Archive for motor vehicle

Motor vehicles and injuries at work

Toll Pty Ltd v Harradine [2016] NSWCA 374

The authorities establish that if the forklift in the present case was being used to unload the contents of the stillage onto the trailer, and the forklift was stationary during this process, Mr Bournes was not “driving” it within the meaning of s 3A(1) of the MAC Act.

…..

a slight movement of the forklift forwards or backwards while the unloading process was continuing would not change the “exclusive non-driving character” of the process

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