Ok…
This is obviously the WTD your talking about…
Well firstly, its a DIRECTIVE, not a law, and so as far as I know, you can only be prosecuted for breaking the law.
Next the question in hand:
A worker must take 15 minutes break before 6 hours of DUTY time, if the shift is of 6-9 hours is length a worker must have another 15 minute break before the end of 9 hours of DUTY equalling 30 minutes break in total, however> no period greater than 6 hours should expire without the worker having adequate rest period, so in other words if your working a 9 hour shift , you cannot work for 7 hours then take a 30 minute break, equally you cannot take a 30 minute break after 2 hours as this would leave a period of 6.5 hours until the end of the DUTY ( there is a reason I emphasize DUTY … )
If your shift extends to 12 hours then you must take a further 15 minutes break within the period 9-12, 12 hour shift = 45 minute break, broken over certain periods not to exceed 6 hours of DUTY.
Now, a Driver must incorporate this with their EU LAWS, which it turns out is rather simple, take 15 minutes within the first 6 hours and with MOST drivers before 9 hours of DUTY is up the would have driven for 4.5 hours and will be completing the second part of their break by stopping for the 30 minutes to make up the break period required by the EU LAWS and the WTD of 45 minutes before 4.5 of driving is completed and 30 minutes in a period of 9 hours.
As a driver you may have taken 45 by this point which will cover a worker/driver to a shift of 12 hours without requiring another break…
The next subject I want to discuss is P.o.A or better known as LoL
P.o.A:
Can a driver sit on POA fro 3 hours and then go and drive for 4 hours then take a break of 45 minutes…now I have read somewhere that certain people think this is ok, but I do not think it is, now I know some of you will be moaning "Yeah!!! But POA does not count towards working time ( which is true) BUT, it does count towards DUTY time, and if you read the laws correctly and interpret them correctly, (Its called learning)
The point is you cannot sit on POA for 3 hours and then do another period greater than 3 more hours without breaking the WTD, what you have to remember is that the WTD is for all workers and not just drivers, you wouldn’t stop a worker from going to lunch because the machine has broken down (as in they have been standing around all day)
REMEMBER
Before 6 hours of DUTY (POA is DUTY) you must have 15 minutes rest period.
This is how it works in the real world, if I get to somewhere and I am having nothing to do but sit in my cab ( on my bunk watching tv drinking coffee) then I am on Break, not POA, the reason being is that if it takes 2 hours to TIP, i am in a state of recuperation (which is rest period) when I am done, I can then work for another 6 hours of DUTY time or 4.5 hours of driving whichever is first, if however I was on POA then the 2 hours of tipping and turning would not count towards my weekly working time but would count towards my daily DUTY time.
And the WTD quite clearly states: Before a period of DUTY not exceeding 6 hours.
Anyway, hope this clears up a few questions, feel free to ask if you have any others that you need interpreting properly for you.
1 last point, there is no directive for periods over 12 hours as far as I know, I cant remember the last time I did less than 60 Hrs DUTY in a week…15,13,15,13,15 = 48 working time 