Michigan Court of Appeals; Docket No. 95236; Unpublished
Judges Sawyer, Sullivan, and Thomas; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (General) [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals addressed the definition of a motor vehicle as set forth in §3101 as applied to a "front-end loader."
Plaintiff was insured on November 30, 1983, while operating his employer's Fiat-Allis front-end loader on private property owned by Upjohn Company. Plaintiff claimed no-fault benefits which defendant disputed on the basis that the front end loader was not a motor vehicle as defined by §3101(2)(c).
In upholding the decision of the trial court denying benefits, the Court of Appeals held that the statutory provision defines a motor vehicle as a machine powered vehicle with more than two wheels which, at the time of the accident, is either (1) operated upon a public highway, or (2) designed primarily for operation upon a public highway. In this case, the court held that the front-end loader failed the first test because it was being operated upon private property in addition, the front-end loader was not primarily designed for operation on a public highway since it could only operate on a public highway at low speeds, and its primary purposes were for digging, lifting and spreading connected with construction work. The vehicle's limited capacity for operation on a public highway does not invalidate the trial court's decision that the machine was not designed primarily for use on a public highway.
