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Heavy Vehicle National Law Act 2012
sec.107Severe risk breach
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### sec.107 Severe risk breach
A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—
the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or
the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .
A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—
the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) 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 from it 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 severe risk breach if—
the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and
either—
the contravention happens—
at night; or
in hazardous weather conditions causing reduced visibility; or
the vehicle’s load projects from it in a way that is dangerous to persons or property.
(sec.107-ssec.1) A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if— the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .
(sec.107-ssec.2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if— the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) 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 from it in a way that is dangerous to persons or property.
(sec.107-ssec.3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if— the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and either— the contravention happens— at night; or in hazardous weather conditions causing reduced visibility; or the vehicle’s load projects from it in a way that is dangerous to persons or property.
- (a) the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or
- (b) the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3) .
- (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) 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 from it 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 from it 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 from it in a way that is dangerous to persons or property.
- (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106 (1) (a) if this subsection were not enacted; and
- (b) either— (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.
- (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or
- (A) at night; or
- (B) in hazardous weather conditions causing reduced visibility; or
- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.
- (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or
- (A) at night; or
- (B) in hazardous weather conditions causing reduced visibility; or
- (ii) the vehicle’s load projects from it in a way that is dangerous to persons or property.
- (A) at night; or
- (B) in hazardous weather conditions causing reduced visibility; or