§ 31-1-101. Definitions.

1. Except as otherwise provided, as used in this act:
   1. “Commercial vehicle” means any vehicle or vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit and shall include, but not be limited to:
      1. A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;
      2. A power unit having three (3) or more axles regardless of weight; or
      3. Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight.
   2. Repealed by Laws 1991, ch. 241, § 4.
   3. “Dealer” means a person regularly engaged in the business of having in his possession vehicles for sale or trade, or for use and operation for purposes pursuant to the business;
   4. “Department” means the department of transportation;
   5. “Factory price” means the manufacturer’s suggested retail price of the make, model and trim level of a vehicle, when new, but excludes federal excise taxes, the cost of transportation from the place of manufacture to the place of sale to the first user. The factory price shall not include the value of any assistive device. The factory price shall be determined from any current, nationally recognized price guide;
   6. “Fleet” means one (1) or more commercial vehicles each of which actually travels a portion of its total miles in Wyoming as designated by the department;
   7. “Gross vehicle weight” means the total weight of a vehicle or vehicle combination including the unladen weight of the vehicle or vehicle combination plus the maximum legal declared weight of the load to be carried in or on the vehicle or vehicle combination;
   8. “Highway” means the entire width between the boundary lines of every way publicly maintained or if not publicly maintained, dedicated to public use when any part is open to the use of the public for purposes of vehicular travel;
   9. “Identifying number” means the vehicle identification numbers and letters if any assigned by the manufacturer or by the department for the purpose of identifying a vehicle. The term shall include any numbers or letters assigned by the manufacturer for the purpose of identifying a part of a vehicle and any number placed on a part in accordance with this act or regulations of the commission for the purpose of identifying it;
   10. “Implement of husbandry” means sheep wagons, portable livestock loading chutes and every vehicle designed and used exclusively for agricultural operations and only incidentally operated or moved upon the highways but includes any trailer only when being towed by a farm tractor;
   11. “Interstate” means the transportation of persons or property between Wyoming and any other jurisdiction;
   12. “Intrastate” means the transportation of persons or property between points within Wyoming;
   13. “Jurisdiction” means the states, districts, territories or possessions of the United States, a foreign country and a state or province of a foreign country;
   14. “Legal owner” means all persons in whose name a valid certificate of title has been issued;
   15. “Motor vehicle” means every vehicle which is self-propelled except vehicles moved solely by human power, electric bicycles or motorized skateboards. The term includes the following vehicles as hereafter defined:
       1. “Antique” means any motor vehicle which is at least twenty-five (25) years old and owned solely as a collectors item;
       2. “Bus” means a motor vehicle designed to carry more than ten (10) passengers and primarily used to transport persons for compensation;
       3. “Moped” means a vehicle equipped with two (2) or three (3) wheels, foot pedals to permit muscular propulsion by human power, an automatic transmission and a motor with cylinder capacity not exceeding fifty (50) cubic centimeters producing no more than two (2) brake horsepower, which motor is capable of propelling the vehicle at a maximum speed of no more than thirty (30) miles per hour on a level road surface. “Moped” does not include an electric bicycle;
       4. “Motor home” means a motor vehicle designed, constructed and equipped as a dwelling place, living abode or sleeping place either permanently or temporarily, but excluding a motor vehicle carrying a camper;
       5. “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but which may have attached thereto a sidecar for the purpose of transporting a single passenger. For the purpose of registration and titling “motorcycle” includes motorized bicycles and scooters, but excludes mopeds, motorized skateboards, multipurpose vehicles, electric bicycles and off-road recreational vehicles as defined in subparagraph (K) of this paragraph;
          1. and (II) Repealed by Laws 2007, ch. 34, § 2.
       6. “Passenger car” means a motor vehicle designed to carry ten (10) persons or less and primarily used to transport persons, including ambulances and hearses but excluding motorcycles, motor homes, multipurpose vehicles, trucks and school buses;
       7. “Pedestrian vehicle” means any self-propelled conveyance designed, manufactured and intended for the exclusive use of persons with a physical disability, but in no case shall a pedestrian vehicle:
          1. Exceed forty-eight (48) inches in width.
          2. and (III) Repealed by Laws 1989, ch. 155, § 2.
       8. “School bus” means a motor vehicle that is owned by, leased to or registered to a public school district, a private school or a carrier under contract to a public or private school and is used to transport children to or from school or in connection with school activities and is designed for and capable of carrying twelve (12) or more passengers, but not including buses operated by common carriers in transportation of school children;
       9. “Truck” means a motor vehicle designed, used or maintained for the transportation of property, including pickup trucks but excluding multipurpose vehicles and passenger cars;
       10. “Off-road recreational vehicle” means:
           1. A recreational vehicle primarily designed for off-road use that is fifty (50) inches or less in width measured from the outside of one (1) tire rim to the outside of the opposite tire rim and that has an unladen weight of one thousand one hundred (1,100) pounds or less;
           2. Any motorcycle not required by law to be licensed that has an unladen weight of six hundred (600) pounds or less, is designed to be ridden off-road with the operator astride upon a seat or saddle and travels on two (2) tires; and
           3. Any multi-wheeled motorized vehicle not required by law to be licensed and is designed for cross-country travel on or over land, sand, snow, ice or other natural terrain and which has an unladen weight of more than nine hundred (900) pounds.
       11. “Multipurpose vehicle” means a motor vehicle that is designed to travel on at least four (4) wheels in contact with the ground, has an unladen weight of at least three hundred (300) pounds but less than three thousand (3,000) pounds, has a permanent upright seat or saddle for the driver which is mounted at least twenty-four (24) inches from the ground and has an identifying number. “Multipurpose vehicle” includes off-road recreational vehicles, electric powered vehicles, golf carts when being used other than as provided in W.S. 31-5-102(a)(lxi)(E) and any motor vehicle meeting the criteria of this subparagraph and not otherwise defined in this section;
       12. “Street rod” means a motor vehicle that:
           1. Is a 1948 or older vehicle, or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
           2. Has been altered from the manufacturer’s original design, or has a body constructed from nonoriginal materials.
       13. “Custom vehicle” means any motor vehicle that:
           1. Is at least twenty-five (25) years old and of a model year after 1948, or was manufactured to resemble a vehicle at least twenty-five (25) years old and of a model year after 1948; and
           2. Has been altered from the manufacturer’s original design, or has a body constructed from nonoriginal materials.
       14. “Pickup truck” means any motor vehicle, excluding multipurpose vehicles and passenger cars, designed, used or maintained for the transportation of property with an attached open cargo box directly behind the passenger compartment and designed to be equipped with a tailgate which can be lowered or opened to load or unload property or cargo;
