106Substantial risk breach

106 Substantial risk breach (1) A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if— (a) the subject matter of the contravention is— (i) equal to or greater than a substantial risk breach lower limit for the requirement; and (ii) less than the severe risk breach lower limit for the (b) the requirement is a substantial risk breach of a 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 substantial risk breach if— (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and (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 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 substantial risk breach if— (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and

(b) the contravention happens— (i) at night; or (ii) in hazardous weather conditions causing reduced visibility. See also section 108(3).