Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 111

    (1)     In this chapter:

"severe" risk breach , of a mass, dimension or loading requirement means any of the following:

        (a)     a severe risk breach—mass requirement;

        (b)     a severe risk breach—dimension requirement;

        (c)     a severe risk breach—loading requirement.

    (2)     In this section:

severe risk breach—dimension requirement means a breach of a dimension requirement if the subject matter of the breach is equal to or larger than the lower limit for a severe risk breach of the dimension requirement.

Note     The lower limit for a severe risk breach of a dimension requirement is dealt with in s 113, s 114, s 115 and s 116.

severe risk breach—loading requirement , for a load, means a breach of a loading requirement if loss or shifting of the load—

        (a)     has already happened or is imminent; and

        (b)     involves an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

Note 1     For whether the loss or shifting of the load in a vehicle or combination is "imminent"—see s 105.

Note 2     Whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.

severe risk breach—mass requirement means a breach of a mass requirement if the subject matter of the breach has a mass equal to or more than the lower limit for a severe risk breach of the mass requirement.

Note     The lower limit for a severe risk breach of a mass requirement is dealt with in s 112 (2).

Subdivision 2.2.2.2     Lower limits for breaches