Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_76
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 76
Character Range: 136724–137668

76  Lower limits—width breaches: recategorisation of certain breaches
 (1) This section applies to a breach of a dimension requirement to which section 72 (Lower limits—width breaches: projection of load) or section 73 (Lower limits—width breaches: overall width of laden vehicle or combination) applies, where:
 (a) the breach is committed:
 (i) at night; or
 (ii) in hazardous weather conditions causing reduced visibility; or
 (iii) on a declared route or in a declared zone; and
 (b) the breach would, because of lower limits applicable under section 72 or 73 and apart from this Subdivision, be a minor risk breach or a substantial risk breach.
 (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.