       15. “Autocycle” means a three wheeled motor vehicle with two (2) wheels in the front, fully or partially enclosed, with automotive controls and safety belts.
   16. “Nonresident” means a person not a resident;
   17. “Odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation, other than any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips;
   18. “Owner” means:
       1. The legal owner as defined by W.S. 31-1-101 (a)(xiv); or
       2. A person, other than a lienholder, who leases a vehicle and is entitled to lawful use and possession of a vehicle subject to a security interest in another person but excluding a lessee under a lease not intended as security.
   19. “Physical disability” means any bodily impairment which precludes a person from walking or otherwise moving about easily as a pedestrian;
   20. “Rental vehicle” means a vehicle which is rented or offered for rental without a driver for a period of thirty-one (31) days or less;
   21. “Resident” for the purposes of this act and unless otherwise exempt, means any one (1) of the following:
       1. Any person, except a full-time student at the University of Wyoming or a Wyoming community college or a daily commuter from another jurisdiction which exempts vehicles of daily commuters from Wyoming from registration under a reciprocity agreement, who is gainfully employed or engages in any trade, profession or occupation within this state and owns, leases or rents a place of residence or otherwise lives within Wyoming for the purpose of employment or, regardless of domicile or any other circumstance, remains in the jurisdiction for a period of one hundred twenty (120) days or more; or
       2. Any person immediately upon filing a homestead or military tax exemption on property in this state; or
       3. Any person, partnership, company, firm, corporation or association which maintains a main or branch office or warehouse facility within Wyoming or which bases and operates motor vehicles in Wyoming; or
       4. Any individual, partnership, company, firm, corporation or association which operates motor vehicles in intrastate haulage in Wyoming; or
       5. Any person, immediately upon the date of registering to vote in Wyoming; or
       6. Any person, immediately upon the date of application for public assistance from this state; or
       7. Any person, immediately upon purchasing or holding a valid Wyoming resident hunting or fishing license.
   22. “This act” means W.S. 31-1-101 through 31-4-104 ;
   23. “Trailer” means a vehicle without propelling power designed to be drawn by a motor vehicle, but excludes converter gear, dollies and connecting mechanisms. The term includes the following vehicles as hereafter defined:
       1. “House trailer” means every trailer which is:
          1. Designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily;
          2. Equipped for use as a conveyance on streets and highways; and
          3. Eight and one-half (8 1/2) feet or less in width, excluding appurtenances, or more than eight and one-half (8 1/2) feet in width and used primarily as a mobile laboratory or mobile office.
       2. “Semitrailer” means a trailer so designed and used in conjunction with a motor vehicle that some part of its weight and that of its load rests upon or is carried by another vehicle, but excludes converter gear, dollies and connecting mechanisms;
       3. “Utility trailer” means any trailer less than six thousand (6,000) pounds gross vehicle weight.
   24. “Transportable home” means and includes the following as defined:
       1. “Modular home” means a residential dwelling constructed in a factory to a residential construction code other than the Federal Manufactured Home Construction and Safety Standards;
       2. “Prebuilt home” means any residential dwelling that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site. Prebuilt home shall include, but not be limited to, a manufactured home, modular home and mobile home; or
       3. “Manufactured home” means a residential dwelling built in accordance with the Federal Manufactured Home Construction and Safety Standards which is a unit more than eight and one-half (8 1/2) feet in width which is designed, constructed and equipped as a dwelling place, living abode or place of business to which wheels may be attached for movement upon streets and highways except a unit used primarily as a mobile laboratory or mobile office.
   25. “Unladen weight” means the actual weight of a vehicle including the cab, body and all accessories with which the vehicle is equipped for normal use on the highways excluding the weight of any load. The unladen weight of vehicles mounted with machinery or equipment not normally designed for the vehicle and not used for the transportation of property other than the machinery or equipment is three-fourths (3/4) of the gross weight of the vehicle;
   26. “Vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a highway, excluding devices moved by human power or used exclusively upon rails or tracks, implements of husbandry, machinery used in construction work not mainly used for the transportation of property over highways and pedestrian vehicles while operated by a person who by reason of a physical disability is otherwise unable to move about as a pedestrian;
   27. “Vehicle identification number or VIN” means the numbers and letters, if any, designated by the department for the purpose of identifying the vehicle or the unique identifier assigned to each vehicle by the manufacturer pursuant to regulations;
   28. “U-Drive-It vehicle” means a vehicle which is rented or offered for rental without a driver for a period of thirty-one (31) days or less, including consumer rental trucks and trailers used to transport personal property and effects, but not including:
       1. Trucks and trailers used to transport commercial freight;
       2. Trailers rented from an agency that does not also offer motor vehicles for rental.
   29. “Motorized skateboard” means a self-propelled device which has a motor or engine, a deck on which a person may ride and at least two (2) wheels in contact with the ground and which is not otherwise defined in this act as a “motor vehicle”, “motorcycle”, “electric bicycle”, “motor-driven cycle” or “pedestrian vehicle”;
   30. “Annual registration month” means:
       1. For a vehicle currently registered in this state, the month in which the registration expires;
       2. For a newly acquired vehicle, the month of acquisition;
       3. For any other vehicle, the month in which the vehicle was initially required to be registered in this state;
       4. For dealer demo, full use and manufacturer license plates, the month in which the dealer’s certificate was issued.
   31. “Full-time student” means, for the purpose of this act: a person who attends the University of Wyoming, community college or any school licensed in this state offering post secondary education on a full-time basis, as defined by the University of Wyoming, community college or any other post secondary school licensed in this state;
   32. “Special equipment” includes any equipment not included in the manufacturer’s suggested retail price and not required for the operation of a vehicle upon a highway, but that is attached to the vehicle during the period for which registration is issued and used for a business or other purpose;
   33. “Assistive device” means any nonstandard item, equipment, product, system or vehicle modification installed in or on a vehicle and designed to maintain or improve the functional capabilities of a person with a disability. “Assistive device” includes, without limitation, wheelchair lifts, hand or arm controls, pedal extensions, special seating, vehicle kneeling systems and wheelchair securement systems;
   34. “Electric bicycle” means a bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the rider’s use and an electric motor of less than seven hundred fifty (750) watts that meets the requirements of one (1) of the following three (3) classes:
       1. “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour;
       2. “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used to propel the bicycle without pedaling and that is not capable of providing assistance when the bicycle reaches a speed of twenty (20) miles per hour;
       3. “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour.

