Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_78
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 78
Character Range: 138736–139824

78  Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections
 (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 Reform (Mass and Loading) Regulations of the Commonwealth provide 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.

Subdivision 4—Miscellaneous