Whether a vehicle is a 'motor vehicle' for which registration is required under the Motor Accident Insurance Act 1994 (Qld) is determined solely by reference to the use of the vehicle at the time of the accident, not by reference to prior or habitual road use. The approach in Kelly v Alford [1988] 1 Qd R 404, which permitted consideration of prior road use, is no longer to be followed. Consequently, the Nominal Defendant cannot be liable as deemed insurer of a vehicle that was being used off-road at the time of the accident, regardless of whether the vehicle had previously been driven on roads.
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