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REVISED REGULATION (1984)
UNDER THE INSURANCE (MOTOR VEHICLE) ACT � Continued
B.C. Reg. 447/83
Part 4 � Driver's Certificates
42 (1) In this Part:
"chargeable claim payment" means a payment made by the corporation in respect of death or injury to another person or loss or damage to property of another person, but does not include a payment
(a) made in respect of
(i) a claim for a hit and run accident occurring on a highway,
(ii) a claim for accident benefits,
(iii) a claim under underinsured motorist protection,
(iv) a claim for an amount under $10, or
(v) a claim under section 127 for a temporary substitute motor vehicle,
(b) made before September 1, 2000,
(c) made in respect of an accident involving the contributory negligence of another person if more than 50% of the payment is recoverable from that other person, or
(d) made in respect of a vehicle that
(i) is part of a fleet,
(ii) is insured under a garage automobile policy,
(iii) is insured under a garage non-owned automobile policy, or
(iv) is rated in a vehicle rate class other than vehicle rate classes 001, 002, 003, 004, 005, 021, 022, 023, 024, 051, 055, 310, 311, 312, 313, 314, 320, 321, 322, 323, 324, 701, 705, 710, 711, 712, 713, 714, 720, 721, 722, 723 or 724;
"claim payment record", in respect of a person, means a record of chargeable claim payments made in respect of a vehicle that was being driven by the person at the time of the accident that resulted in the chargeable claim payment;
"insured" means a resident named on a driver's certificate and, for the purpose of payment of insurance money, includes the personal representative of a deceased insured but does not include a person driving a vehicle exempted under section 43 or 44 of the Act;
"one-year scan period", in respect of a person, means the 12 month period starting 17 months before the anniversary of the person's birth date;
"resident" means a person who is ordinarily resident in the Province, and includes
(a) a student who is temporarily outside the Province for the purpose of studying at a school, college, university, institute or other similar educational, artistic or professional training facility, or
(b) a member of the Canadian Armed Forces or the Royal Canadian Mounted Police who is regularly stationed in the Province but is temporarily posted outside the Province;
"three-year scan period", in respect of a person, means the 36 month period starting 41 months before the anniversary of the person's birth date.
(2) If more than one chargeable claim payment is made by the corporation in respect of one accident, those chargeable claim payments are to be recorded as of the date on which the first chargeable claim payment is made following the accident.
[am. B.C. Reg. 292/2000, Sch. A, s. 2.]
43 (1) For the purpose of the Act and this regulation,
(a) a driver's certificate is deemed to be incorporated into every valid and subsisting driver's licence
(i) when the driver's licence is issued, and
(ii) subject to paragraph (a.1), at the beginning of the day following each subsequent anniversary date of the driver's birth,
(a.1) unless suspended, cancelled or revoked under the Act or this regulation, a driver's certificate is valid and of effect until the earlier of
(i) the date on which the driver's licence expires, and
(ii) the end of the day on the next anniversary date of the driver's birth,
(b) the person named on a driver's licence shall be deemed to be the person named on the driver's certificate,
(c) the signature of the president of the corporation on a driver's licence shall be deemed to be the signature of the president of the corporation on the driver's certificate deemed to be incorporated in the driver's licence, and
(d) an application for the issue, renewal, replacement or reinstatement of a driver's licence shall be deemed to be an application to the corporation for the issue, renewal, replacement or reinstatement of a driver's certificate.
(2) Repealed. [B.C. Reg. 257/86, s. 10.]
[am. B.C. Regs. 257/86, s. 10; 312/96, s. 3; 441/98, s. 5.]
44 The annual premium payable by a person for a driver's certificate is the total of
(a) the point penalty premium determined under section 44.1, and
(b) the multiple crash premium determined under section 44.2.
[en. B.C. Reg. 292/2000, Sch. A, s. 3.]
44.1 (1) For the purpose of this section, the classes of drivers set out in Table 1 of Schedule 2 are established.
(2) A person falls within a class of drivers established under subsection (1) if the total of the following equals the number of point penalties that in column A of Table 1 of Schedule 2 identifies that class:
(a) the number of point penalties recorded by the corporation against the driving record of that person for offences committed during the one-year scan period;
(b) the number of point penalties recorded by the corporation, since the date of the last assessment, against the driving record of that person for offences committed before the one-year scan period.
(3) The annual point penalty premium payable by a person for a driver's certificate is the amount shown in column B of Table 1 of Schedule 2 opposite the number of point penalties that, in column A of that Table, identifies the person's class.
[en. B.C. Reg. 292/2000, Sch. A, s. 4.]
44.2 (1) An annual multiple crash premium is payable under this section by a person if the corporation has recorded 3 or more chargeable claim payments on the person's claim payment record within the three-year scan period.
(2) Subject to subsection (3), the multiple crash premium payable by a person for a driver's certificate must be determined as follows:
(a) if 3 chargeable claim payments have been recorded by the corporation on the person's claim payment record within the three-year scan period, the multiple crash premium payable by the person is the lesser of
(i) $1 000, and
(ii) the total amount paid by the corporation in respect of those 3 chargeable claim payments;
(b) if more than 3 chargeable claim payments have been recorded by the corporation on the person's claim payment record within the three-year scan period, the multiple crash premium payable by the person is the lesser of
(i) $1 000 plus $500 for each of those chargeable claim payments in excess of 3, and
(ii) the total amount paid by the corporation in respect of all of the chargeable claim payments recorded within that period.
(3) A person need not pay a multiple crash premium under subsection (2) in relation to a chargeable claim payment for which he or she has already paid a multiple crash premium.
[en. B.C. Reg. 292/2000, Sch. A, s. 4.]
