Queensland Numbered Acts

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 106

106 Substantial risk breach

(1) A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if—

(a) the subject matter of the contravention is—
(i) equal to or greater than a substantial risk breach lower limit for the requirement; and
(ii) less than the severe risk breach lower limit for the requirement; or
(b) the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3).

(2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if—

(a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b) either—
(i) the rear of the vehicle's load does not carry a sign or warning device required by the national regulations; or
(ii) the vehicle's load projects in a way that is dangerous to persons or property.

(3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if—

(a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b) the contravention happens—
(i) at night; or
(ii) in hazardous weather conditions causing reduced visibility.
Note—
See also section 108(3).


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