B.C. Reg. 447/83
O.C. 1897/83
Deposited December 1, 1983

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 385/2012, March 18, 2013]

Point in Time

Part 1 — Interpretation

Interpretation

1  (1) In this regulation:

"Act" means the Insurance (Vehicle) Act;

"actual cash value" means the average market price a purchaser would have paid for an insured vehicle or other insured property immediately before loss or damage occurs to the vehicle or other property;

"amphibious vehicle" means a vehicle that is designed or adapted for operation on both land and water;

"application", when used in respect of an application to the corporation relating to the plan, means an application in a form established by the corporation and signed by the applicant;

"bus" means

(a) a motor vehicle used

(i)   at any time on a highway to carry passengers for compensation from an airport to limited predetermined points or from those points to an airport,

(ii)   at any time on a highway exclusively for the conveyance of a person or group of persons to whom or for whose use the vehicle is chartered at a fixed price for the use of the whole vehicle,

(iii)   to transport, without direct compensation, passengers who have a connection with the business activities of the owner or renter of the motor vehicle,

(iv)   at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle, and available for use by the public, or

(v)   as a school bus or special activity bus as defined in section 1 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, or

(b) a commercial motor vehicle owned or rented by a religious organization and used exclusively for the transportation of passengers for purposes related to the religious activities of the organization;

"camper" means a removable structure designed to be mounted on a motor vehicle to provide facilities for human habitation or camping;

"combination of vehicles" means every combination of a motor vehicle with another vehicle;

"commercial motor vehicle" means a motor vehicle that is registered and licensed as a commercial vehicle under the Commercial Transport Act or Motor Vehicle Act;

"commercial use" means use of a vehicle for the delivery or carriage of goods;

"commission" means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act;

"courtesy car" means a licensed vehicle rented or lent to a customer by a garage service operator as a temporary substitute for a licensed vehicle

(a) the customer has entrusted to the care, custody or control of a garage service operator for repair or servicing, or

(b) the garage service operator has taken from the customer as payment or part payment for the purchase of another motor vehicle that is to be delivered to the customer;

"cycle" means a cycle as defined in Part 3 of the Motor Vehicle Act;

"dealer" means a dealer as defined in the Motor Vehicle Act;

"declared value" means the value declared by the owner of a vehicle to the corporation in a declaration of value;

"dependant" means

(a) a dependent child, or

(b) dependent parent;

"dependent child" means a person

(a) under 19 years old for whose support the head of household is legally liable and who is dependent on the head of household for financial support, or

(b) 19 years old or over who resides with the head of household and, because of mental or physical infirmity, receives most of his financial support from the head of household;

"dependent parent" means a surviving parent, including a surviving spouse of a parent, of an insured who, at the date of an accident for which a claim is made, resides with the insured and receives most of his financial support from the insured;

"garage service operator" means the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairer, auto body shop repairer, wrecker operator and the operator of a vehicle parking or storage facility;

"gross vehicle weight" means gross vehicle weight as defined in the Commercial Transport Act;

"head of household" means an insured or the spouse of an insured, whichever had the greater reported income during the 12 months immediately preceding the date of an accident for which a claim is made;

"household" means every person ordinarily residing in the same dwelling unit;

"implement of husbandry" means an implement of husbandry as defined in the Motor Vehicle Act but does not include a farm tractor;

"leased vehicle" means a vehicle rented under a written agreement for a period of not less than one month;

"lienholder" means a secured party under the Personal Property Security Act, a garage keeper under the Repairers Lien Act or any other person claiming an interest in a vehicle if the person has registered a financing statement in the personal property registry;

"limousine use" means use of a motor vehicle for rental or hire with driver on an hourly basis but does not include a rental or hiring with driver of less than one hour;

"motorcycle" means a motorcycle as defined in the Motor Vehicle Act;

"number plates" means number plates as defined in the Motor Vehicle Act;

"occupant" means a person operating or riding in a vehicle or camper and includes

(a) a person entering or alighting from a vehicle or camper, and

(b) a person, other than a garage service operator or an employee of a garage service operator, who is working, or whose dependant is working, in or on a vehicle or camper owned by that person;

"occurrence" means a single happening or a series of happenings arising from a single event;

"operate", in the case of a vehicle, includes to have care, custody or control of the vehicle;

"premium-related debt" means one or more of the following:

(a) the interest that has accrued on an unpaid premium under section 15.71;

(b) a service charge imposed by the corporation

(i)   under section 15.8, or

(ii)   for a declaration of entitlement for a new certificate;