History. Laws 1984, ch. 47, § 3; 1985, ch. 183, § 1; 1986, ch. 88, § 2; 1987, ch. 203, § 1; 1989, ch. 70, § 1; ch. 129, § 1; ch. 155, § 2; 1991, ch. 8, § 1; ch. 241, §§ 3, 4; 1992, ch. 9, § 1; 1993, ch. 98, § 1; 1995, ch. 114, § 1; 1998, ch. 46, § 1; ch. 71, § 1; 1999, ch. 123, § 1; ch. 132, § 1; 2002 Sp. Sess., ch. 12, § 2; ch. 84, § 1; 2007, ch. 34, § 1, 2; 2009, ch. 16, § 2; ch. 46, § 2; ch. 128, § 2; 2011, ch. 9, § 1; ch. 31, § 1; 2013, ch. 74, § 1; 2017, ch. 165, § 1; 2019, ch. 95, § 2; 2020, ch. 84, § 1; 2021, ch. 34, § 2.

The 2007 amendment, effective January 1, 2008, in (a)(xv), amends this section by inserting “multipurpose vehicles,” in (E), (F) and (J); deleting the last sentence which related to a recreation vehicle primarily designed for off road use and unladen weight restrictions in (E); adding (M), repealing (a)(xv)(E)(I) and (II) which related to the definition of “motorcycle”; and making stylistic and related changes.

