A slight movement of a forklift backwards or forwards during an unloading operation does not of itself constitute 'driving' within s 3A(1) of the Motor Accidents Compensation Act 1999 (NSW). However, if the unloading operation has been completed and the operator reverses the forklift in preparation for moving it away, the locomotion function has commenced and the vehicle is being 'driven'. Even where injury occurs during driving, the causation requirement of s 3A(1) requires the injury to be 'a result of' the driving, directing attention to notions of predominance and immediacy — a worker's own action in stepping onto an unsecured load may be the predominant cause defeating the claim. A dangerous situation created by a failure to secure a load to a vehicle, rather than by the driving of the vehicle, does not satisfy s 3A(1)(d).
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