You can sleep, relax, or leave the house
You are simply contactable if needed
Examples:
On-call overnight at home
Waiting for a possible call-out
Being paid an on-call allowance
Pay does not change the status.
If you are free to live normally, the time is Rest and does not count toward Working Time.
When Standby at Home Becomes Working Time
Standby at home may become Working Time if the restrictions are so tight that you cannot freely use your time.
Indicators include:
Very short response time requirements
Requirement to remain within a small distance
Immediate readiness to drive
Restrictions that effectively place you “on duty at home”
If your freedom is severely restricted, the time is treated as Working Time.
Why Standby at Home Is Not POA
A Period of Availability (POA) requires all of the following:
You are waiting
The duration is known in advance
You are at work or at a workplace
Standby at home fails the workplace requirement.
Home standby is almost never POA.
When the Status Changes
The moment you are called in:
Travel to depot → Other Work
Work performed → Working Time
Driving in scope → Driving Time
Rest ends when work begins.
Conservative Compliance Rule
If an employer tells you to record standby at home as POA, be cautious.
The safest classifications are:
Rest (most cases), or
Other Work (if freedom is genuinely restricted)
POA is rarely correct for home standby.
Why Drivers Get This Wrong
Common assumptions that cause breaches:
“I wasn’t driving so it doesn’t count”
“I was just waiting”
“I was paid for it anyway”
“Transport told me to log POA”
None of these change whether time legally counts as Working Time.
Enforcement is evidence-based, not intention-based.
The Safe Rule (Remember This)
If you are unsure whether time qualifies as POA:
Record it as Other Work.
Why this protects you:
Recording work as work is never an offence
Recording POA incorrectly often is
This single habit prevents most WTD infringements.
Related Guides
- POA vs Break – What HGV Drivers Must Get Right
Second Jobs, Manual Entries & WTD Explained
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