Michigan Court of Appeals; Docket No. 117911; Unpublished
Judges Gribbs, Cavanagh, and Marilyn Kelly; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Definition of Motor Vehicle (Other Motorized Devices) [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court's grant of summary disposition on grounds that the vehicle at issue was not, as a matter of law, a motor vehicle for purposes of the No-Fault Act, §3101 (2)(e).
In this case, the vehicle at issue was a "scraper," which the defendant insurance company contended was not a motor vehicle within the meaning of the No-Fault Act provision of §3101 (2)(e), which defines a motor vehicle as a vehicle, including a trailer, operated or designed for operation upon a public highway by power-other than muscular power which has more than two wheels.
In this case, the vehicle involved was without tail lights, turn signals, or a speedometer. It could not be operated on a public highway without a special permit and two escort vehicles.
The Court of Appeals held that the trial court did not err in concluding that the scraper was not "designed for operation upon a public highway."
[Author's Comment: The opinion did not indicate whether or not the accident occurred on a public highway.]
