113Substantial risk breach

113 Substantial 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.