Written-off, Irreparable and Salvageable Motor Vehicles Regulation

Written-off, Irreparable and Salvageable Motor Vehicles Regulation, M.R. 41/2006 The Drivers and Vehicles Act , C.C.S.M. c. D104 Regulation 41/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Definitions 2 Write-offs 3 Write-offs of stolen motor vehicles WRITING OFF MOTOR VEHICLES AND ASSIGNING STATUS 4 Designation of persons to give notice of write-off 5 Specification of status as irreparable or salvageable motor vehicle 6 Manner and content of notice 7 Voluntary declaration of status 8 Registrar may declare status 9 Irreparable and salvageable motor vehicles from outside Manitoba 10 Cessation of status of salvageable motor vehicle INSPECTIONS AND ROAD TESTS 11 Inspection prohibited without required documentation 11.1 Body integrity standards 12 Body integrity inspection certificate 13 Failure to pass inspection for body integrity 14 Re-inspection for body integrity 15 Road tests COMING INTO FORCE 16 Coming into force Schedule INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Drivers and Vehicles Act . («  Loi ») "body integrity inspection certificate" for a motor vehicle means a body integrity inspection certificate in the form approved by the registrar. (« certificat d'inspection de l'intégrité de la carrosserie ») "body integrity standards" means the standards for body integrity established under section 11.1. (« normes en matière d'intégrité de la carrosserie ») "inspect" includes test. (« inspecter ») "insurance company" means an insurance company that holds a licence to carry on business in Manitoba under The Insurance Act , and includes The Manitoba Public Insurance Corporation. (« compagnie d'assurance ») "motor vehicle" means motor vehicle as defined in The Highway Traffic Act , but does not include a moped. (« véhicule automobile ») "re-inspect" includes retest. (« inspecter de nouveau ») "safety standards" means the standards of safety and repair that a vehicle must meet as set out in the Vehicle Equipment, Safety and Inspection Regulation . (« normes de sécurité ») "written off" , in relation to a motor vehicle, means written off as described in section 2, 3, 7 or 8. (« perte totale ») M.R. 37/2019 Write-offs 2(1) This section does not apply to a motor vehicle that (a) has been stolen; (b) has been damaged solely from hail; (c) has sustained damage that is solely cosmetic in character by a means other than collision or upset; or (d) is registered by a registration card that restricts its use to highways in and adjoining a remote community. 2(2) A motor vehicle that has been damaged becomes written off when an insurance company under a contract of insurance (a) pays an amount determined under the contract of insurance in relation to the damaged motor vehicle and acquires ownership of the motor vehicle; or (b) pays an amount determined under the contract of insurance in relation to the damaged motor vehicle less its value as salvage and does not acquire ownership of the motor vehicle. 2(3) A motor vehicle that (a) is registered under the Act; (b) may be legally operated on a highway in Manitoba without a contract of insurance with an insurance company; and (c) is damaged; becomes written off when the owner believes that the cost of repairing the motor vehicle is more than the value of the motor vehicle and decides to keep it without repairing it or decides to sell or dispose of the vehicle instead of repairing it. 2(4) A motor vehicle, other than a motor vehicle described in subsection (2) or (3), that is damaged becomes written off when the owner believes that the cost of repairing the motor vehicle is more than the value of the motor vehicle and decides to keep it without repairing it or decides to sell or dispose of the vehicle instead of repairing it. Write-offs of stolen motor vehicles 3(1) This section does not apply to a motor vehicle that (a) has been damaged solely from hail; (b) has sustained damage that is solely cosmetic in character by a means other than collision or upset; or (c) is registered by a registration card that restricts its use to highways in and adjoining a remote community. 3(2) A motor vehicle that may not be legally operated on a highway without insurance becomes written off if (a) it has been stolen and is recovered; (b) while stolen, it was damaged to the extent that the cost of repairing it is more than its value; and (c) an insurance company under a contract of insurance (i) pays an amount determined under the contract of insurance in relation to the damaged motor vehicle and acquires ownership of the motor vehicle, or (ii) pays an amount determined under the contract of insurance in relation to the damaged motor vehicle less its value as salvage and does not acquire ownership of the motor vehicle. 