Road Accident Fund v Van Den Berg (19/2005)
Road Accident Fund v Van Den Berg (19/2005) [2005] ZASCA 104; 2006 (2) SA 250 (SCA) (16 November 2005)
The Supreme Court of Appeal held that the Hamm GRW 18 pneumatic tyre roller qualifies as a 'motor vehicle' under section 1 of the Road Accident Fund Act 56 of 1996. The court found that the definition requires an objective assessment of the vehicle's design and general use. Expert evidence established that the PTR is regularly used to travel on public roads between construction sites and is equipped with features necessary for safe road use. The court rejected the appellant's argument that the PTR's speed, tyres, and centre of gravity rendered it inherently dangerous, noting that these factor…
Source excerpt
- Road Accident Fund Act
- Definition Of Motor Vehicle
- Objective Design Test