(a) Each employer must require the applicant to provide the information required in W.S. 31-7-301.
(b) No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle, unless exempted pursuant to the terms of this chapter, during any period in which the driver has:
(i) Not been licensed to drive a commercial vehicle;
(ii) A driver license suspended, revoked or canceled by a state;
(iii) Lost the privilege to drive a commercial motor vehicle in a state;
(iv) Been disqualified from driving a commercial motor vehicle; or
(v) More than one (1) driver license.
(a) Notwithstanding any other provision of this act, the department shall by rule and regulation grant an exemption from the licensing and other requirements of this article or from the requirements of any rule or regulation adopted pursuant to this article to a class of persons or class of commercial motor vehicles exempted by the secretary of the United States department of transportation pursuant to title 49 of the United States Code including:
(i) A farm or ranch vehicle when:
(A) Controlled and operated by a farmer or rancher, including operation by employees or family members;
(B) Used in agricultural operations as defined in W.S. 31-18-801(a)(i), exempted under W.S. 31-18-103(a) and used to transport either agricultural products, farm or ranch machinery, farm or ranch supplies, or any combination of these items, to or from a farm or ranch; and
(C) Not used in the operations of a contract or common motor carrier.
(ii) Firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police special weapons and tactics team vehicles, ambulances or other vehicles that are used in response to emergencies;
(iii) Individuals who operate commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel, members of the military reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, civilian national guard military technicians who are required to wear military uniforms and active duty United States coast guard personnel.
(b) The department of transportation shall by rule and regulation grant to any person or class of persons specified under subsection (a) of this section any exemption from the requirements of this title that is granted by the secretary of the United States department of transportation.
31-7-304. Issuance; classifications and endorsements.
(a) Commercial driver's licenses may be issued with the following classifications and endorsements. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles which require a separate endorsement, unless the proper endorsement appears on the license:
(i) Classifications:
(A) Class "A" consists of any combination of vehicles with a gross combination weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds;
(B) Class "B" consists of any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds, or any such vehicle towing a vehicle which is not in excess of ten thousand (10,000) pounds;
(C) Class "C" consists of any single vehicle or combination of vehicles that does not meet the definition of a class "A" or class "B" vehicle as contained herein, but that either is designed to transport sixteen (16) or more passengers including the driver or is placarded for transportation of hazardous materials.
(ii) The following driver's license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver's license:
(A) "H" authorizes the operation of a vehicle transporting hazardous materials, provided that the licensed driver has attained the age of eighteen (18) years;
(B) "N" authorizes the operation of a vehicle which is designed to transport as its primary cargo any liquid, bulk or gaseous material within a tank having a designed capacity of one thousand (1,000) gallons or more and attached to the vehicle;
(C) "P" authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of passengers, providing the licensed driver has attained the age of eighteen (18) years;
(D) "T" authorizes a class "A" vehicle to be operated while pulling more than one (1) trailer;
(E) "X" represents a combination of "H" and "N" endorsements;
(F) Repealed By Laws 2004, Chapter 11, § 2.
(G) "S" authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of preschool, elementary or secondary school students from home to school, school to home or to and from school sponsored events.
(b) Before issuing a commercial driver's license, the department shall obtain driving record information through the commercial driver license information system, through the National Driver Register, and from each state in which the person has been licensed.
(c) Within ten (10) days after issuing a commercial driver's license, the department shall notify the commercial driver license information system of the issuance and provide all information required to ensure identification of the person.
(d) The commercial driver's license shall expire as provided by W.S. 31-7-119.
(e) When applying for renewal of a commercial driver's license, the applicant must complete the application form required by W.S. 31-7-111 and provide updated information and required certifications. The written test for a hazardous materials endorsement must be taken and passed if the person wants to retain an "H" endorsement.
(f) Before issuing or renewing a commercial driver's license or at any time before an applicant's current federal medical qualification certificate expires, the department shall require that the applicant present a current federal medical qualification certificate.
(g) Before applying for a commercial driver's license, an applicant shall have held a commercial learner's permit in this state or another state for not less than fourteen (14) days.
31-7-305. Disqualification and cancellation; right to a hearing.
(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one (1) year if convicted of a first violation arising from separate incidents of:
(i) Driving or in actual physical control of a motor vehicle under the influence of alcohol or a controlled substance to a degree which renders him incapable of safely driving a motor vehicle;
(ii) Driving or in actual physical control of a commercial motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is four one-hundredths of one percent (0.04%) or more;
(iii) Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person;
(iv) Using a motor vehicle in the commission of any felony;
(v) Refusal to submit to a test to determine the driver's alcohol concentration while driving or in actual physical control of a motor vehicle;
(vi) Driving a commercial vehicle when, as a result of prior convictions, the driver's driving privileges are cancelled, suspended or revoked, or the driver is disqualified from operating a commercial motor vehicle;
(vii) Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to homicide by motor vehicle, negligent homicide, motor vehicle manslaughter or a similar local ordinance or similar state law from another jurisdiction;
(viii) Driving or being in actual physical control of a motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is eight one-hundredths of one percent (0.08%) or more;
(ix) Driving or being in actual physical control of a motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is two one-hundredths of one percent (0.02%) or more if the person is under twenty-one (21) years of age and the person holds a valid commercial driver's license or commercial learner's permit at the time of the offense; or
(x) Violating any local ordinance or state law in another jurisdiction which is substantially similar to any of the violations listed in this subsection.