3(3) A motor vehicle that may legally be operated on a highway without insurance becomes written off if (a) it has been stolen and is recovered; (b) while stolen, it was damaged; and (c) the owner believes that the cost of repairing the motor vehicle is more than the value of the motor vehicle and decides to keep it without repairing it or decides to sell or dispose of the vehicle instead of repairing it. 3(4) A motor vehicle, other than a motor vehicle described in subsection (2) or (3) that has been stolen and recovered, and, while stolen, was damaged, becomes written off when the owner (a) believes that the cost of repairing the motor vehicle is more than the value of the motor vehicle; and (b) decides to keep it without repairing it or decides to sell or dispose of the vehicle instead of repairing it. WRITING OFF MOTOR VEHICLES AND ASSIGNING STATUS Designation of persons to give notice of write-off 4 The following persons are designated for the purposes of subsection 67(1) of the Act: (a) an insurance company referred to in subsection 2(2) or 3(2); (b) an owner of a motor vehicle referred to in subsection 2(3) or (4) or subsection 3(3) or (4). Specification of status as irreparable or salvageable motor vehicle 5 A motor vehicle that is written off has the status of an irreparable motor vehicle or a salvageable motor vehicle when a person designated under section 4 specifies that the motor vehicle has that status in a notice under subsection 67(1) of the Act or the registrar declares that it has that status under section 8. Manner and content of notice 6(1) A notice under subsection 67(1) of the Act must set out the following information about the motor vehicle: (a) the registered owner's name and address; (b) the year, make and model; (c) the vehicle identification number; (d) a statement as to whether the motor vehicle has the status of an irreparable motor vehicle or a salvageable motor vehicle; (e) the date the statement referred to in clause (d) was made. 6(2) A notice given by The Manitoba Public Insurance Corporation must be in the form required by the registrar. 6(3) A notice given by any person other than The Manitoba Public Insurance Corporation must be in writing in the form required by the registrar. Voluntary declaration of status 7 The owner of a motor vehicle that is damaged or in disrepair may declare that the motor vehicle has the status of an irreparable or salvageable motor vehicle by filing with the registrar a notice setting out the information in subsection 6(1) together with a statement in writing that the notice is a voluntary declaration. When the registrar receives the notice, the motor vehicle has that status for the purpose of the Act and this regulation, and is deemed to be written off. Registrar may declare status 8(1) The registrar may declare that a motor vehicle (a) that has not been written off; or (b) that has been written off but in respect of which the registrar has not received a notice under subsection 67(1) of the Act; has the status of an irreparable or salvageable motor vehicle based on information about the motor vehicle from an insurance company or investigation by the registrar, and the motor vehicle has that status for the purpose of the Act and this regulation when the registrar makes the declaration. 8(2) A motor vehicle referred to in clause (1)⁠(a) is deemed to be written off when the registrar makes a declaration in respect of the vehicle under subsection (1). 8(3) A declaration under subsection (1) must be in writing and in a form approved by the registrar. Irreparable and salvageable motor vehicles from outside Manitoba 9 If a motor vehicle that has been damaged has the status of an irreparable or salvageable motor vehicle under the laws of a jurisdiction outside Manitoba or, in the opinion of the registrar, has a similar status under those laws, the motor vehicle is an irreparable or salvageable motor vehicle under this regulation. Cessation of status of salvageable motor vehicle 10 The following inspection certificates in respect of a salvageable motor vehicle are prescribed for the purpose of clause 47(2)⁠(a) and subsection 47(3) of the Act: (a) in the case of a motor vehicle last registered in Manitoba, a body integrity inspection certificate for the motor vehicle in relation to an inspection that takes place after the motor vehicle is written off, and (i) in the case of a motor vehicle that must comply with the Periodic Mandatory Vehicle Inspection Regulation in order to operate on a highway, an inspection certificate under that regulation in relation to an inspection that is started after the body integrity inspection certificate for the motor vehicle is completed