Insurance Motor Vehicle Regulation 447

This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

REVISED REGULATION (1984)
UNDER THE INSURANCE (MOTOR VEHICLE) ACT — Continued
B.C. Reg. 447/83

Part 1 — Interpretation

Interpretation

1 (1) In this regulation:

"Act" means the Insurance (Motor 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" means an application in a form prescribed by the corporation and signed by the applicant;

"bus" means a motor vehicle operated for airport bus use, charter bus use, private bus use, public bus use, religious bus use or as a school bus;

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

"claimant" means a person entitled to benefits or indemnity and includes the personal representative or guardian of that person;

"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,

(d) cargo, including animals, carried in or on a commercial motor vehicle the gross vehicle weight of which exceeds 5 000 kg or a commercial trailer,

and includes coverage for loss or damage caused by collision with another object where 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;

"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;

"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;

"contract of extension insurance" means a contract of insurance providing coverage under section 51, section 97.1, Part 9 or Part 11, subject to the applicable terms and conditions set out in that section or Part and in the owner's certificate evidencing the extension insurance;

"courtesy car" means a licensed vehicle rented, leased 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 repairman, auto body shop repairman, 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;

"industrial machine" means a motor vehicle licensed or eligible to be licensed under section 10 of the Motor Vehicle Act but does not include

(a) a road building machine, or

(b) a motor vehicle designed or used primarily for transporting persons;

"insurance" means insurance as defined in the Insurance Act;

"insurance money" means insurance money as defined in the Insurance Act;

"insurer" means an insurer as defined in the Insurance Act;

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

"lienholder" means the seller of a vehicle under a conditional sales agreement, a grantee of a chattel mortgage on a vehicle, a garage keeper claiming a lien under the Repairers Lien Act or any other person having an interest in or secured by a vehicle if the seller, grantee, garage keeper or other person has registered his interest in the office of the Registrar General;

"limited passenger vehicle" means a motor vehicle, other than a public passenger vehicle, whether available or not for use by the public, 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 motor vehicle, but does not include a taxi operating exclusively in one municipality;

"location address" means the place where a vehicle is primarily kept when not in use but does not include a work location;

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

"motor vehicle" means a motor vehicle 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" means the premium

(a) in respect of universal compulsory automobile insurance, fixed under section 34 (4) of the Act and determined in accordance with section 12, and

(b) in respect of extension insurance, fixed by the corporation under section 34 (5) of the Act and determined in accordance with Appendix 1

and includes

(d) interest imposed under section 15.71,

(e) a service charge imposed under section 15.8,

(f) a disability discount under Division 5 of Part 3,

(f.1) Repealed. [B.C. Reg. 292/2000, Sch. B, s. 1.]

(f.2) the premium payable by a person for a driver's certificate under section 44, 44.1 or 44.2,

(f.3) a debt due and owing to the corporation under section 58.1 (3),

(g) a discounted or surcharged premium payable under section 163, and

(h) a service charge imposed under section 26 (4) (c);

"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;

"private passenger motor vehicle" means a motor vehicle that is registered and licensed under the Motor Vehicle Act as a private passenger vehicle;

"short term certificate" means

(a) a certificate that is issued for a term of less than 11 months plus one day but does not include a certificate issued

(i) for a vehicle rated in vehicle rate class 800 or 900, or

(ii) in conjunction with a quarterly licence under section 5.02 of B.C. Reg. 30/78,

(b) a certificate in respect of a vehicle in a fleet under Part 12, the term of which is determined under section 162 (1.1), and

(c) a special coverage form that is determined to be eligible for short term status in accordance with Table 4.2 of Schedule 1 and that has an expiry date set out in Schedule 7, column C, D or F;

"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;

"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;

"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 moneys arose, and for the purposes of this definition, the marriage-like relationship may be between persons of the same gender;

"taxi" means a limited passenger vehicle available for hire, with driver, by the trip, and includes a taxi that operates exclusively in one municipality;

"trailer" means a trailer as defined in the Motor Vehicle 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;

"universal compulsory automobile insurance" means insurance providing

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

(b) in the case of a garage automobile policy or a garage non-owned automobile policy, coverage under Part 9 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;

"vehicle" means a motor vehicle or trailer;

"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.]

Application

2 (1) Unless otherwise provided in a special coverage form, 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,

(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.]

Net income loss

2.1 The deductions, tax credits and premiums prescribed for the purposes of the definition of "net income loss" in section 52 of the Act are

(a) the deductions and tax credits under the Income Tax Act and the Income Tax Act (Canada) and the premiums under the Employment Insurance Act (Canada) that apply, in the period in respect of which the net income loss is to be calculated, to the person in respect of whom the calculation of net income loss is being made, or

(b) for a person referred to in paragraph (b) of the definition of "net income loss", any deductions, tax credits and premiums that apply to the person in respect of whom the calculation of net income loss is being made

(i) in the jurisdiction in which the person is liable to pay tax on income, and

(ii) in the period in respect of which the net income loss is to be calculated.

[en. B.C. Reg. 328/97, s. 2.]