(b) If any of the violations provided in subsection (a) of this section occurred while transporting a hazardous material required to be placarded in accordance with 49 C.F.R. §§ 172.500 through 172.558, the person is disqualified for a period of not less than three (3) years.
(c) A person may be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (a) of this section or any combination of those offenses arising from two (2) or more separate incidents. Only offenses committed after the effective date of this act apply to this subsection.
(d) The department shall issue regulations establishing guidelines and conditions under which a disqualification for life under subsection (c) of this section may be reduced to a period of not less than ten (10) years. Any person whose disqualification for life has been reduced under this subsection and who is subsequently convicted of another disqualifying offense under subsection (a) of this section shall not be again eligible for a reduction under this subsection. The guidelines and conditions shall be in compliance with the Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570 and 49 C.F.R. § 383.51.
(e) A person shall be disqualified for life from driving a commercial motor vehicle for:
(i) Using a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance;
(ii) Using a commercial motor vehicle in the commission of any felony involving human trafficking under W.S. 6-2-702 or 6-2-703.
(f) A person may be disqualified from driving a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.
(g) A driver who is convicted of violating an out-of-service order may be disqualified for a period of:
(i) Not less than one hundred eighty (180) days nor more than one (1) year if the driver is convicted of a first violation of an out-of-service order;
(ii) Not less than two (2) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of two (2) separate violations of out-of-service orders in separate incidents;
(iii) Not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents;
(iv) Not less than one hundred eighty (180) days nor more than two (2) years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver. A driver is disqualified for a period of not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver.
(h) For offenses specified in this subsection relating to a railroad-highway crossing, a person who holds, or is required to have, a commercial driver's license is disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of a first offense under this subsection, for a period of one hundred twenty (120) days if convicted of a second offense under this subsection in a separate incident within a three (3) year period, or for a period of one (1) year for a third or subsequent conviction under this subsection within a three (3) year period for driving a commercial motor vehicle in violation of state or local law or regulation pertaining to one (1) of the following offenses at a railroad-highway crossing:
(i) For drivers who are not required to stop at all railroad-highway crossings, failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment;
(ii) For drivers who are not required to stop at all railroad-highway crossings, failing to stop before reaching the crossing if the tracks are not clear;
(iii) For drivers who are always required to stop at all railroad-highway crossings, failing to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(j) After suspending, revoking, disqualifying or canceling a commercial driver license, the state licensing authority shall update its records to reflect that action within ten (10) days. After suspending, revoking, disqualifying or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver license within ten (10) days.
(k) Before a person is disqualified from driving a commercial motor vehicle under this act, the department shall notify the person and provide an opportunity for a hearing and appeal in accordance with the provisions of W.S. 31-7-105.
(m) A disqualification under this section does not affect the department's authority to suspend, revoke, cancel or deny a license under any other law.
(n) Repealed By Laws 2011, Ch. 31, § 2.
(o) A person may be disqualified from driving a commercial motor vehicle, or the department may downgrade a person's commercial driver's license to a noncommercial driver's license, if the person fails to provide a current federal medical qualification certificate when requested by the department.
(p) If an applicant for a commercial driver's license or a commercial learner's permit has been found to have made a false application or been convicted of making a false application, the applicant may have his commercial driver's license or commercial learner's permit cancelled and be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.
(q) Upon the department receiving credible information that the holder of a commercial driver's license or commercial learner's permit is suspected of obtaining the license in a fraudulent manner, the state shall notify the license holder in writing at the address on file that they have thirty (30) days to contact the department and schedule retesting. The notification shall specify what tests must be retaken. If the license holder does not contact the department, does not take the test required or fails any rescheduled test, the license holder shall have his license cancelled and shall be disqualified from driving a commercial motor vehicle for a period of one (1) year.
31-7-306. Commercial drivers prohibited from operating with any alcohol in system.
(a) Notwithstanding any other provision of this title, a person may not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in his system.
(b) A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system as provided by W.S. 31-7-307 shall be placed out-of-service for twenty-four (24) hours.
31-7-307. Implied consent requirements for commercial motor vehicle drivers.
(a) A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent, subject to the provisions of this section to a chemical test or tests of his blood, breath or urine for the purpose of determining alcohol or controlled substance concentration in his blood.
