Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_69
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 69
Character Range: 129550–130862

69  Substantial risk breaches

Mass requirement
 (1) A breach of a mass requirement is a substantial risk breach if the subject‑matter of the breach:
 (a) is equal to or greater than the lower limit for a substantial risk breach of the requirement; and
 (b) is less than the lower limit for a severe risk breach of the requirement.

Dimension requirement
 (2) A breach of a dimension requirement is a substantial risk breach if the subject‑matter of the breach:
 (a) is equal to or greater than the lower limit for a substantial risk breach of the requirement; and
 (b) is less than the lower limit for a severe risk breach of the requirement.

Load restraint requirement
 (3) 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.