The 2009 amendments. —

The first amendment, by ch. 16, § 2 and ch. 128, § 2, effective January 1, 2010, both added “for a period of thirty-one (31) days or less” in (a)(xx); rewrote (a)(xxviii) which read: “‘U-Drive-It motor vehicle’ means a motor vehicle which is rented or offered for rental without a driver and is designed to carry ten (10) persons or less, including consumer rental trucks used to transport personal property and effects, but not including trucks used to transport commercial freight;” inserted “as defined by W.S. 31-1-101(a)(xiv)” in (a)(xviii)(A); and in (a)(xviii)(B), substituted “who leases a vehicle and is” for “having the property in or title to a vehicle including a person” and inserted “lawful;” and Laws 2009, ch. 16, § 2, rewrote (a)(v) deleting “ninety percent (90%) of” following “means,” deleting the language regarding improvements and modifications to vehicles and reference to “W.S. 31-2-213(d),” and added “The factory price shall be determined from any current, nationally recognized price guide” at the end; substituted “any” for “a” in (a)(x); substituted “all persons” for “the person” in (a)(xiv); inserted “trucks” in (a)(xv)(F); added “and passenger cars” at the end of (a)(xv)(J); added (a)(xv)(P); rewrote (a)(xxi) by rewriting the introductory language, which read: “Resident means.”; inserting language regarding daily commuter from another jurisdiction and exemptions in (a)(xxi)(A); in (a)(xxi)(B), deleting language regarding daily commuter from another jurisdiction and exemptions, and adding “immediately upon filing a homestead or military tax exemption on property in this state” at the end; and adding (a)(xxi)(E) through (a)(xxi)(G); and inserted (a)(xxviii)(A) and (a)(xxviii)(B); added (a)(xxx) through (a)(xxxii); and made stylistic changes.

The second amendment, by ch. 46, § 2, effective July 1, 2010, added (a)(xv)(N) and (a)(xv)(O).

The 2011 amendments. —

The first 2011 amendment, by ch. 9, § 1 effective July 1, 2011, in (a)(xv)(K)(I), substituted “one thousand one hundred (1,100)” for “nine hundred (900),” deleted “and is designed to be ridden astride upon a seat or saddle and to travel on at least three (3) low pressure tires. A ‘low pressure tire’ is a pneumatic tire at least six (6) inches in width, designed for use on wheels with a rim diameter of twelve (12) inches or less and having a manufacturer's recommended operating pressure of ten (10) pounds per square inch or less” at the end, and made stylistic changes.

The second 2011 amendment, by ch. 31, § 1, effective July 1, 2011, in (a)(xv)(H), inserted “a private school or a carrier under contract to a public or private school,” deleted “or buses owned by a community college or the University of Wyoming” at the end, and made related changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2013 amendment, effective July 1, 2013, added the second sentence in (a)(v); and added (a)(xxxiii).

The 2017 amendment, added (a)(Q).

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2019 amendment, effective July 1, 2019, in the introductory language in (a)(xv), added “electric bicycles,” in (a)(xv)(C), added “ ‘Moped’ does not include an electric bicycle,” in (a)(xv)(E), added “electric bicycles,” in (a)(xxix), added “ ‘electric bicycle’,” added (a)(xxxiv), and made related changes.

The 2020 amendment, in (a)(xv)(K)(I) substituted “off-road use that” for “off-road use which” and “in width measured from the outside of one (1) tire rim to the outside of the opposite tire rim and that has” for “in width and has.”

Laws 2020, ch. 84, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2020.

The 2021 amendment , effective July 1, 2021, in (a)(xv)(K)(II), deleted "unlicensed" following "Any," substituted "not required by law to be licensed that" for "which," deleted "and" preceding "is designed"

Editor's notes. —

Laws 2009, ch. 16, § 2, created subsection (a)(xv)(N). It has been redesignated as (a)(xv)(P) at the direction of the Legislative Service Office.

There is no subparagraph (a)(xv)(I), (a)(xv)(L), or subsection (b) in this section as it appears in the printed acts.

Registration of off-road vehicles. —

Laws 1986, ch. 88, § 3, provides that no “off-road recreational vehicle,” as defined in subsection (a)(xv)(K), shall be registered by a county treasurer after March 31, 1986.

Definition of “highway.” —

The term “highway” included the roadways within the mobile home park where the roads were not closed to the public, members of the public could drive into and around the park, and mail delivery and other services, including patrol by law enforcement, were provided to the tenants via the roadways; the intention to allow the public to use those roads for vehicular travel had been clearly established and the public had exercised its ability to use those roads by traveling on them in their vehicles. McClean v. State, 2003 WY 17, 62 P.3d 595, 2003 Wyo. LEXIS 16 (Wyo. 2003).

“House trailer.” —

Double-wide, metal and wood framed home was not a “house trailer” within meaning of subdivision (a)(xxiii) of this section. Hutchison v. Hill, 3 P.3d 242, 2000 Wyo. LEXIS 69 (Wyo. 2000).

