Interpretation

155   (1) In this Part:

"fleet" means not less than the minimum number of vehicles established by the corporation that

(a) are registered in the name of or are rented as leased vehicles from a person whose business is the renting of vehicles as leased vehicles to

(i) one person,

(ii) more than one corporation, if the corporations are parent and subsidiary, or

(iii) subject to subsection (2), more than one person, if the persons jointly operate a taxi business and the vehicles operated as taxis are controlled from one dispatching unit, and

(b) are rated in a vehicle rate class designated by the corporation;

"fleet operator" means a person designated under section 157 as the operator of a fleet and includes every owner of a vehicle in the fleet;

"owner" includes an unregistered beneficial owner, lien holder, person who rents a vehicle as a leased vehicle or a person who rents a vehicle as a leased vehicle to another person.

(2) A fleet that includes vehicles referred to in paragraph (a) (iii) of the definition of "fleet" in subsection (1) includes any vehicles not operated as taxis that are

(a) registered in the name of the person designated under section 157 (a), or

(b) rented as leased vehicles, by a person whose business is the renting of vehicles as leased vehicles, to the person designated under section 157 (a).

[en. B.C. Reg. 166/2006, Sch. s. 82; am. B.C. Regs. 341/2007, s. 11; 161/2019, s. 10; 62/2021, App. 4, s. 39.]

Fleetplan application

156   (1) In addition to applying under Part 2, a person may apply and, if a fleet comprises more vehicles than the number established by the corporation, must apply in the form established by the corporation to insure the vehicles as a fleet.

(2) An application under subsection (1) must include all eligible vehicles.

(3) A leased vehicle is not eligible to be insured as part of the fleet of the person renting the vehicle to another person but may, if the vehicle is otherwise eligible, be insured as part of the renter's fleet.

(4) The corporation shall not accept an application from a garage service operator unless the garage service operator also applies for or is insured by a garage vehicle certificate.

(5) The requirement of subsection (1) applies in the insurance year in which the fleet identity number is issued and in any subsequent insurance year in which there are more vehicles in the fleet than the number established by the corporation.

[am. B.C. Regs. 449/88, s. 1; 404/94, s. 18; 441/98, s. 16; 166/2006, Sch. s. 83, as am. by B.C. Reg. 46/2007, Sch. 1, s. 10; 341/2007, s. 12.]

Designation of fleet operator and fleet identity number

157   On approval of an application made under section 156,

(a) the applicant is designated as the fleet operator of the fleet for which the application was made,

(b) this Part and any other applicable provisions of this regulation apply to the fleet operator, and

(c) the corporation shall issue a fleet identity number.

Disclosure of fleet identity number

158   A fleet operator must set out the fleet identity number on every application for a new or renewed certificate or endorsement in respect of a vehicle in the fleet.

[en. B.C. Reg. 452/2003, s. 7.]

Continuation

159   (1) Every fleet identity number shall continue to apply in an insurance year subsequent to the insurance year in which it was issued unless it is cancelled under section 160 before the beginning of the next insurance year.

(2) Where the number of vehicles in a fleet falls below the minimum number established by the corporation during an insurance year, the remaining vehicles shall be deemed to continue as a fleet under the same fleet identity number for the unexpired portion of the insurance year.

[am. B.C. Reg. 166/2006, Sch. s. 84.]

Cancellation

160   The corporation may, on the written request of the fleet operator, cancel a fleet identity number.

Responsibility of fleet operator

161   A fleet operator who is not the owner of a vehicle in the fleet for which the fleet operator is designated fleet operator must

(a) is deemed to be duly authorized by an owner of the vehicle to act as the sole agent of the owner of the vehicle for the purposes of the Act and this regulation, and

(b) is as responsible to the corporation in respect of any matter relating to the vehicle as is the owner of the vehicle.

[am. B.C. Reg. 117/2021, App. 6, s. 25.]

Designated expiry month

162   (1) The designated expiry month for a fleet is

(a) March, June, September or December, where any vehicle in the fleet is licensed under section 5.02 of B.C. Reg. 30/78, or

(b) the designated expiry month selected by the fleet operator in an application under section 156, in any other case.

