New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 31

31 Minor risk breaches

(cf model provisions, s 68)

(1) Mass requirement A breach of a mass requirement is a minor risk breach if the subject-matter of the breach is less than the lower limit for a substantial risk breach of the requirement.

(2) Dimension requirement A breach of a dimension requirement is a minor risk breach if the subject-matter of the breach is less than the lower limit for a substantial risk breach of the requirement.

(3) Load restraint requirement A breach of a load restraint requirement is a minor risk breach if the loss or shifting of the load concerned:

(a) has not occurred and is not imminent, and

(b) is assessed by the officer or court concerned not to involve (if it were to occur) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.