and issued, and (ii) in the case of a motor vehicle other than one described in subclause (i), an inspection certificate approved by the registrar under subsection 3(2) of the Inspection of Motor Vehicles for Registration Purposes Regulation in relation to an inspection that is started after the certificate of inspection for body integrity of the motor vehicle is completed and issued; (b) in the case of a motor vehicle last registered outside Manitoba, (i) a subsisting document issued in that jurisdiction that in the opinion of the registrar is substantially similar to the inspection certificates that would be required for the motor vehicle under clause (a), or (ii) a certificate referred to in clause (a). INSPECTIONS AND ROAD TESTS Inspection prohibited without required documentation 11 No qualified mechanic shall inspect a motor vehicle for the purposes of this regulation unless he or she is in possession of the documentation required by the registrar relating to the inspection and vehicle. Body integrity standards 11.1(1) For the purposes of this regulation, the body integrity standards a motor vehicle must meet are those set out in the Schedule. 11.1(2) If this regulation requires an inspection for body integrity, the inspection must be conducted by following each of the inspection steps set out in the left column of the Schedule. 11.1(3) A motor vehicle (a) complies with the body integrity standards if it does not have a condition set out in the column of the Schedule labelled "Reject if"; and (b) does not comply with the body integrity standards if it has one or more conditions set out in the column of the Schedule labelled "Reject if". M.R. 37/2019 Body integrity inspection certificate 12 If on completing the inspection of a salvageable motor vehicle for body integrity, the motor vehicle complies with the body integrity standards, the qualified mechanic who performed the inspection must complete and issue a body integrity inspection certificate for the motor vehicle. M.R. 37/2019 Failure to pass inspection for body integrity 13 If on completing an inspection of a salvageable motor vehicle for body integrity, the qualified mechanic is of the opinion that it does not comply with the body integrity standards, the qualified mechanic must (a) refuse to issue a body integrity inspection certificate for the motor vehicle; (b) notify the person who presented the motor vehicle for inspection of the failure of the motor vehicle to pass the inspection for body integrity and indicate on the body integrity inspection certificate form the items that did not comply with the body integrity standards; and (c) give the body integrity inspection certificate form to the person presenting the vehicle for inspection. M.R. 37/2019 Re-inspection for body integrity 14 If a vehicle fails to pass an inspection under section 13 and is again presented for inspection within 120 days at the same inspection station, a qualified mechanic (a) may re-inspect the motor vehicle for body integrity with respect to the items that did not comply with the body integrity standards; and (b) must, if he or she is satisfied that the vehicle now complies with the body integrity standards, issue the body integrity inspection certificate in the same manner as if the motor vehicle had passed the inspection under section 12. M.R. 37/2019 Road tests 15 For the purpose of clauses 64(3)⁠(b), 65(3)⁠(b) and 67(4)⁠(b) of the Act, (a) when a qualified mechanic has completed the inspection of a motor vehicle in relation to a body integrity inspection certificate and has found that it appears to comply with the safety standards, the qualified mechanic may operate the motor vehicle on a highway for the sole purpose of testing it to ascertain whether it complies with those standards if the motor vehicle is operated for the minimum time necessary to ascertain whether it complies with those standards; and (b) when a qualified mechanic has completed the inspection of a motor vehicle under (i) the Periodic Mandatory Vehicle Inspection Regulation , if it is a motor vehicle that must comply with that regulation in order to operate on a highway, or (ii) Part 3 of the Inspection of Motor Vehicles for Registration Purposes Regulation , in any other case, and has found that it appears to comply with the safety standards, the qualified mechanic may operate the motor vehicle on a highway for the sole purpose of testing it to ascertain whether it complies with those standards if the motor vehicle is operated for the minimum time necessary to ascertain whether it complies with those standards. COMING INTO FORCE Coming into force 16 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force. SCHEDULE (Section 11.1) BODY INTEGRITY STANDARDS