New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 39

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.