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 11 � Special Policies and Coverages

Compulsory special coverages

149 (1) Subject to section 15.7, the corporation shall, on application and payment of the applicable premium set out in Table 10 of Schedule 1 and payment of a surcharge in the amount determined in accordance with Table 4.1 of Schedule 1, provide the following special coverages, each in the form set out in Schedule 5:

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

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

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

(e) to (f) Repealed.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

(g) owner's certificate of insurance for highway crossing permit (APV-37);

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

(i) all terrain vehicle certificate of registration and restricted vehicle licence and owner's certificate of insurance (APV-307).

(2) Subject to subsections (3) and (4), a special coverage issued under this section provides, during the term of the special coverage, coverage under Parts 6, 7 and 10 while the vehicle described in the special coverage is being operated on a highway in accordance with the terms set out in the special coverage.

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

(4) A special coverage 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.]

Other compulsory special coverages

150 (1) Subject to section 15.7, the corporation shall, on application and payment of the applicable premium set out in Table 10 of Schedule 1 and payment of a surcharge in the amount determined in accordance with Table 4.1 of Schedule 1, provide the following special coverages, each in the form set out in Schedule 5:

(a) vintage motor vehicle policy (APV-44);

(b) garage automobile policy and compulsory riders or endorsements (APV-4);

(b.1) garage non-owned automobile policy (APV-11);

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

(e) binder for owner's interim certificate of insurance (APV-38);

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

(g) collector multi vehicle policy (APV-317).

(2) A special coverage issued under this section provides, during the term of the special coverage, coverage under Parts 6, 7 and 10, so long as the vehicle described in the special coverage is operated in accordance with the terms set out in the special coverage.

(3) Subject to subsections (3.1), (4), (4.1), (4.2) and the terms and conditions of the policy and its riders or endorsements, each of a garage automobile policy and a garage non-owned automobile policy also provides to a garage service operator

(a) collision coverage, and

(b) comprehensive or specified perils coverage

under Division 2 of Part 9 providing indemnity for liability of the garage service operator for loss or damage to customers' vehicles that are in his care, custody or control.

(3.1) A garage service operator is required to purchase collision coverage with a deductible amount of not more than $1 000.

(4) The minimum amount of comprehensive or specified perils coverage required to be purchased by a garage service operator is an amount equivalent 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 automobile policy or garage non-owned automobile policy, as the case may be.

(4.1) Where, 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), he is a co-insurer with the corporation for any loss or damage to customers' vehicles that are in his care, custody or control.

(4.2) Where a garage service operator is a co-insurer under subsection (4.1), the amount of the co-insured portion of the loss or damage for which indemnity is provided by the corporation shall 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, where 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.

(5) A garage service operator who holds a garage automobile policy shall, on application for transporter, demonstration or repairman'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 automobile policy issued to the garage service operator, and

(b) pay to the corporation the applicable premium prescribed in Table 10 of Schedule 1 for coverage under Part 6.

(6) Indemnity provided by a garage automobile policy or garage non-owned automobile policy, as the case may be, 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 automobile policy or garage non-owned automobile policy, as the case may be.

(7) Repealed. [B.C. Reg. 227/2004.].

[am. B.C. Regs. 37; 441/98, s. 149/85, s. 50; 408/87, s. 34; 449/88, s. 1; 383/89, s. 28; 324/91, s. 37; 312/96, s. 1; 424/97, s. 5; 441/98, s. 14; 227/2004.]

Coverage for unnamed owner

151 Insurance coverage provided under any of the following special coverages includes as an insured the owner of the vehicle described in the special coverage, whether or not the owner is named in the special coverage:

(a) temporary operation permit and owner's certificate of insurance (APV-16);

(b) transporter's licence and certificate of insurance (APV-32);

(d) demonstration licence and certificate of insurance (APV-50);

(e) repairman's licence and certificate of insurance (APV-53).

Extension insurance

152 (1) The holder of a special coverage issued under section 149 (1) (a) to (g) and (i) or 150 (1), may obtain in the same form as the special coverage, optional extension insurance under Part 9.

(2) Sections 149 (2) and (3) and 150 (2), (6) and (7) apply in respect of extension insurance obtained by the holder of a special coverage described in subsection (1).

[am. B.C. Reg. 448/90, s. 23.]

Optional special coverages

153 (1) The corporation may, on application and payment of the applicable premium set out in Appendix 1 and payment of a surcharge in the amount determined in accordance with Table 4.1 of Schedule 1, provide the following optional special coverages, each in the form set out in Schedule 6:

(a) contingent liability insurance policy (APV-243);

(b) conversion coverage policy (APV-56);

(d) Repealed. [B.C. Reg. 449/88, s. 30.]

(e) vehicle in industry policy (APV-261);

(f) non-owned automobile policy (APV-29) and related endorsements;

(g) policy of blanket fleet insurance (APV-55);

(h) Repealed. [B.C. Reg. 424/97, s. 6 (a).]

(i) special excess third party legal liability policy (APV-212);

(j) Repealed. [B.C. Reg. 408/87, s. 35.]

(k) temporary change endorsement (APV-40);

(l) unlicensed motor vehicle policy (APV-45);

(m) alteration endorsement (APV-25A);

(n) non-compulsory riders or endorsements for a garage automobile policy;

(n.1) non-compulsory riders or endorsements for a garage non-owned automobile policy;

(o) Repealed. [B.C. Reg. 438/92, s. 19 (a).]

(p) to (q) Repealed. [B.C. Reg. 449/88, s. 30.]

(r) policy of own damage insurance for non-owned vehicles (APV-27);

(s) Repealed. [B.C. Reg. 448/90, s. 24.]

(t) Repealed. [B.C. Reg. 298/2002, s. 9.]

(t.1) limited depreciation endorsement (APV-297A);

(u) rental vehicle policy (APV-281);

(v) special sound and communication equipment endorsement (APV-330);

(w) vehicle travel protection policy (APV-314);

(x) fuel conversion equipment replacement policy (APV-331);

(y) Repealed. [B.C. Reg. 298/2002, s. 9.]

(y.1) replacement cost endorsement (APV-286A);

(z) vehicle in storage policy (APV-345);

(z.1) collector motor vehicle agreed value policy (APV-348).

(2) Coverage provided under this section is subject to the terms and conditions set out in the special coverage form.

[am. B.C. Regs. 257/86, s. 34; 408/87, s. 35; 449/88, ss. 1, 30; 383/89, s. 29; 448/90, s. 24;
324/91, s. 38; 438/92, s. 19; 404/94, s. 16; 424/97, s. 6; 441/98, s. 15; 298/2002, s. 9.]

Expiry date of special coverage

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

[en. B.C. Reg. 408/87, s. 36.]