Section 1 of the Insurance Act, RSNB 1973 c I-12,
provides the following definition of automobile
"automobile" includes a trolley bus and a self-propelled
vehicle, and the trailers, accessories and equipment of
automobiles, but does not include railway rolling stock that runs
on rails, watercraft or aircraft
However, the Part VII - Automobile Insurance part of the Insurance
Act does not apply to contracts providing insurance with respect to
an automobile not required to be registered under the Motor Vehicle
Act, RSNB 1973, c M-17, unless it is insured under a contract
evidenced by a form of policy approved under this Part by the
Superintendent.
Registration of automobiles under the Motor Vehicles
Act is provided for in section 21 of this Act, which
states:
21(1)Every motor vehicle, trailer, semi-trailer, pole trailer and
all special mobile equipment operated on a highway shall be
registered under this Part except
(a) any such vehicle operated upon a highway in conformance with
the provisions of this Act relating to manufacturers, transporters,
dealers, lien holders, or non-residents or under a temporary
registration permit issued by the Division as hereinafter
authorized,
(b) any implement of husbandry whether of a type otherwise subject
to registration hereunder or not that is only incidentally operated
upon a highway,
(b.1) any such vehicle being towed by a tow truck in accordance
with this Act and the regulations,
(c) any special mobile equipment specifically excepted by the
Minister, and
(d) any motor vehicle used exclusively as an ambulance, or by a
fire department for protection against fires.
In Thériault v General Accident Assurance Co. (1990) 110 NBR (2nd) 4 (NBCA), section 225(3) the Court of Appeal confirmed that in the absence of a descriptive definition of 'automobile' in a policy, if something falls within the definition of "automobile" and the applicable automobile insurance policy is approved by the Superintendent, then it is an automobile for the purposes of the Insurance Act.
For more information, please contact:
Amy Maillet
Cox & Paler
Moncton