A driver's act of pausing a vehicle with the engine running and directing a passenger to open a gate as part of a manoeuvre constitutes continued 'driving' under s 3 of the Motor Accidents Compensation Act 1999 (NSW). The strategy adopted by a driver for bringing about the passage of a vehicle through gates is a feature of the driving, so that injuries arising from that strategy are 'a result of' the driving. The whole process of positioning the vehicle and arranging for the gate to be opened is fault 'in the use or operation of' the vehicle.
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