113Substantial risk breach

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.

Loading requirements Part 4.4 Evidentiary provision Division 3