(b) The test or tests shall be administered at the direction of a peace officer, who has probable cause to believe that the driver was driving or in actual physical control of a commercial motor vehicle in this state while having alcohol or a controlled substance in his system. The peace officer who requires a test pursuant to this section may direct that the test shall be of blood, breath or urine. However, if the officer directs that the test be of the person's blood or urine, the person may choose whether the test shall be of blood or urine. The person has this option unless the peace officer has probable cause to believe there is a controlled substance which is not subject to testing by a blood or breath test in which case a urine test may be required.
(c) For tests required under this section, the person shall be advised that:
(i) Repealed By Laws 2011, Ch. 178, § 2.
(ii) If the results of the test indicate a blood alcohol concentration of four one-hundredths of one percent (0.04%) or more, it shall result in a disqualification for a period of not less than one (1) year to life;
(iii) If the results of the test indicate a blood alcohol concentration of less than four one-hundredths of one percent (0.04%), he shall be placed out-of-service for twenty-four (24) hours;
(iv) He may go to the nearest hospital or clinic and secure any or all required tests at his own expense or any remaining required tests shall be administered by a person at a place and in a manner prescribed by and at the expense of the agency employing the peace officer.
(d) Results of tests obtained at the person's expense shall be made available to the peace officer and the person. Disclosure of the test results by the person administering the test is not a violation of the doctor-patient relationship.
(e) Any person dead, unconscious or otherwise in a condition rendering him incapable of cooperating with the administration of the tests is deemed to have given his consent provided for in this section, and the tests may be administered subject to this section. A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.
(f) If the person refuses testing or is administered a test which discloses an alcohol concentration of four one-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood the peace officer shall submit a signed statement to the department. The statement submitted by the officer shall contain:
(i) His probable cause to believe the person was driving or in actual physical control of a commercial vehicle:
(A) In this state;
(B) With alcohol or a controlled substance in his system.
(ii) That a test was requested pursuant to this section; and
(iii) That the person refused to submit to a test or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent (0.04%) or more.
(g) Upon receipt of the signed statement of a peace officer submitted under subsection (f) of this section, the department shall disqualify the driver from driving a commercial motor vehicle under W.S. 31-7-305 subject to the hearing provision therein.
(h) A timely request for a hearing shall stay the disqualification until the order following the hearing is entered provided the stay of disqualification is effective only so long as there is no disqualification for a similar violation during the hearing and appeal period.
(j) At the conclusion of a hearing, the hearing examiner shall order the disqualification be rescinded or sustained. The scope of the hearing shall be limited to the issues of:
(i) Whether the peace officer had probable cause to believe the person was driving or in actual physical control of a commercial vehicle with alcohol or a controlled substance in his system;
(ii) Whether the results of a test indicated there was at least four one-hundredths of one percent (0.04%) of alcohol in the person's blood; and
(iii) Whether the person had been given the advisement required in subsection (c) of this section.
(k) Prehearing discovery available to any party is limited to access to the notice of disqualification, signed statement, and any accompanying documentation submitted by the peace officer. Other types of discovery available under other laws are not available under this section.
(m) If a person under arrest refuses to submit to a chemical test under this section, evidence of the refusal is admissible in any administrative, civil or criminal action or proceeding arising from acts alleged to have been committed while driving or in actual physical control of a commercial vehicle.
(n) W.S. 31-6-102(g), 31-6-104(c), 31-6-105(a), (b) and
(e) and 31-6-106 apply to this section.
Within ten (10) days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state or federal law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction.
31-7-309. Driving record information to be furnished.
(a) Notwithstanding any other provision of law, the department shall furnish full information regarding the driving record of any person:
(i) To the driver license administrator of any other state or province or territory of Canada requesting the information;
(ii) To any employer or prospective employer upon request and payment of the required fee;
(iii) To insurers upon request and payment of the required fee;
(iv) To a transportation network company to evaluate a prospective transportation network company driver as required by W.S. 31-20-106 upon payment of the required fee.
(b) The department shall determine the amount of the fee prescribed by this section to cover the actual cost of providing the information.
The department shall adopt rules and regulations necessary to carry out the provisions of this article and the requirements of the federal motor carrier safety regulations in title 49, Code of Federal Regulations.
The department may make agreements, arrangements or declarations to carry out the provisions of this article specifically, but not limited to certifying third parties to conduct tests of applicants required under this article.
Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a commercial driver's license issued by any state or provinces or territories of Canada in accordance with the minimum federal standards for the issuance of a commercial motor vehicle driver's license, if the person's driver's license is not suspended, revoked or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.
If a person has his driving privileges suspended or revoked for a violation committed while driving a noncommercial vehicle the department shall not issue a temporary commercial driver's license to be used by the person to drive a commercial motor vehicle for the period of the suspension or revocation. The department may issue a noncommercial temporary license as specified in W.S. 31-7-105 if the person is otherwise eligible. The fee for the temporary license shall be the same as for a noncommercial driver's license under W.S. 31-7-113(a).
