(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.