sec.106Substantial risk breach

### sec.106 Substantial risk breach A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if— the subject matter of the contravention is— equal to or greater than a substantial risk breach lower limit for the requirement; and less than the severe risk breach lower limit for the requirement; or the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) . A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and either— the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or the vehicle’s load projects in a way that is dangerous to persons or property. A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and the contravention happens— at night; or in hazardous weather conditions causing reduced visibility. See also section 108 (3) . (sec.106-ssec.1) A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if— the subject matter of the contravention is— equal to or greater than a substantial risk breach lower limit for the requirement; and less than the severe risk breach lower limit for the requirement; or the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) . (sec.106-ssec.2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and either— the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or the vehicle’s load projects in a way that is dangerous to persons or property. (sec.106-ssec.3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if— the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and the contravention happens— at night; or in hazardous weather conditions causing reduced visibility. See also section 108 (3) . - (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 requirement; or - (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 requirement; or - (b) the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3) . - (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 requirement; or - (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and - (b) either— (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. - (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. - (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. - (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. - (i) at night; or - (ii) in hazardous weather conditions causing reduced visibility. - (i) at night; or - (ii) in hazardous weather conditions causing reduced visibility.