South Australian Consolidated Regulations

ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 - REG 19FF

19FF—Categories of load restraint requirement breaches

        (1)         A breach of a load restraint requirement is a minor risk breach if the loss or shifting of the load concerned—

            (a)         has not occurred and is not imminent; and

            (b)         is assessed by the officer or court concerned not to involve (if it were to occur) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

        (2)         A breach of a load restraint requirement is a substantial risk breach if—

            (a)         the loss or shifting of the load concerned—

                  (i)         has already occurred or is imminent; and

                  (ii)         is assessed by the officer or court concerned not to involve an appreciable risk of harm to public safety, the environment or road infrastructure; or

            (b)         the loss or shifting of the load concerned—

                  (i)         has not occurred and is not imminent; and

                  (ii)         is assessed by the officer or court concerned to be likely to occur (though not imminent) and to involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

        (3)         A breach of a load restraint requirement is a severe risk breach if the loss or shifting of the load concerned—

            (a)         has already occurred or is imminent; and

            (b)         is assessed by the officer or court concerned to involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.