Roymondo:
Rather than rely on other website authors’ (often misinformed, even more often poorly/inaccurately worded) interpretations, simply read and understand what the legislation actually says and take your breaks accordingly.
and that is the issue how you interpret the law…
for instance (the red bits are mine the rest from the .Gov website)
7.—(1) No mobile worker shall work for more than six hours without a break. so you gotta after 6 hours have a break- but for how long ■■
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time. - aha a break is defined as a period of time of 30 minutes or is it
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each… so if the break is 30 minutes after 6 hours you can break it down and have 15 minutes of them early- but do you need a total of 30 minutes by the time you have worked over 6 hours?
From the CM article is this scenario (bear in mind this article was written in 2011) We have VOSA’s interpretation at that time
let’s say you drive for two hours to a RDC you have 15 minutes break on site while waiting to be unloaded, are still at the RDC 3 hours and 45 minutes later, can you then take the 30 minute second break to be on the right side of both laws?, or does the break for WTD have to be a block of 30 minutes?”
total of 6 hours work with 15 minutes WTD break…
The man from VOSA then gave their interpretation
Gordon MacDonald, traffic enforcement policy advisor at VOSA, says: “The question only involves two hours worth of driving, so the first 15 minute break fulfils the driver’s obligation for part of a 45 minute break after four and a half hours driving. There is no requirement to take another break in relation to EC driving, at least not until the driver does another two and a half hours driving, at which point he’d half to take 30 minutes break.
“As far as WTD breaks are concerned, these can be broken down into periods of no less than 15 minutes. Therefore, having taken one break of 15 minutes after two hours, he then needs to take another 15 minute break after the lengthy spell at the RDC. The driver obviously can’t use this additional 15 minutes towards his EU break, because the second break must be at least 30 minutes.”
It is still slightly amibigous but I read that as VOSA reckon the required break for mobile workers is 30 minutes before they have worked 6hours and 1 minute . Now it maybe that VOSA have changed their interpretation since 2011 if so I would be glad to pass it onto the editorial team to update the article