(1.1) Notwithstanding subsection (1), the corporation may issue an owner's certificate for a vehicle in a fleet, other than a vehicle referred to in subsection (1) (a),

(a) for a term of not less than 5 months plus one day and not more than 6 months, having an expiry date for that owner's certificate of the last day of the sixth month prior to the designated expiry month for the fleet, and

(b) for any renewal of an owner's certificate referred to in paragraph (a) having an expiry date of the last day of the designated expiry month for the fleet.

(2) The corporation may, on written request by the fleet operator made not less than 3 months before the end of the designated expiry month, change the designated expiry month for the fleet unless

(a) the designated expiry month was changed under this section during the 3 years preceding the date of the request.

(b) Repealed. [B.C. Reg. 404/94, s. 19.]

(3) Where the period between the end of the old designated expiry month and the end of the new designated expiry month requested under subsection (2) is less than 3 months, the corporation may issue an owner's certificate for renewal of insurance for each vehicle in the fleet with an expiry date that changes the old designated expiry month to the new designated expiry month by means of 2 transitional renewal terms that together total not more than 14 months duration, one term being not less than 6 months and one term not less than 7 or more than 8, as the corporation may decide.

(4) Where an owner's certificate is renewed under subsection (3), each transitional term shall, for the purpose of determining the loss experience of the fleet, be deemed to be one year.

[am. B.C. Regs. 408/87, s. 38; 448/90, s. 26; 404/94, s. 19.]

Repealed

163-164   Repealed. [B.C. Reg. 166/2006, Sch. s. 85.]

Power of attorney

165   The corporation may act as and shall be deemed to be the duly appointed attorney of the fleet operator for all purposes relating to the insuring of each vehicle in the fleet, including cancellation of insurance.

Cancellation of insurance on bankruptcy or winding up

166   (1) Where

(a) a proposal is made or proceedings are brought to

(i) appoint a trustee or receiver for the property of a fleet operator,

(ii) change the effective control or name of a fleet, or

(iii) otherwise adversely change, wind up or terminate a fleet, and

(b) no arrangement satisfactory to the corporation is made by the trustee, receiver, fleet operator or other responsible person to pay any earned but unpaid premium,

the corporation may immediately treat the premium as balance due.

(2) Where the trustee, receiver, fleet operator or other responsible person fails, on demand of the corporation, to pay any balance due under subsection (1), the corporation may, notwithstanding section 15.7, immediately treat the balance due as being in default and cancel all insurance under this Part for the fleet.

[am. B.C. Reg. 383/89, s. 31.]

Fleet premium adjustment

167   (1) If an application made under section 156 to insure vehicles as a fleet has been approved, the corporation may, at the beginning of an insurance year, agree with the fleet operator to adjust at the end of that year the amount of premium payable for that year based on the total amount paid or payable by the corporation as a result of accidents that occurred during that year in respect of all vehicles in the fleet.

(2) Repealed. [B.C. Reg. 166/2006, Sch. s. 85.]

(3)-(4) Repealed. [B.C. Reg. 114/20224, App. 1, s. 9.]

[en. B.C. Reg. 441/98, s. 17; am. B.C. Regs. 166/2006, Sch. ss. 85 and 86; 47/2020, Sch. 1, s. 4; 114/2024, App. 1, s. 9.]

Fleet reporting certificate

168   (1) Repealed. [B.C. Reg. 166/2006, Sch. s. 85.]

(2) On receipt of the application and payment of the required premium, the corporation may, at its sole option, provide a fleet reporting certificate (APV-90) in the form established by it, with riders and endorsements.

(3) A fleet reporting certificate issued under this section provides, during the term of the fleet reporting certificate, coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act, so long as the vehicles described in the fleet reporting certificate are operated in accordance with the terms and conditions set out in the fleet reporting certificate.

(4) Repealed. [B.C. Reg. 166/2006, Sch. s. 85.]

(5) A fleet operator who holds a fleet reporting certificate shall, on application for number plates for the vehicles that comprise the fleet to which the fleet reporting certificate is issued or for any renewal, replacement, change or substitution of those number plates and corresponding insurance, produce for inspection by the corporation the fleet reporting certificate issued to the fleet operator.

[en. B.C. Reg. 448/90, s. 28; am. B.C. Regs. 324/91, s. 39; 438/92, s. 21; 312/96, s. 1; 166/2006, Sch. ss. 85 and 87; 234/2018, App. 2, s. 23; 62/2021, App. 4, s. 40.]