What is happening with non-standard vehicles under Enhanced Care?
Non-standard vehicles that operate off-highway will no longer be eligible for Third Party Liability while operating off-highway.
If I want to have coverage on my non-standard vehicle for off-highway risks after May 1, 2021, what do I need to do?
This change will happen as your policy expires not as of May 1, 2021, so if you have a policy that expires after May 1, 2021, it will continue to cover you until its expiry date, at that time you can choose to purchase the additional coverage if you would like this risk covered. At renewal, it will be important for you and your broker to discuss your coverage options. ICBC will offer an Optional Off-Highway Third Party Liability product for non-standard vehicles. This product will be subject to a limit of $200,000.
What is considered a non-standard vehicle?
The definition of a non-standard vehicle, per Legislation Bill 11
- Non-standard vehicle: A motor vehicle that, as manufactured, does not conform to Canadian standards for motor vehicles for on-highway use, but could be licensed for limited on-highway use in BC.
Some examples of non-standard vehicles include mobile cranes, farm tractors, logging machinery, golf carts, farm tractors and off-road vehicles.
The definition of a highway per the Motor Vehicle Act
- Highway includes (a) every highway within the meaning of the Transportation Act, (b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and (c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited; but does not include an industrial road.
Some of the vehicles that my company operates do not go on-highway, does this mean that they are non-standard vehicles?
A simple way to determine if your vehicle is non-standard is to ask the following two questions:
- Does the vehicle fit the definition of a non-standard vehicle? (definition above)
- Is the vehicle issued a BC plate and insurance today?
If the answer is yes to both these questions, the vehicle will be affected by changes to Basic Third Party Liability for non-standard vehicles off-highway. This vehicle may be eligible to purchase Off-Highway Third Party Liability on the APV250 starting May 1.
If no, then the vehicle is either considered standard or it is non-standard but does not carry ICBC insurance today. If a non-standard vehicle does not carry ICBC insurance today, there is no real change/ impact for them as the risk is current state. If you would like Off-Highway Third Party Liability coverage in the future, you should discuss your options with an Autoplan broker. They will first check that the vehicle can be licenced and insured with restricted plate and then they can add Off-Highway Third Party Liability coverage.
How do these changes affect non-standard vehicles that currently have Off-Road Vehicles (ORV) plates, Restricted “R” plates or Industrial “X” plates?
There will be no change to the on-highway licensing and insurance requirements for non-standard vehicles eligible for the ORV, “R” or “X” plates. However, the impact of removing lawsuits applies to ORV’s, “R” and “X” plates as it applies to regular plated vehicles if the crash is on-highway.
When driving on-highway with a valid license and insurance, the lawsuit ban applies and these vehicles will still be able to access any applicable insurance on through their plates.
For licensed and insured non-standard vehicles operating off-highway the lawsuit ban will not apply and you can be sued. However, the basic Third Party Liability will no longer respond. If you would like Third Party Liability on these vehicles while off-highway you will have the option to purchase a non-standard off-highway third party liability optional product. This product will be available for purchase through your APV250.
Other sources of ICBC Off-Highway Third Party Liability Coverage for non-standard vehicles outside the APV250:
- APV261 (Farm/Industrial Vehicle floater license and insurance)
- If your “R” and “X” plated vehicle currently insured the APV261), the Third Party Liability included on the APV261 will respond to Off-Highway Third Party Liability loss.
- APV119 (Off-Highway Pleasure Use Policy)
- The Third Party Liability included on the APV119 for off road vehicles also includes Off-Highway Third Party Liability to protect you for this off-Highway/ non-standard vehicle risk.
Will non-standard plates be insured like other vehicles?
For non-standard vehicles operating off-highway (e.g. a licensed and insured excavator causing injuries off-highway) you will have the option to purchase Off-Highway Third Party Liability.
There will be no change to the on-highway licensing and insurance requirements for non-standard vehicles like forklifts in the future. On-highway, when operating with a valid license and insurance, the lawsuit ban applies equally to these vehicles as it does to standard vehicles.