Section 107 - Heavy Vehicle National Law (NSW) - Severe risk breach

107Severe risk breach

Start here

Get a plain-English read of 107

Turn the raw legal text into a practical explanation grounded in Heavy Vehicle National Law (NSW).

107 Severe risk breach

(1) A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—

(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).

(2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—

(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.

(3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if—

(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.