31-7-401. Ignition interlock licenses; definitions; administration and enforcement.
(a) For purposes of this article:
(i) "Ignition interlock device" means an alcohol breath screening device connected to the engine's ignition system, that prevents the vehicle from starting when it detects an alcohol concentration over an established limit. The device shall contain a data logger which retains records of every instance in which the device prevented the engine from starting during the period between recalibrations;
(ii) "Ignition interlock service provider" means any person who installs, services, monitors, calibrates or repairs ignition interlock devices and who must be certified by the department to perform such work.
(b) The department shall prescribe reasonable rules and regulations for the certification of ignition interlock devices and ignition interlock service providers and for the calibration and maintenance of ignition interlock devices, which calibration and maintenance shall be the responsibility of an ignition interlock service provider. In addition to other matters necessary for the administration of this article, the rules and regulations shall:
(i) Prohibit any ignition interlocking device from being sold or installed in this state without the device and the ignition interlock service provider being certified by the department;
(ii) Require that each ignition interlock service provider provide a reasonable service where such devices may be obtained, repaired, replaced, serviced and calibrated;
(iii) Require that every ignition interlock service provider provide monthly reports for each ignition interlocking device data logger;
(iv) Require that ignition interlock service providers check, calibrate and service each ignition interlock device installed by that provider at least every sixty (60) days and adopt a reporting requirement should the provider find evidence of tampering;
(v) Require that each ignition interlock service provider retain all data logger records for three (3) years;
(vi) Require that each ignition interlock service provider complete certificates of installation and certificates of continuing calibration and servicing, which certificates shall be delivered to the department on a form determined by the department and within a time period set by the department;
(vii) Establish procedures under which indigent persons who are required to operate only vehicles equipped with an ignition interlock device may have one-half (1/2) the costs of obtaining and using such device paid from funds made available by the state. A person shall be considered indigent if they are able to produce evidence that they are eligible and qualified to participate in the federal supplemental nutrition assistance program.
(c) The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance of ignition interlock restricted licenses as provided in this article.
(d) The department shall establish a fee chargeable to every person applying for an ignition interlock restricted license. The fee shall compensate the department for all the costs directly associated with operating the ignition interlock program required by this article, but in no event shall the fee exceed one hundred twenty-five dollars ($125.00). The fee shall not be collected from any indigent person who qualifies for the benefits described by paragraph (b)(vii) of this section.
(e) All monies received by the department under subsection
(d) of this section shall be deposited into an ignition interlock account. Interest earned on monies in the account shall be credited to the account. All monies in the account including earned interest are continuously appropriated to the department and shall be expended only for the purpose of operating the ignition interlock program required by this article.
31-7-402. Issuance of ignition interlock restricted license; eligibility.
(a) A person whose driver's license has been suspended pursuant to W.S. 31-7-128(b)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, shall apply to the department for an ignition interlock restricted license for the suspension period or other period required by law.
(b) A person whose driver's license has been revoked pursuant to W.S. 31-7-127(a)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, or who is required to operate only vehicles equipped with an ignition interlock device under W.S. 31-5-233(f)(ii) shall apply to the department for an ignition interlock restricted license for the suspension or revocation period or other period required by law.
(c) An ignition interlock restricted license issued pursuant to subsection (a) or (b) of this section shall entitle the licensee to drive upon the highways of this state during the period his previously issued license is otherwise suspended or revoked or for another period required by law, subject to the following conditions:
(i) The licensee agrees in writing to the terms and conditions of this article;
(ii) Ignition interlock devices shall be installed, at the licensee's expense, by a certified ignition interlock service provider on all motor vehicles the licensee will drive, whether such vehicles are owned by the licensee or not, except that a licensee may operate an employer's vehicle without an ignition interlock device installed during normal business activities and not used by the licensee for nonbusiness purposes;
(iii) Repealed By Laws 2009, Ch. 160, § 2.
(iv) Repealed By Laws 2009, Ch. 160, § 2.
(v) The driver's license and driving record of any person issued an ignition interlock license shall clearly indicate that the licensee may only operate a motor vehicle equipped with a functioning ignition interlock device;
(vi) An applicant for an ignition interlock restricted license shall file and maintain proof of financial responsibility as required by W.S. 31-9-401 through 31-9-414 for the period of the restricted license.
(d) No restricted license may be issued under this article until the department has received a certificate of installation from a certified ignition interlock service provider for every vehicle on which the device must be installed for that licensee under this article.
(e) A person required to apply for an ignition interlock restricted license under subsection (a) or (b) of this section shall not be eligible to receive a driver's license without an ignition interlock restriction until he has held the ignition interlock license for the period required by law. If a person required to apply for an ignition interlock license resides in another state, the person may meet the ignition interlock license requirement by completing the ignition interlock program in another state for the period required by Wyoming law.
