25   Meaning of “imminent” loss or shifting of load

(cf model provisions, s 66)

(1)  For the purposes of this Chapter, the loss or shifting of the load of a vehicle or combination is imminent if it is assessed by the officer or court concerned to be likely to occur during the journey being or about to be undertaken by which the load is being or is to be transported, having regard to:

(a)  the nature and condition of the vehicle or combination, and

(b)  the nature, condition, placement and securing of the load, and

(c)  the length of the journey, and

(d)  the nature and condition of the route of the journey, and

(e)  any other relevant factors.

(2)  For the purposes of this Act, the disembarkation of persons from, or the movement of persons on, a vehicle or combination does not constitute a loss or shifting of the load of the vehicle or combination.