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 11 — Special Coverage Certificates

Compulsory special coverages

149  (1) Subject to section 15.7, the corporation shall, on application and payment of the applicable premium, provide the following special coverages, each in the form established by the corporation:

(a) unlicensed farm tractor certificate (APV-49);

(b) special agreement vehicle licence and certificate (APV-116A);

(c) manufacturer's licence and certificate (APV-31);

(d) trailer floater licence and certificate (APV-33);

(e) to (f) Repealed. [B.C. Reg. 324/91, s. 36.]

(g) highway crossing permit and certificate (APV-37);

(h) combined non-resident commercial vehicle permit and certificate (APV-96);

(i) Repealed. [B.C. Reg. 33/2005, s. 5.]

(j) vintage motor vehicle certificate (APV-44);

(k) garage vehicle certificate (APV-4);

(l) combined certificate of registration of a non-resident motor vehicle and certificate (APV-97);

(m) binder for owner's interim certificate (APV-38);

(n) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(o) collector multi-vehicle certificate (APV-317);

(p) transporter's licence and certificate (APV-32 or APV-32L);

(q) demonstration licence and certificate (APV-50 or APV-50L);

(r) repairer's licence and certificate (APV-53 or APV-53L);

(s) overseas tourist certificate (APV-272);

(t) special Autoplan certificate (APV-284).

(2) Subject to subsections (3) and (4), a special coverage certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the special coverage certificate.

(3) An implement of husbandry that is operated on a highway as a motor vehicle shall be insured under an unlicensed farm tractor certificate providing coverage under Parts 6 and 7 and Division 2 of Part 10.

(4) A special coverage certificate issued under subsection (1) (h) does not include coverage under Division 2 of Part 10.

[am. B.C. Regs. 408/87, s. 33; 449/88, s. 29; 383/89, s. 27; 324/91, s. 36; 33/2005, s. 5; 166/2006, s. 77, as am. by 46/2007, Sch. 1, s. 7.]

Compulsory special coverages for garage certificate

150  (1) In this section:

"collision coverage" means coverage for loss or damage caused by upset of a vehicle or collision of a vehicle with another object, including, but not limited to,

(a) the surface of the ground, the roadway being travelled on or an object on, in, under, over or adjacent to the roadway, including a road sign, guard rail, pier, bridge or culvert or any body of water or waterway under or adjacent to the pier, bridge, culvert or roadway,

(b) a pedestrian as defined in Part 3 of the Motor Vehicle Act,

(c) a vehicle attached to the vehicle, and

(d) cargo, including animals, carried in or on

(i)   a commercial motor vehicle the gross vehicle weight of which exceeds 5 000 kg, or

(ii)   a commercial trailer,

and includes coverage for loss or damage caused by collision with another object if the collision results from the presence on or adjacent to the roadway of a domestic or wild animal, either living or dead, but there is no impact with the animal;

"comprehensive coverage" means coverage for loss or damage other than loss or damage to which collision coverage applies and includes coverage for loss or damage caused by missiles, falling or flying objects, lightning, fire, theft or attempted theft, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water, vandalism and impact with a domestic or wild animal, either living or dead;

"specified perils coverage" means coverage for loss or damage caused by falling or forced landing of an aircraft or part of an aircraft, fire, lightning, theft or attempted theft, explosion, earthquake, windstorm, hail, rising water, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water.

(2) Subject to subsections (3), (4), (5) and (6), in addition to coverage specified in section 149 (2), a garage vehicle certificate provides to a garage service operator

(a) collision coverage, and

(b) comprehensive or specified perils coverage

that provide indemnity for liability of the garage service operator for loss or damage to customers' vehicles that are in his or her care, custody or control in accordance with the terms of the certificate.

(3) A garage service operator must purchase collision coverage with a deductible amount of not more than $1 000.

(4) The minimum amount of comprehensive or specified perils coverage that must be purchased by a garage service operator is an amount equal to the total maximum value of all customers' vehicles that may, at any one time, be in the care, custody or control of the garage service operator at all locations described in the garage vehicle certificate.

(5) If, at the time of a claim, the amount of comprehensive or specified perils coverage purchased by a garage service operator is less than 90% of the amount of comprehensive or specified perils coverage that is required to be purchased under subsection (4), the garage service operator is a co-insurer with the corporation for any loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator.

(6) If a garage service operator is a co-insurer under subsection (4), the amount of the co-insured portion of the loss or damage for which indemnity is provided by the corporation must be determined by the following formula:

A.C. x loss — deductible = claim

T.V.C.V.

where

"A.C." means the amount of comprehensive or specified perils coverage purchased by the garage service operator;

"T.V.C.V." means the total value of all customers' vehicles that are in the care, custody or control of the garage service operator when the loss or damage occurs;

"loss" means the cost of repairing those customers' vehicles to which loss or damage has occurred, or, if the vehicles are not repairable, the actual cash value of the vehicles and their attached equipment;

"deductible" means the deductible amount applicable to the comprehensive or specified perils coverage;

"claim" means the amount of indemnity payable by the corporation to the garage service operator for the corporation's portion of the loss or damage.

(7) A garage service operator who holds a garage vehicle certificate must, on application for transporter, demonstration or repairer's number plates or for renewal, replacement, change or substitution of those number plates and the corresponding insurance,

(a) produce for inspection by the corporation the garage vehicle certificate issued to the garage service operator, and

(b) pay to the corporation the applicable premium.

[en. B.C. Reg. 166/2006, s. 78, as am. by 46/2007, Sch. 1, s. 8.]

Garage certificates are primary insurance

150.1  Indemnity provided by a garage vehicle certificate is primary insurance and any indemnity provided by an owner's certificate issued in respect of a vehicle in the care, custody or control of a garage service operator is available to the owner of the vehicle only to the extent that the amount by which liability is limited under the owner's certificate exceeds the amount by which liability is limited under the garage vehicle certificate.

[en. B.C. Reg. 166/2006, s. 78, as am. by 46/2007, Sch. 1, s. 9.]

Coverage for unnamed owner

151  Insurance coverage evidenced by any of the following special coverage certificates includes as an insured the owner of a vehicle insured under the special coverage certificate:

(a) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(b) transporter's licence and certificate (APV-32 or APV-32L);

(c) trailer floater licence and certificate (APV-33);

(d) demonstration licence and certificate (APV-50 or APV-50L);

(e) repairer's licence and certificate (APV-53 or APV-53L).

[en. B.C. Reg. 166/2006, s. 79.]

Repealed

152-153  Repealed. [B.C. Reg. 166/2006, s. 80.]

Expiry date of special coverage certificate

154  A special coverage certificate in a form listed in column A of Schedule 7 expires on the date shown on the special coverage certificate as determined by the date indicated opposite that special coverage certificate in columns B to H.

[en. B.C. Reg. 166/2006, s. 81.]

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