New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 41

41 Lower limits-dimension breaches: recategorisation of certain breaches involving dangerous projections

(cf model provisions, s 78)

(1) This section applies to a breach of a dimension requirement to which a provision of Subdivision 2 applies, where:

(a) the load on a vehicle or combination projects from the vehicle or combination in a way that is dangerous to persons or property, and

(b) the breach would, because of lower limits applicable under those other provisions 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 a load on a vehicle must not project in a way that is dangerous to property, even if all dimension and warning requirements are met.

(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.