Australian Capital Territory Current Acts

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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 113

Substantial risk breach

    (1)     A contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve—

        (a)     an appreciable safety risk; or

        (b)     an appreciable risk of—

              (i)     damage to road infrastructure; or

              (ii)     causing an adverse effect on public amenity.

    (2)     A contravention of a loading requirement applying to a heavy vehicle is also a "substantial risk breach" if—

        (a)     the subject matter of the contravention does not involve a loss or shifting of the load; and

        (b)     had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved—

              (i)     an appreciable safety risk; or

              (ii)     an appreciable risk of—

    (A)     damage to road infrastructure; or

    (B)     causing an adverse effect on public amenity.



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