The insurer appealed the Tribunal’s decision that the dirt bike involved in the accident was an automobile for the purposes of the SABS. The Tribunal had concluded that the dirt bike was required to be insured under the Off-Road Vehicles Act and was not exempt from insurance through the regulation that allowed off-road vehicles to be uninsured when “driven or exhibited at a closed course competition or rally sponsored by a motorcycle association.” The Court dismissed the appeal and confirmed that the dirt bike was considered an automobile. The Court agreed with the Tribunal’s approach to interpreting the ORVA as being for the protection of innocent victims of automobile accidents, and the narrow reading of the exemption to the ORVA.
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