(f) The time during which a person can demonstrate installation and compliance with a department approved ignition interlock device prior to conviction for the same incident shall be credited to the person's post-conviction ignition interlock restricted license requirements.
31-7-403. Suspension or revocation of ignition interlock license.
(a) Subject to the administrative hearing provisions of W.S. 31-7-105, the department shall suspend a person's ignition interlock restricted license when the department is notified that:
(i) An ignition interlock device required by this article is no longer installed or functional, except as required for normal repair and maintenance;
(ii) The licensee has failed to maintain proof of financial responsibility as required by this article.
(b) A suspension pursuant to subsection (a) of this section shall remain in effect until the licensee provides written evidence that the violation causing the suspension has been cured.
(c) Subject to the administrative hearing provisions of W.S. 31-7-105, the department may revoke a person's ignition interlock restricted license when the department is notified that:
(i) The licensee has been convicted of any violation of W.S. 31-7-404 or 31-5-233; or
(ii) The monthly reports from a licensee's ignition interlocking device data logger indicate that the licensee is habitually attempting to operate a vehicle while impaired.
(a) No person shall drive any motor vehicle without a functioning and certified ignition interlock device if:
(i) He is licensed under this article;
(ii) He is required to apply for an interlock restricted license under W.S. 31-7-402(a) or (b); or
(iii) His driving privileges have been restricted to operating vehicles with an interlock device by a court or by operation of law.
(b) No person shall remove or otherwise circumvent an installed ignition interlock device nor blow or solicit another to blow into an ignition interlock device for the purpose of rendering an operable vehicle to a person whose driving privileges have been restricted under this article.
(c) A person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and shall:
(i) For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation or suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
(ii) For a second or subsequent violation of subsection (a) or (b) of this section during the same license period is guilty of a misdemeanor and shall be imprisoned for not less than thirty (30) days nor more than six (6) months and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
(iii) Be considered to have been convicted under W.S. 31-5-233 for the purposes of the ignition interlock device requirements of W.S. 31-5-233(f)(ii) through (v).
(d) A person violating subsection (b) of this section who is not the restricted licensee is guilty of a misdemeanor and shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than six (6) months, or both. Upon a subsequent violation of subsection (b) of this section, the violator shall no longer be eligible for an ignition interlock restricted license should that person ever apply and otherwise be eligible.
(e) The courts of this state shall forward to the department a copy of the record pertaining to the disposition of any arrest or citation for a violation of subsection (a) or (b) of this section within ten (10) days after such record becomes available.
(f) The provisions of subsection (b) of this section shall not apply to any person starting a vehicle when necessary in the interest of safety or for the repair of the device or vehicle nor shall they apply to any ignition interlock service provider while performing his duties as an ignition interlock service provider.
31-7-501. 24/7 licenses; definitions; account; administration and enforcement.
(a) For purposes of this article:
(i) "24/7 administrator" means the 24/7 sobriety program director authorized by W.S. 7-13-1710. In the absence of a 24/7 sobriety program director, the 24/7 administrator shall mean the attorney general or his designee;
(ii) "24/7 restricted driver's license" means a driver's license issued under W.S. 31-7-109(m);
(iii) "24/7 sobriety program" means the program created under W.S. 7-13-1701 through 7-13-1710;
(iv) "Department" means the Wyoming department of transportation;
(v) "Indigent person" means a person able to produce evidence that he is eligible and qualified to participate in the federal supplemental nutrition assistance program.
(b) The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance and revocation of 24/7 restricted driver's licenses as provided in this article.
(c) The department shall establish a fee chargeable to every person applying for a 24/7 restricted driver's license. The fee shall compensate the department for all the costs directly associated with administering 24/7 restricted driver's licenses required by this article, but in no event shall the fee exceed one hundred twenty-five dollars ($125.00). The fee shall not be collected from any indigent person.
(d) There is created the 24/7 restricted driver's license account. All monies received by the department under subsection
(c) of this section shall be deposited into the 24/7 account. Interest earned on monies in the account shall be credited to the account. All monies in the account including earned interest are continuously appropriated to the department and shall be expended only for the purpose of administering 24/7 restricted driver's licenses required by this article.
(a) A person ordered to participate pursuant to W.S. 31-5-233(n) in a 24/7 sobriety program as an alternative to the requirements of W.S. 31-5-233(f)(ii) through (iv) shall not be eligible to receive an unrestricted driver's license until he has held the 24/7 restricted license for the period required by W.S. 31-5-233(n). The time during which a person can demonstrate enrollment in and compliance with a 24/7 sobriety program prior to conviction for the same incident shall be credited to the person's post-conviction restricted license requirements under W.S. 31-5-233(n).
(b) If a person ordered to participate in a 24/7 sobriety program, as described in subsection (a) of this section, fails to comply with the requirements of the program or otherwise ceases to participate in the program prior to completing the program, the 24/7 administrator shall immediately notify the department. Upon receiving notice, the department shall immediately revoke the person's 24/7 restricted driver's license.