“Gift”. —

Ownership of a truck that was involved in an accident passed from an electric company's owner to a donee via an inter vivos gift in January 2008, and before appellant was injured in March 2008. Because the company no longer owned the truck and it was no longer covered under the insurer's policy, the district court did not err when it determined that the insurer did not have to cover appellant's injuries. Mendenhall v. Mt. W. Farm Bureau Mut. Ins. Co., 2012 WY 46, 274 P.3d 407, 2012 Wyo. LEXIS 48 (Wyo. 2012).

Cited in

Ayres v. State, 718 P.2d 905, 1986 Wyo. LEXIS 548 (Wyo. 1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Products liability: forklift trucks, 95 ALR3d 541.

What constitutes farm vehicle, construction equipment, or vehicle temporarily on highway exempt from registration as motor vehicle, 27 ALR4th 843.

Uninsured motorist insurance: injuries to motorcyclist as within affirmative or exclusionary terms of automobile insurance policy, 46 ALR4th 771.

What is “temporary” building or structure within meaning of restrictive covenant, 49 ALR4th 1018.

State regulation of motor vehicle rental (“you-drive”) business, 60 ALR4th 784.

Products liability: all-terrain vehicles (ATV's), 83 ALR4th 70.

Validity, construction and effect of statutes or ordinances forbidding automotive “cruising” — practice of driving repeatedly through loop of public roads through city, 87 ALR4th 1110.

§ 31-1-201. General administrative procedures.

1. The department shall provide for the administration and enforcement of this act by its divisions. The department has supervisory jurisdiction over the levy and collection of fees and taxes levied by this act and shall promulgate rules and regulations consistent with the provisions hereof as provided by the Wyoming Administrative Procedure Act necessary to the enforcement of the fee and taxation provisions of this act.
2. The department shall adopt a seal for the use of the department or any division designated to enforce this act. The department and such employees of the department as it may designate shall prepare under the seal of the department or division and deliver upon request a certified copy of any public record of the department and may charge a reasonable fee therefor to be credited to the state general fund.
3. Officers and employees of the department designated by the department, county clerks and treasurers and their deputies and employees may administer oaths without fee for the purposes of this act.
4. The department shall prescribe and provide suitable forms of applications, registration cards and all other forms necessary to carry out the provisions of this act subject to the requirements of this act and shall promulgate rules and regulations consistent with the provisions hereof as provided by the Wyoming Administrative Procedure Act necessary to the enforcement of the fee and taxation provisions of this act. The department shall promulgate rules and regulations permitting any person aggrieved by any final administrative decision of the department including the payment of any fees and taxes to appeal to the office of administrative hearings pursuant to W.S. 9-2-2202 . The department shall provide, at cost, suitable certificate of title forms to county clerks.
5. The department, county clerks and treasurers shall examine and determine the genuineness, regularity and legality of every application submitted to them, may make such investigations of applications as may be deemed necessary or require additional information, and may reject any application if not satisfied of the genuineness, regularity, or legality thereof or the truth of any statement contained therein, or for any other reason when authorized by law.
6. The department may revoke any vehicle registration, certificate of title, or other authorization when the holder thereof commits fraud or knowingly provides false information on any application or in any process to obtain vehicle registration, certificate of title or other authorization, or is not entitled thereto or for violation of this act following notice and hearing pursuant to the Wyoming Administrative Procedure Act. Following revocation any peace officer, department investigator or special enforcement officer designated by the director to do so upon request by the department shall seize and take possession of the registration card, certificate of title, dealer’s certificate, license plates or authorization and return the items to the department within five (5) business days.
7. Repealed by Laws 2009, ch. 16, § 4.

History. Laws 1984, ch. 47, § 3; 1991, ch. 241, § 3; 2001, ch. 12, § 1; 2009, ch. 16, §§ 2, 4.

The 2009 amendment, effective January 1, 2010, Laws 2009, ch. 16, §§ 2 and 4, deleted “subject to subsection (g) of this section” preceding “promulgate rules” in (a) and (d); rewrote (f), which read: “The department may revoke any vehicle registration, certificate of title, or other authorization when the holder thereof is not entitled thereto or for violation of this act following notice and hearing. Following revocation any peace officer upon request shall seize and take possession of the registration card, certificate of title, dealer's certificate, license plates or authorization.”; and repealed former (g) pertaining to rules and regulations promulgated by the department establishing collection of fees and taxation.

Cross references. —

As to review of administrative action, see Rule 12, W.R.A.P.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Applied in

Drake v. State ex rel. Dep't of Revenue & Taxation, 751 P.2d 1319, 1988 Wyo. LEXIS 35 (Wyo. 1988).

§ 31-1-202. Records.

