Heavy Vehicle National Law (Queensland)
sec.106Substantial risk breach
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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