(c) A person whose 24/7 restricted driver's license is revoked shall apply to the department for an ignition interlock restricted license for the balance of the period required by W.S. 31-5-233(n).
(d) A person whose 24/7 restricted driver's license is revoked under subsection (b) of this section shall not drive any motor vehicle on the highways of this state unless the person has been issued an ignition interlock restricted license for the balance of the period required by W.S. 31-5-233(f).
(e) A person who violates subsection (d) of this section is guilty of a misdemeanor and shall:
(i) For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
(ii) For a second or subsequent violation of subsection (d) of this section during the same license revocation period, be imprisoned for not less than thirty (30) days nor more than six (6) months, and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).
restrictions; limited to one state-issued credential; digital identification card; definitions; rulemaking.
(a) Any Wyoming resident may be issued an identification card by the department of transportation if the resident does not possess or surrenders any other state-issued, REAL ID Act or other applicable federal law compliant driver's license or identification card. The application shall state the registrant's full legal name, social security number, date of birth and any other identifying data the department may require and shall be signed and verified by the applicant. The identification card shall at the applicant's request indicate that the applicant is an anatomical organ donor as provided by W.S. 35-5-205 or that the applicant has a medical alert designation as provided for in W.S. 31-7-142. Before receiving an identification card under this chapter a person who previously has been licensed or issued an identification card in this or any other state but who does not have the credential in their possession shall complete an affidavit of "No License/ID Card in Possession."
(b) The department shall not issue an identification card until documentary evidence of the applicant's age and identity has been verified using documents as provided by W.S. 31-7-111.
(c) An identification card issued under subsection (a) of this section may include a digital identification card. A digital identification card may be issued upon request of a registrant and payment of the required fee. No digital identification card shall be issued unless the applicant holds the corresponding physical identification card or unless the corresponding physical identification card is issued simultaneously. A registrant may display a digital identification card by providing access to the digital identification card on the registrant's portable electronic device. No law enforcement or judicial officer demanding display of a registrant's digital identification card for any identification verification purpose shall take custody of the registrant's portable electronic device. Display of a digital identification card shall not serve as consent to search the registrant's portable electronic device. A digital identification card shall be designed in accordance with W.S. 31-7-115(d)(i) and (ii). Nothing in this section shall be construed to require a person, other than the department if it has chosen to issue a digital identification card, to accept a digital identification card or otherwise require the purchase of equipment to verify the accuracy of a digital identification card.
(d) As used in this chapter:
(i) "Digital identification card" means a secure, electronic representation of a physical identification card that is stored on the registrant's portable electronic device and may be viewed or verified by a person to whom access is allowed. A digital identification card is optional to purchase, supplemental to a physical identification card and may be accepted in lieu of a physical identification card at the option of the person requesting or requiring proof of identification;
(ii) "Portable electronic device" means as defined in W.S. 31-7-102(a)(li);
(iii) "REAL ID Act" means the REAL ID Act of 2005, Public Law 109–13, 119 Stat. 302, enacted May 11, 2005, and subsequent amendments thereto.
(e) The department may promulgate rules to implement the provisions of this chapter.
31-8-102. Contents.
(a) The identification card or digital identification card shall resemble a Wyoming driver's license or digital driver's license. It shall have:
(i) A distinguishing number assigned to the registrant;
(ii) His full legal name;
(iii) His date of birth;
(iv) His resident address;
(v) A brief description including sex, height and weight;
(vi) The registrant's full facial digital photograph;
(vii) The following: "State of Wyoming"-"Identification Card No. ...."-"FOR IDENTIFICATION PURPOSES ONLY";
(viii) The designations as provided for in W.S. 31-7-139, 31-7-141 and 31-7-142; and
(ix) The registrant's usual signature unless the registrant is unable to make a signature.
(b) Identification cards issued to a person who is not a United States citizen but who has lawful status as defined by title 6, section 37.3 of the Code of Federal Regulations shall state "Not U.S. citizen".
31-8-103. Expiration; records; new cards; renewal by persons living in care facilities.
(a) Identification cards shall expire on the registrant's birthday in the eighth year following issuance of the identification card. The department shall keep records of data contained in identification cards.
(b) If an identification card is lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence as for an original identification card.
(c) If any information contained in the identification card becomes inaccurate, or if it is desired to withdraw or insert notice of anatomical organ donation or a medical alert designation, the person to whom it was issued may obtain a new card upon:
(i) Advising the department of his desire to withdraw or insert notice of an anatomical organ donation or a medical alert designation or furnishing proof of the inaccuracies to the department;
(ii) Furnishing all documentary evidence necessary to verify any material change to information listed on the original identification card; and
(iii) Surrendering the original identification card.