1. County treasurers shall keep and maintain a permanent record of vehicle registrations. All applications and records other than the record of vehicle registrations may be destroyed by the treasurer after two (2) years from December 31 of each year.
2. County clerks shall keep and maintain a record in which all certificates of title shall be recorded at the time of issue and which is open to inspection by the public during reasonable office hours.
3. Within three (3) business days after issuance of a vehicle registration or certificate of title, county treasurers and county clerks shall forward a record thereof to the department. County treasurers shall notify the department and sheriff of his county of loss or mutilation of license plates.
4. The department shall maintain records of vehicle registrations from all counties indexed by distinctive vehicle numbers assigned by the department, the name of the registered owner and vehicle identification numbers. The department shall maintain a record of all vehicle certificates of title from all counties. Records are public and open to inspection by the public during reasonable office hours. The department shall maintain a vehicle identification number index of all vehicles for which certificates of title have been issued. Upon receipt of a notice of issuance of a certificate of title from any county clerk the department may destroy all records relating to former transfers of title to the vehicle and shall retain only the notice of issuance of the certificate of title in effect at any time. The department may annually compile and publish a list of all registered vehicles and supplements thereto which shall be furnished to Wyoming peace officers and the Wyoming office of homeland security without charge.
5. Records under this section shall be available to the public pursuant to current federal and state laws relative to the release of private information. Nothing in this section shall supersede federal law.

History. Laws 1984, ch. 47, § 3; 2009, ch. 16, § 2.

Cross references. —

As to duties of county treasurers with respect to registration generally, see § 31-2-201 .

As to emergency management program, see § 19-13-105 .

The 2009 amendment, effective January 1, 2010, Laws 2009, ch. 16, § 2, deleted “and other applications submitted to and authorizations issued by them pursuant to this act” at the end of the first sentence of (a); substituted “record in which” for “record book in which a record of” in (b); in the first sentence of (c), substituted “three (3) business days” for “seventy-two (72) hours” and “record” for “copy”; substituted “Wyoming office of homeland security” for “state director of civil defense” near the end of (d); and added (e).

Central filing office. —

It might be well for the legislature to consider the advisability of amending this section so as to provide for a central office of record for the filing of certificates of title of motor vehicles and security interests thereon, or certified copies thereof. Slates v. Commercial Credit Corp., 412 P.2d 444, 1966 Wyo. LEXIS 138 (Wyo. 1966) (decided prior to 1984 revision of this title).

§ 31-1-203. Special enforcement officers; summons and notice to appear for violations; deposit for appearance; disposition of deposit.

1. The department shall designate certain employees as special officers for the purpose of enforcing the provisions of motor vehicle laws and regulations.
2. Employees designated under subsection (a) of this section may issue summons for violations of W.S. 31-4-101 , 31-7-106 , 31-7-133 , 31-18-101 through 31-18-603 , 31-18-701 , 31-18-801 through 31-18-808 and 39-17-208 .
3. The employees designated under subsection (a) of this section upon issuing a summons shall deliver to the offender a notice to appear which shall describe the nature of the offense, with instructions for the offender to report to the nearest circuit court designated in the notice. The employee may accept a deposit for appearance. The court coordinator shall establish a uniform deposit for appearance schedule for each violation of the statutes set forth in subsection (b) of this section. If the employee accepts a deposit for appearance from the offender, he shall give a signed, numbered receipt for the amount received and shall write the receipt number on the notice to appear. The employee shall deliver the deposit and a copy of the notice to appear to the circuit court before whom the offender is to appear and the circuit court judge shall give a receipt to the employee for the amount of the deposit. The circuit court shall assume jurisdiction after filing of a complaint and appearance by the offender. If the offender fails to appear at the appointed time the deposit for appearance may be forfeited by order of the court and paid into the public school fund of the county.
4. The department may enter into mutual aid agreements with adjoining states to provide for the construction and joint operation of ports-of-entry located near the borders of the party states. A mutual aid agreement pursuant to this subsection may provide for the issuance of permits and the collection of highway user fees, registration fees, permit fees, fuel taxes or any other motor carrier fees that may be prescribed by law at a joint port-of-entry on behalf of the adjoining state. As a condition precedent to a written agreement becoming effective under this act, the agreement shall be submitted to and receive the approval of the attorney general and the governor.
5. A mutual aid agreement pursuant to subsection (d) of this section shall specify the following:
   1. Its duration, which shall be not more than four (4) years;
   2. The purpose of the agreement;
   3. The manner of financing the agreement and establishing and maintaining a budget therefor;
   4. The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
   5. Provision for administering the agreement;
   6. The manner of acquiring, holding and disposing of real and personal property used in the agreement;
   7. The minimum standards for port-of-entry employees implementing the provisions of the agreement;
   8. The respective liability of each party to the agreement for the actions of port-of-entry employees when acting under the provisions of the agreement;
   9. The minimum insurance, if any, required of each party to the agreement;
   10. The exact chain of command or delegation of authority to be followed by port-of-entry employees acting under the provisions of the agreement;
   11. The enforcement authority that the port-of-entry employee of each state may exercise;
   12. Any other necessary and proper matters.
6. A special enforcement officer, appointed under subsection (a) of this section may receive an appointment from an adjoining state and act on behalf of the adjoining state to enforce commercial vehicle and size and weight laws at a joint port-of-entry, as provided in a mutual aid agreement pursuant to subsection (d) of this section. A special enforcement officer with an appointment from an adjoining state, upon determining there is probable cause to believe a person is in violation of the commercial vehicle or size and weight laws of the adjoining state, may issue a summons to appear in the appropriate state court of the adjoining state. The summons shall command the person to appear in the court of the adjoining state where the violations occurred. A special enforcement officer shall not have the power to arrest any person on behalf of an adjoining state.
7. The department may appoint an out-of-state special enforcement officer to issue summons as provided in subsection (b) of this section at a joint port-of-entry located in an adjoining state, pursuant to a mutual aid agreement as provided in subsection (d) of this section.
8. Whenever port-of-entry employees of an adjoining state are performing duties pursuant to a mutual aid agreement pursuant to subsection (d) of this section, the employees shall have the same powers, duties, rights, privileges and immunities as comparable Wyoming port-of-entry employees as provided for in the agreement.

