24   Determining whether a breach “involves” risk

(cf model provisions, s 65)

For the purposes of this Act, in determining whether or not a breach of a mass, dimension or load restraint requirement involves an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity, regard is to be had to:

(a)  the nature and severity of the breach, and

(b)  the consequences or likely consequences of the breach, and

(c)  any other relevant factors.