(d) The division shall send a notification for an identification card to the last known address of every eligible registrant, or notify by electronic means if the eligible registrant has consented to receive notices electronically, within one hundred twenty (120) days prior to expiration of the registrant's identification card. The notification shall conspicuously advise registrants of the requirement that in person voters present acceptable identification immediately before voting at the polling place or absentee polling place and that an identification card is a form of acceptable identification. The notice shall also state that persons living in nursing care facilities and assisted living facilities may renew the identification card by mail in accordance with subsection (e) of this section. Every identification card is renewable upon application and payment of the required fee. As used in this section, "last known address" means the address, email address or other electronic contact information, as applicable according to the sending method, on file with the division.
(e) A person who is a resident of a nursing home or assisted living facility may renew an identification card issued under this article without appearing in person, subject to all of the following:
(i) The person renewing the identification card:
(A) Is a full-time resident of a nursing care facility as defined by W.S. 35-2-901(a)(xvi) or an assisted living facility as defined by W.S. 35-2-901(a)(xxii);
(B) Submits an application, the required fee and a notarized attestation as part of the application from an administrator or manager of the nursing care facility or assisted living facility that the person is a full-time resident of the facility;
(C) Furnishes all documentary evidence necessary to verify any material change to information listed on the original identification card.
(ii) No person shall be authorized to renew an identification card under this subsection if the person has renewed the card under this subsection two (2) times in the last sixteen (16) years unless the person's most recent photograph taken by the department of transportation is not more than sixteen (16) years old on the date of renewal;
(iii) No person shall renew an identification card under this subsection if the person is changing any of the personal identifying information on the identification card in accordance with W.S. 31-8-103(c).
Every applicant for an identification card shall pay ten dollars ($10.00) to the department plus an additional ten dollars ($10.00) for a digital identification card if applicable. This fee shall be waived if the applicant requests an identification card that shall be used only for voter identification purposes. The state treasurer shall credit identification card fees to the highway fund. Identification cards, including digital identification cards, issued as a result of the cancellation of a license under W.S. 31-7-122(a)(i) shall be issued without payment of any fee.
(a) No person shall:
(i) Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card;
(ii) Lend his identification card to any other person or knowingly permit its use by another;
(iii) Display or represent any identification card not issued to him as being his card;
(iv) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card. Possession and display of a digital identification card shall not be considered a violation of this section;
(v) Procure an identification card by false swearing, fraud or false statement of any kind or in any form.
(b) Any person who violates any provision of subsection
(a) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.
31-8-201. Issuance of identification card by insurers; information.
(a) Each insurer issuing the insurance policy required by W.S. 31-4-103 shall at the same time issue for each vehicle insured under the policy the identification card required under this section or issue temporary evidence of insurance valid for up to sixty (60) days after issue and issue the identification card required under this section within sixty (60) days. The identification card or valid temporary evidence of insurance shall be carried in the vehicle at all times. Temporary evidence of insurance shall contain:
(i) The name of the insurer;
(ii) The name of the insured;
(iii) A description of the vehicle including year, trade name and vehicle identification number.
(b) The identification card shall be in a form prescribed by the department and shall contain at least the following information:
(i) The name of the insurer;
(ii) The name of the insured;
(iii) The effective date of the coverage; and
(iv) A description of the vehicle including year, trade name and vehicle identification number.
(c) The identification card prescribed by this section may be carried by the insured in an electronic format if:
(i) The insured and the insurer both agree to the issuance of the card in electronic format; and
(ii) The electronic identification card contains the information required by this section.
(a) No person shall:
(i) Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained card;
(ii) Lend his identification card to another person for a fraudulent purpose;
(iii) Display or represent any identification card not issued to him as being his card.
(b) Any person who is convicted of violating this section, in addition to any other applicable penalty under W.S. 31-4-103, may be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.
31-8-203. Verification of insurance; enforcement by insurance commissioner.
(a) If the department has reason to believe a vehicle owner is not insured as required under W.S. 31-4-103, it may request an insurer to verify the existence of an automobile liability policy in a form approved by the department not later than twenty (20) days from the date the request is made. In addition, insurers shall cooperate with the department in establishing and maintaining the insurance verification system provided by W.S. 31-4-103(e), and shall provide access to motor vehicle insurance policy status information as provided in the department's rules and regulations.
(b) The insurance commissioner may order insurers to comply with W.S. 31-8-201, rules and regulations promulgated by the department under W.S. 31-8-201 and this section.
(a) As used in this act:
(i) Repealed by Laws 1991, ch. 241, § 4.