History. Laws 1984, ch. 47, § 3; 2000, ch. 24, § 4; ch. 48, § 2; 2001, ch. 25, § 1; 2004, ch. 42, § 1; 2007, ch. 113, § 1; 2008, ch. 44, § 1; ch. 69, § 1.

Cross references. —

As to enforcement duties of state highway patrol, see § 24-12-102 .

The 2004 amendment, in (c), deleted “justice of the peace or” preceding “circuit court” four times.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2007 amendment, effective July 1, 2007, added (d) through (h).

The 2008 amendment.

The first 2008 amendment, by ch. 44, § 1, deleted the former second sentence of (b) pertaining to various reporting requirements to the legislature and legislative committees.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The second 2008 amendment, by ch. 69, § 1, effective July 1, 2008, in (b), inserted “and 39-17-208 ” in the first sentence, and made a related change.

This section is set out as reconciled by the Wyoming legislative service office.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 31-1-204. Transportation information system account.

1. There is created the transportation information system account into which shall be deposited funds as provided by law. Earnings from funds in the account shall be credited to the account. Funds in the account are continuously appropriated to the department of transportation and shall only be expended to replace the revenue information system that was in use on July 1, 2020. Notwithstanding W.S. 9-2-1008 or 9-4-207 , unexpended funds in the account shall not revert without further action of the legislature.
2. The department of transportation may accept, and shall deposit in the transportation information system account, any gifts, contributions, donations, grants or federal funds designated for computer system modernization.

History. Laws 2021, ch. 152, § 1.

Effective date. —

Laws 2021, ch. 152, § 5, makes the act effective July 1, 2021.

§ 31-2-101. Required application; resident and nonresident applications.

1. Except as provided by W.S. 31-2-102 and pursuant to W.S. 31-1-101(a)(xxi)(A) through (G), any owner of a vehicle for which no Wyoming certificate of title has been issued to the owner or the transferee upon transfer of ownership of a vehicle for which a Wyoming certificate of title is required, shall apply for a certificate of title at the office of a county clerk, or if available, electronically, within the same time periods as required by W.S. 31-2-201(a)(ii) and (iii).
2. Any owner, owner’s agent or transferee upon transfer of ownership of any vehicle that has an identifying number pursuant to W.S. 31-1-101(a)(ix), including off-road recreational or multipurpose vehicles and, for the purpose of titling under this section, including snowmobiles and watercraft, shall apply for a certificate of title at the office of a county clerk.
3. Any nonresident person registered as a business entity under the laws of another state in the United States and who operates a vehicle in this state for business or commercial purposes for which no Wyoming certificate of title has been issued may apply for a certificate of title for that vehicle at the office of a county clerk, or if available, electronically.

History. Laws 1984, ch. 47, § 3; 1986, ch. 88, § 2; 2009, ch. 16, § 2; 2019, ch. 194, § 1; 2021, ch. 115, § 1.

Cross references. —

As to transfer of registration upon transfer of ownership, see § 31-2-214 .

The 2009 amendment, effective January 1, 2010, in (a), substituted “pursuant to W.S. 31-1-101(a)(xxi)(A) through (G)” for “subsection (b) of this section,” deleted “which will be operated on Wyoming highways and” following “owner of a vehicle” and added “or if available, electronically, within the same time periods as required by W.S. 31-2-201(a)(ii) and (iii)”; rewrote (b), which read: “Every owner or transferee upon transfer of ownership of an off-road recreational vehicle may apply for a certificate of title at the office of a county clerk.” and made stylistic changes.

The 2021 amendment, effective July 1, 2021, added "; resident and nonresident applications" in the section heading; and added (c).

Am. Jur. 2d, ALR and C.J.S. references. —

Products liability: all-terrain vehicles (ATV's), 83 ALR4th 70.

§ 31-2-102. Exemptions.