(c) a default paid by the corporation in accordance with section 58.1 (3);

(d) interest, charges or fees imposed by the corporation for financial assistance given by it in respect of all or part of the premium, or licensing or registration fees;

"principal operator" means the person who will operate the vehicle described in an application for a certificate for the majority of the time the vehicle is operated during the term of the certificate;

"snowmobile" means a snowmobile as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"snow vehicle" means a snow vehicle as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"special coverage certificate" means a certificate that is issued under section 149;

"spouse" means a person who is married to another person or who is living in a marriage-like relationship with that other person for at least 2 years immediately preceding the date on which the right to claim benefits or insurance money arose;

"taxi" means a vehicle, other than a bus, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the vehicle, and that is available for hire, with driver, by the trip;

"territory" means, in relation to the plan, a region of British Columbia established by the corporation under section 34 (1.1) of the Act;

"U-drive" means a vehicle available for hire or rental, without driver, by the hour or otherwise, for a period of less than one month, but does not include a courtesy car;

"vehicle rate class" means, in relation to the plan, a class or subclass of vehicles established by the corporation under section 34 (1) of the Act;

"vessel" means a ship, barge, boat or other description of vessel used or designed to be used in navigation but does not include a rowboat or a raft, logboom or other similar floating facility.

(2) In the Act and this regulation, "motor vehicle" includes

(a) a farm tractor, and

(b) an implement of husbandry that is operated on a highway and is deemed under section 2 (6) of the Motor Vehicle Act to be registered and licensed under that Act.

(3) In this regulation a reference to a certificate, policy, endorsement, permit or licence is a reference to a valid and subsisting certificate, policy, endorsement, permit or licence.

[am. B.C. Regs. 335/84, s. 1; 379/85, s. 1; 257/86, s. 1; 294/87, s. 1; 408/87, s. 1; 449/88, s. 1; 383/89, s. 1; 448/90, s. 1; 323/91, s. (a); 324/91, s. 1; 319/92, s. 1; 438/92, s. 1; 490/95, s. 1; 491/95, s. 1; 328/97, s. 1; 246/98, s. 1; 441/98, s. 1; 404/99, s. 1; 292/2000, Sch. A, s. 1; 292/2000, Sch. B, s. 1; 263/2001, s. 1; 308/2002, s. 1; 309/2002, s. 1; 33/2005, s. 1; 166/2006, s. 2; 341/2007, ss. 1 and 2; 385/2012, s. 1.]

Universal compulsory vehicle insurance

1.1  The plan provides insurance coverage as follows:

(a) coverage under Parts 6, 7 and 10;

(b) in the case of a garage vehicle certificate, coverage to a garage service operator for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator.

[en. B.C. Reg. 166/2006, s. 3, as am. by 46/2007, Sch. 1, s. 1.]

Application

2  (1) Unless otherwise provided in a special coverage certificate, the Act and this regulation do not apply in respect of

(a) a vehicle licensed under section 9 of the Motor Vehicle Act while the vehicle is being operated off a highway,

(b) a vehicle exempted under section 43 or 44 of the Act whether or not the vehicle is

(i)   in combination with an insured vehicle, or

(ii)   operated by a person named in a driver's certificate,

(c) a trailer while being drawn otherwise than by vehicle power or human power,

(d) a vehicle being operated by remote control without a driver,

(e) an aircraft except when the aircraft is being drawn as a trailer on a highway,

(f) a vehicle being used in a contest, show or race, or in advanced or performance driver training, if

(i)   the activity is held or conducted on a track or other location temporarily or permanently closed to all other vehicle traffic, and

(ii)   there exists an element of race or speed test,

(g) an amphibious vehicle when being used in or upon water, when docked or floating in water, or when being launched into or landed from water, or

(h) a vehicle that is fitted with wheels of the crawler type while the vehicle is being operated off a highway, except if that vehicle is

(i)   licensed under section 10 of the Motor Vehicle Act, or

(ii)   a snowmobile or a snow vehicle.

(2) In subsection (1) (f), "element of race or speed test" means driving at high speed, and includes passing maneuvers, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking.

[am. B.C. Regs. 335/84, s. 2; 379/85, s. 2; 408/87, s. 2; 324/91, s. 2; 438/92, s. 2; 380/2000, s. 1; 263/2001, s. 2; 298/2002, s. 1; 166/2006, s. 4.]

Repealed

2.1  Repealed. [B.C. Reg. 166/2006, s. 5.]

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10  |  Part 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Schedules 1 to 10