(ii) "Driver" means as defined by W.S. 31-5-102(a);
(iii) "Division" means the division within the department of transportation charged with administration and enforcement of this act;
(iv) "Judgment" means any judgment that is final without further appeal. The judgment shall have been rendered by a court of competent jurisdiction of any state or of the United States. The cause of action shall result from damages occurring from a motor vehicle accident and may relate to bodily injury or death of person, or to damage or to loss of property;
(v) "License" means any driver's license, instruction permit or temporary license issued under the laws of this state pertaining to the licensing of drivers;
(vi) "Motor vehicle" means as defined by W.S. 31-5-102(a);
(vii) "Nonresident" means every person who is not a resident of this state;
(viii) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this state;
(ix) "Operator" means every person who is in actual physical control of a motor vehicle;
(x) "Owner" means as defined by W.S. 31-5-102(a);
(xi) "Proof of financial responsibility" means evidence of ability to respond in damages for liability, resulting from accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident;
(xii) "Registration" means registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles;
(xiii) "State" means any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada;
(xiv) "This act" means W.S. 31-9-101 through 31-9-415.
(a) The administration of this act shall be exercised by the department of transportation which may prescribe forms and reasonable rules and regulations in conformity with this act. The administration of this act may be delegated by the department to the division.
(b) W.S. 31-7-105 and 31-7-130 apply to all suspensions under this act.
Any person whose registration is suspended under this act, or whose policy of insurance or bond, when required under this act, is cancelled or terminated, or who neglects to furnish other proof upon request of the division shall immediately return the registration to the division. If any person fails to return to the division the registration as required, the division shall direct any peace officer to confiscate and return the registration to the division.
(a) Any person willfully failing to return a registration as required in W.S. 31-9-105 shall be fined not more than seven hundred fifty dollars ($750.00).
(b) Any person who forges or, without authority, signs any notice provided for under W.S. 31-9-202 that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any notice or evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than six (6) months, or both.
(c) Any person who violates any provision of this act for which no penalty is otherwise provided shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than ninety (90) days, or both.
Nothing in this act shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
31-9-110. Providing proof of financial responsibility.
For purposes of this act, a person shall be considered to have provided and filed proof of financial responsibility whenever a search of the online insurance verification system or other verification system provides proof of financial responsibility.
31-9-202. Suspension of license and registration after accident report; exclusions and security requirements.
(a) Within thirty (30) days after receipt of an investigating officer's report of a motor vehicle accident within this state as required under W.S. 31-5-1106 through 31-5-1108 or after a demand for additional security under W.S. 31-9-207(b), the division shall with respect to each driver and motor vehicle involved in the accident, and except as provided in subsection (b) of this section, suspend:
(i) The Wyoming driver's license of each driver of a motor vehicle required to be registered in this state;
(ii) All Wyoming registrations of each owner whose motor vehicle is required to be registered in this state;
(iii) The nonresident driving privilege of each driver of a motor vehicle required to be registered in this state; and
(iv) The nonresident driving privilege of each owner of a motor vehicle required to be registered in this state.
(b) The suspension in subsection (a) of this section shall be imposed unless the driver, the owner or both file proof of financial responsibility.
(c) This section does not apply to:
(i) An owner if the owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident;
(ii) The driver, if not the owner of the motor vehicle, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;
(iii) The driver or owner whose liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or surety bond;
(iv) Any person qualifying as a self-insurer under W.S. 31-9-414; or
(v) The owner or driver, if a personal surety bond is filed with the division in an amount required by the division under this act with at least two (2) individual sureties each owning real estate within the state, which real estate shall be scheduled in the bond to be approved by a judge of the district court.
(d) No insurance policy or surety bond is effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if the motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond is not effective under this section unless the insurance company or surety company if not authorized to do business in this state executes a power of attorney authorizing the division to accept service on its behalf of notice or process in any action upon the policy or bond arising out of the accident. Every policy or bond shall be subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, to a limit of not less than fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident.
(e) Upon receipt of notice of the accident, the insurance company or surety company which issued the policy or bond shall furnish for filing with the division a written notice that the policy or bond was in effect at the time of the accident. This subsection does not apply to any person holding a motor carrier permit or certificate under W.S. 31-18-209 who furnishes proof of financial responsibility by filing a certificate of insurance under W.S. 31-9-402(a)(i) or a bond under W.S. 31-9-402(a)(ii) if the certificate or bond:
(i) Is a continuing certificate or bond;
(ii) Remains in full force and effect until cancelled; and
(iii) May not be cancelled until notice in writing of the cancellation has been on file with the division for thirty (30) days.
(a) The requirements as to security and suspension in W.S. 31-9-202 shall not apply:
(i) To the driver or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner;
(ii) To the driver or the owner of a motor vehicle legally parked at the time of the accident;
(iii) To the owner of a motor vehicle if at the time of the accident the vehicle was being driven without his permission, express or implied, or was parked by a person who had been driving the motor vehicle without permission;
(iv) If, prior to the date that the division would otherwise suspend license and registration or nonresident's operating privilege under W.S. 31-9-202, there shall be filed with the division satisfactory evidence that the person who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a warrant for confession of judgment, payable in installments as the parties have agreed, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.