45 (1) If the point penalty premium payable for a driver's certificate under section 44.1 is determined by reference to 4 or more point penalties, or if a multiple crash premium is payable for a driver's certificate under section 44.2, the corporation must mail to the person named in the certificate a notice of assessment of premium for the period specified in that notice.
(2) Repealed. [B.C. Reg. 257/86, s. 12.]
(3) The total amount set out in the notice of assessment of premium under subsection (1) is payable to the corporation by the person named on the driver's certificate in accordance with that notice.
(4) Where the corporation determines the premium payable for a driver's certificate without reference to one or more point penalties, the corporation may, when next assessing the premium for the same person named in a driver's certificate, take into account any point penalties not previously referenced.
[am. B.C. Regs. 257/86, s. 12; 408/87, s. 15; 491/95, s. 9; 292/2000, Sch. A, s. 5.]
45.1 (1) Section 13 applies if the corporation provides to an insured seeking a driver's certificate a written advice that the corporation has made a chargeable claim payment on the insured's behalf.
(2) For the purposes of this section, a reference in section 13, as it applies for the purposes of this section,
(a) to "the insured named on a certificate", to "the insured named on the certificate" or to "the certificate holder" is deemed to be a reference to the insured referred to in subsection (1) of this section,
(b) to "renewal of the certificate" is deemed to be a reference to "the renewal of the driver's certificate", and
(c) to "the level on Table 4 of Schedule 1 that applies to the vehicle described in the certificate" is deemed to be a reference to "the premium payable for the driver's certificate".
[en. B.C. Reg. 292/2000, Sch. A, s. 6.]
46 (1) In the circumstances described in column A of Table 2 of Schedule 2 and subject to the minimum time requirements set out in column B and the additional requirements set out in column C, the corporation shall, on application, refund to a person named on a driver�s certificate or his personal representative that part of the premium, calculated according to section 15.3, paid for the period the driver�s certificate is not in use or for the term of the driver�s certificate remaining unexpired on the day it is surrendered.
(2) Repealed. [B.C. Reg. 452/2003, s. 1.]
[am. B.C. Regs. 383/89, s. 6; 452/2003, s. 1.]
47 (1) Any premium payable to or refundable by the corporation under this Part shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar, but no premium is payable or refundable if the rounded premium is less than $2.
(2) Where the term remaining unexpired in a driver's certificate on the day it is issued is less than one year, the amount of premium payable by the applicant for the certificate is the amount determined under section 44 prorated for the number of days remaining unexpired on the day the certificate is issued.
48 Sections 7 and 15.7 apply in respect of a driver's certificate.
[am. B.C. Reg. 383/89, s. 7.]
49 (1) Subject to section 49.1, the corporation shall indemnify an insured who is not in default of premium payable under section 45 for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that
(a) arises out of the use or operation by the insured of a vehicle not described in an owner's certificate issued to the insured or to a member of the insured's household, and
(b) occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America
unless
(c) the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner,
(d) the insured is operating the vehicle in connection with the business of a garage service operator,
(e) the vehicle is owned or regularly operated by the insured,
(f) the vehicle is used for carrying passengers for compensation or hire or for commercial use,
(g) the vehicle is in fact not licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the vehicle is licensed, or
(h) the insured is operating an all terrain vehicle licensed under section 24.04 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations.
(2) Sections 70 to 76 apply in respect of indemnity under this section.
[en. B.C. Reg. 257/86, s. 13; am. B.C. Regs. 408/87, s. 16; 383/89, s. 8; 324/91, s. 13.]
49.1 (1) Subject to sections 18 (4), 21 (5) and 36 (6) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under section 49 in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 (1.1) of Schedule 3.
(2) Where the insured obtains extension insurance under section 51, the amount by which the liability of the corporation is limited under subsection (1) is extended in accordance with the contract of extension insurance.
(3) In addition to the amount by which liability is limited under subsections (1) and (2), the corporation shall reimburse the insured for the payments and pay the costs referred to in section 69 that are within the limit set out in section 1 (1.1) of Schedule 3.
[en. B.C. Reg. 257/86, s. 13.]
49.2 For the purpose of payment of indemnity under section 49, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 49.1 and, subject to section 21 (5) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 49.1.
[en. B.C. Reg. 257/86, s. 13.]
49.3 (1) In addition to indemnity under section 49, a driver's certificate provides to an insured who is not in default of premium payable under section 45
(a) coverage under Part 7,
(b) coverage under section 148, and
(c) coverage under Division 2 of Part 10.
(2) Repealed. [B.C. Reg. 379/93, s. 3.]
[am. B.C. Reg. 379/93, s. 3.]
50 (1) Where a driver's certificate and an owner's certificate or other motor vehicle liability policy provide indemnity for the same occurrence, the indemnity provided by the owner's certificate or other motor vehicle liability policy is primary insurance.
(2) Indemnity provided by a driver's certificate is available only to the extent of the amount by which the limit of liability under the driver's certificate exceeds the total of the amounts specified in any primary insurance as the limits of liability under that insurance.
[am. B.C. Reg. 379/85, s. 25.]
51 (1) On application by the holder of a driver's licence and on payment of the applicable premium set out in Appendix 1, the corporation may issue a driver's policy in the form set out in Schedule 6 (APD-10).
(2) For the purpose of payment of claims under this section, claims arising out of injury or death have, notwithstanding the limit of indemnity provided by the driver's policy, proportionately the same priority over claims arising from loss or damage to property as is provided in section 49.2.
[am. B.C. Regs. 257/86, s. 14; 324/91, s. 15.]
Copyright (c) 2003: Queen�s Printer, Victoria, British Columbia, Canada