Subdivision 4 Miscellaneous

42   Regulations for increasing lower limits

(cf model provisions, s 79)

(1)  The regulations may specify a different lower limit, or a different method of calculating a lower limit, for a substantial risk breach or a severe risk breach of a mass, dimension or load restraint requirement to which a provision of Subdivision 2 applies.

(2)  The regulations must not specify a limit that is lower than that provided by the relevant provision of Subdivision 2.

(3)  The regulations may provide that a specified limit or method applies generally or in specified classes of cases.

Note. This section enables higher breakpoints to be applied because of there being less risk associated with a particular breach.

43   Special categorisation of breaches of requirements relating to dangerous projections

(cf model provisions, s 80)

(1)  This section applies to a breach of a requirement of an Australian applicable road law:

(a)  to the effect that a load on a vehicle or combination must not project in a way that is dangerous to a person or property, even if all dimension, warning or other requirements are met, and

(b)  that is not, apart from this section, a mass, dimension or load restraint requirement.

(2)  For the purposes of this Act, a breach to which this section applies is taken to be:

(a)  a breach of a dimension requirement, and

(b)  a minor risk breach of that requirement, unless subsection (3) applies.

(3)  The breach is taken to be a substantial risk breach if the breach is committed:

(a)  at night, or

(b)  in hazardous weather conditions causing reduced visibility.

44   Other provisions for categorisation to prevail

(cf model provisions, s 81)

This Division has effect subject to any other provisions of the applicable road laws.