Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The purpose of this section is to bring to the attention of courts the general implications and consequences of breaches of mass, dimension or loading requirements when deciding the kinds and levels of sanctions to be imposed.
(2) In deciding the sanctions (including the level of fine) that are to be imposed for breaches of mass, dimension or loading requirements, a court is to take into consideration the categorisation of the breach under this part and, having regard to the categorisation, the following matters:
(a) minor risk breaches involve either or both of the following:
(i) an appreciable risk of accelerated road wear;
(ii) an appreciable risk of unfair commercial advantage;
(b) substantial risk breaches involve 1 or more of the following:
(i) a substantial risk of accelerated road wear;
(ii) an appreciable risk of damage to road infrastructure;
(iii) an appreciable risk of increased traffic congestion;
(iv) an appreciable risk of diminished public amenity;
(v) a substantial risk of unfair commercial advantage;
(c) severe risk breaches involve 1 or more of the following:
(i) an appreciable risk of harm to public safety or the environment;
(ii) a serious risk of accelerated road wear;
(iii) a serious risk of harm to road infrastructure;
(iv) a serious risk of increased traffic congestion;
(v) a serious risk of diminished public amenity;
(vi) a serious risk of unfair commercial advantage.
Note Deciding whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.
(3) Nothing in this section affects any other matters that may or must be taken into consideration by a court.
(4) Nothing in this section authorises or requires a court to assign the breach to a different category of breach.
(5) Nothing in this section requires evidence to be presented in relation to the matters that are to be taken into consideration by a court under this section.