76Lower limits—width breaches: recategorisation of certain breaches

76 Lower limits—width breaches: recategorisation of certain breaches

(1) This section applies to a breach of a dimension requirement to which section 72 (Lower limits—width breaches: projection of load) or section 73 (Lower limits—width breaches: overall width of laden vehicle or combination) applies, where: (a) the breach is committed: (i) at night; or (ii) in hazardous weather conditions causing reduced visibility; or (iii) on a declared route or in a declared zone; and (b) the breach would, because of lower limits applicable under section 72 or 73 and apart from this Subdivision, be a minor risk breach or a substantial risk breach. (2) A breach to which this section applies that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach. (3) A breach to which this section applies that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.