New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 40

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.