Subdivision 3 Recategorisation of certain breaches

39   Lower limits—width breaches: recategorisation of certain breaches

(cf model provisions, s 76)

(1)  This section applies to a breach of a dimension requirement to which section 35 (Lower limits—width breaches) or section 36 (Lower limits—width breaches: overall width of 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 (within the meaning of Part 3.6), and

(b)  the breach would, because of lower limits applicable under section 35 or 36 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.

40   Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections

(cf model provisions, s 77)

(1)  This section applies to a breach of a dimension requirement to which section 38 (Lower limits—overall length breaches) applies, where:

(a)  the rear of a load on a vehicle or combination fails to carry a required warning signal, and

(b)  the breach would, because of lower limits applicable under section 38 and apart from this Subdivision, be a minor risk breach or a substantial risk breach.

Note. The Road Transport (Mass, Loading and Access) Regulation 2005 provides that the rear of a load on a vehicle must carry a warning signal if the load projects more than 1.2 metres behind the vehicle or in other specified circumstances.

(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.

41   Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections

(cf model provisions, s 78)

(1)  This section applies to a breach of a dimension requirement to which a provision of Subdivision 2 applies, where:

(a)  the load on a vehicle or combination projects from the vehicle or combination in a way that is dangerous to persons or property, and

(b)  the breach would, because of lower limits applicable under those other provisions and apart from this Subdivision, be a minor risk breach or a substantial risk breach.

Note. The Road Transport (Mass, Loading and Access) Regulation 2005 provides that a load on a vehicle must not project in a way that is dangerous to property, even if all dimension and warning requirements are met.

(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.