The Queensland Court of Appeal held (2-1) that a skid steer loader (bobcat) owned by a Shire Council was not a 'motor vehicle' as defined in the Motor Accident Insurance Act 1994 (Qld), where the bobcat was being used to fix a broken water pipe located under a road. The Court determined that the bobcat constituted equipment being used for the construction of works for, or maintenance of, road transport infrastructure, and therefore fell within the exclusion from the statutory definition. The dissent of Holmes J indicates the question was finely balanced, particularly regarding whether repairing a water pipe beneath a road constituted maintenance of road transport infrastructure.
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