South Australian Consolidated Regulations

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ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 - REG 19FB

19FB—Interpretation

        (1)         In this Part—

"declared route" means a road, or part of a road, declared under subregulation (4) to be a declared route for the purposes of this Part;

"dimension requirement" means a mass, dimension or load restraint requirement relating to dimensions;

"legislatively specified mass limit" means a mass limit specified in a law, under the authority of a law or by a sign erected or displayed under a law, whether a law of this State or another jurisdiction;

"load restraint requirement" means a mass, dimension or load restraint requirement relating to the restraint or positioning of loads on vehicles;

"mass requirement" means a mass, dimension or load restraint requirement relating to mass limits.

        (2)         For the purposes of this Part, the loss or shifting of the load of a vehicle is "imminent" if it is assessed by the officer or court concerned to be likely to occur during the journey being or about to be undertaken by which the load is being or is to be transported, having regard to—

            (a)         the nature and condition of the vehicle; and

            (b)         the nature, condition, placement and securing of the load; and

            (c)         the length of the journey; and

            (d)         the nature and condition of the route of the journey; and

            (e)         any other relevant factors.

        (3)         For the purposes of this Part, the disembarkation of persons from, or the movement of persons on, a vehicle does not constitute a loss or shifting of the load of the vehicle.

        (4)         The Minister may, by notice published in the Gazette—

            (a)         declare a road, or part of a road, to be a declared route for the purposes of this Part; and

            (b)         vary or revoke a declaration under this subregulation.



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