Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 107

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

        (a)     the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or

        (b)     the contravention is a severe risk breach of the 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 "severe risk breach" if—

        (a)     the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) 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 from it 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 "severe risk breach" if—

        (a)     the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and

        (b)     either—

              (i)     the contravention happens—

    (A)     at night; or

    (B)     in hazardous weather conditions causing reduced visibility; or

              (ii)     the vehicle's load projects from it in a way that is dangerous to persons or property.