Coffeeholic:
ROG:
If what you quoted was conformed to then the driver would not be opted out as they would be restricted to 10 hours in any 24 period
No he wouldn’t, he could still be opted out. That quote, taken as a standalone quote, would only limit his start time to the same time, or later, than his previous shift but he could still work more than 10 hours in a 24-hour period. That is what Del is getting at, he is asking are your start times still limited when doing night work with an opt out in place. They are not, except by the daily rest requirements of the tacho regs.
thanks Neil got there in the end 
would like to ask this about working time, if and the this is a big if, is there a part of the WTD that as absolute rule over the EU regs 
delboytwo:
Coffeeholic:
ROG:
If what you quoted was conformed to then the driver would not be opted out as they would be restricted to 10 hours in any 24 period
No he wouldn’t, he could still be opted out. That quote, taken as a standalone quote, would only limit his start time to the same time, or later, than his previous shift but he could still work more than 10 hours in a 24-hour period. That is what Del is getting at, he is asking are your start times still limited when doing night work with an opt out in place. They are not, except by the daily rest requirements of the tacho regs.
thanks Neil got there in the end
I got there when I first read your original post Del, just didn’t want to give the game away too early in the thread before ROG had started to tie himself in knots. 
delboytwo:
would like to ask this about working time, if and the this is a big if, is there a part of the WTD that as absolute rule over the EU regs
Just off the top of my head the break at 6 hours work rule and 30 minutes for 9 hours work and 45 minutes for 12, no requirement for a break under EU regs until 4.5 hours driving so under EU rules you could legally do a 15 hour shift with no break. Also the 60 hours work in a week maximum, more than that could be worked, driving and other work, in a week under EU regs alone.
Coffeeholic:
Just off the top of my head the break at 6 hours work rule and 30 minutes for 9 hours work and 45 minutes for 12, no requirement for a break under EU regs until 4.5 hours driving so under EU rules you could legally do a 15 hour shift with no break. Also the 60 hours work in a week maximum, more than that could be worked, driving and other work, in a week under EU regs alone.
and night work if no opt out