Road Accident Fund v Vogel

The respondent was involved in a collision with a mobile Hobart ground power unit at an airport. The unit is a self-propelled machine used to supply electrical power to stationary aircraft. The respondent claimed compensation from the Road Accident Fund (RAF) under the Road Accident Fund Act 56 of 1996. The RAF raised a special plea contending that the unit was not a 'motor vehicle' as defined in section 1 of the Act. The High Court declared that the unit was a motor vehicle and that the collision was caused by the sole negligence of the operator. Leave to appeal was granted only on the question whether the unit fell within the statutory definition of a motor vehicle.

The appeal was upheld with costs. The order of the court a quo dismissing the special plea was set aside and replaced with an order upholding the special plea and dismissing the plaintiff’s claim with costs.

This case reaffirms and clarifies the interpretation of 'motor vehicle' under the Road Accident Fund Act, emphasizing that mere self-propulsion or occasional use on public roads is insufficient. It underscores the importance of both design purpose and objective suitability for general public road use, thereby limiting RAF liability in respect of specialized industrial or airport equipment.