New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 43

43 Special categorisation of breaches of requirements relating to dangerous projections

(cf model provisions, s 80)

(1) This section applies to a breach of a requirement of an Australian applicable road law:

(a) to the effect that a load on a vehicle or combination must not project in a way that is dangerous to a person or property, even if all dimension, warning or other requirements are met, and

(b) that is not, apart from this section, a mass, dimension or load restraint requirement.

(2) For the purposes of this Act, a breach to which this section applies is taken to be:

(a) a breach of a dimension requirement, and

(b) a minor risk breach of that requirement, unless subsection (3) applies.

(3) The breach is taken to be a substantial risk breach if the breach is committed:

(a) at night, or

(b) in hazardous weather conditions causing reduced visibility.