106Substantial risk breach

106 Substantial 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 requirement; or

(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

(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.

(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.

Note—

See also section 108(3).