New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 34

34 Lower limits-mass breaches

(cf model provisions, s 71)

(1) This section applies to a mass requirement imposed by reference to:

(a) a legislatively specified mass requirement, or

(b) a manufacturer’s mass rating, or

(c) the lower of:

(i) a legislatively specified mass requirement, and

(ii) a manufacturer’s mass rating,

for a vehicle or combination, or for any component of a vehicle or combination, or for any load in or on a vehicle or combination.

(2) Substantial risk breach The lower limit for a substantial risk breach of a mass requirement to which this section applies is:

(a) in the case of a mass requirement that relates to the gross mass of a vehicle or combination:

(i) 105% of the maximum permissible mass, rounded up to the nearest 0.1 tonne, or

(ii) 0.5 tonne,

whichever is the greater, or

(b) in any other case-105% of the maximum permissible mass, rounded up to the nearest 0.1 tonne.

Note: 105% of the maximum permissible mass is equivalent to the permissible mass plus an additional 5%.

(3) Severe risk breach The lower limit for a severe risk breach of a mass requirement to which this section applies is 120% of the maximum permissible mass, rounded up to the nearest 0.1 tonne.

Note: 120% of the maximum permissible mass is equivalent to the permissible mass plus an additional 20%.