1. No certificate of title shall be issued for:
   1. Vehicles owned by the United States;
   2. Implements of husbandry, except multipurpose vehicles that qualify as implements of husbandry;
   3. Vehicles of nonresident owners titled in another state, except as authorized by W.S. 31-2-101(c);
   4. Repealed by Laws 2009, ch. 16, § 4.
   5. Repealed by Laws 1993, ch. 16, § 2.
   6. Repealed by Laws 2009, ch. 16, § 4.

History. Laws 1984, ch. 47, § 3; 1985, ch. 132, § 3; 1993, ch. 16, § 1; 1998, ch. 71, § 1; 2009, ch. 16, §§ 2, 4; 2021, ch. 115, § 1.

Cross references. —

As to vehicles exempt from registration, see § 31-2-201 .

The 2009 amendment, effective January 1, 2010, rewrote (a)(ii), which read: “Farm tractors”; deleted “If the vehicle is required to be registered in Wyoming, upon proper showing of the current registration in another state, the county clerk shall issue a special nontransferable certificate for registration purposes” at the end of (a)(iii); and repealed former (a)(iv), which read: “Utility trailers weighing one thousand (1,000) pounds or less unladen;” and former (a)(vi), which read: “Vehicles not required to be registered in Wyoming except as otherwise provided by law.”

The 2021 amendment , effective July 1, 2021, added ", except as authorized by W.S. 31-2-101(c)" in (a)(iii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-2-103. Contents of application; signature; vehicle identification number; issuance of certificate.

1. Applications  for paper certificates of title or electronic certificates of title,  if available, shall contain or be accompanied by:
   1. The name and  address of the owner, the manner in which  the ownership interest in the vehicle is to be held and  the person to whom the certificate of title is to be delivered;
   2. A description of the vehicle including make, vehicle identification number, type of body and motive power;
   3. If a new vehicle purchased from a properly licensed dealer in any other state or a properly licensed Wyoming new vehicle dealer, as defined by W.S. 31-16-101(a)(xviii)(A):
      1. The manufacturer’s certificate of origin indicating the date of sale to and the name of the first person receiving it from the manufacturer and a certification the vehicle was new when sold by the manufacturer, however, no person shall transfer ownership of a vehicle from a manufacturer’s statement of origin or a manufacturer’s certificate of origin unless the person is the manufacturer of the vehicle or a properly licensed dealer for that state and who holds a valid sales and service agreement from the manufacturer of the vehicle;
      2. Certification by the properly licensed dealer that the vehicle was new when sold to the applicant; and
      3. A statement from the dealer indicating the manufacturer’s suggested retail price (MSRP) for the make, model and trim level of the vehicle sold.
   4. Certification of applicant’s ownership and any liens or encumbrances upon the vehicle;
   5. The current title containing an assignment and warranty of title, if applicable, and an affidavit by the seller, either separate or contained on the current title, which shall contain a reference to the federal regulations stating that failure to complete or providing false information may result in fines and imprisonment and may include a department approved statement in substantially the following form: I state that the odometer now reads  _________ miles (no tenths) and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein unless one (1) of the following statements is checked: A. I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage is in excess of its mechanical limits; B. I hereby certify that the odometer reading is NOT the actual mileage. WARNING-ODOMETER DISCREPANCY, to be retained by the county clerk upon issuance of a new title. This paragraph shall not apply to vehicles not originally manufactured with an odometer;
   6. In the case of a vehicle registered or titled in a state other than Wyoming, or any homemade vehicle, rebuilt vehicle, reconstructed vehicle, any vehicle assembled from a kit or any vehicle for which a bond is required, a current statement made by a Wyoming law enforcement officer, or licensed Wyoming dealer only for vehicles in his inventory or possession, that the vehicle identification number on the vehicle has been inspected and that the inspection occurred in Wyoming and certifying the correct vehicle identification number displayed on the vehicle. Any licensed Wyoming dealer performing an inspection of a vehicle identification number under this section shall, in addition to the requirements of this act, do so pursuant to W.S. 31-11-108 . In the case of a vehicle not in Wyoming, the vehicle identification number may be inspected and certified on a form approved by the department if the inspection is made by an authorized law enforcement officer of a city, county or state law enforcement agency or a commissioned officer at a federal military installation or any other person authorized to do so by law and delivered to the county clerk in the county where the application for certificate of title is made along with payment for the inspection fee required under W.S. 31-3-102(b)(iv);
   7. Factory price, or in lieu thereof, the valuation as prescribed by W.S. 31-3-101(c);
   8. Repealed by Laws 2001, ch. 72, § 3.
   9. Such other  information as required by the department or county clerk which may  include a vehicle bill of sale that substantially conforms with the  form provided in W.S. 31-2-104(h)(ii), and any other documentation  necessary to verify proof of ownership including an affidavit for  proof of ownership or any surety bond required by this act. Any affidavit  for proof of ownership shall be prescribed pursuant to W.S. 31-1-201(d) and shall be utilized by each county of this state;
   10. A Wyoming certificate of title shall contain an appropriate notice whenever records readily accessible to the state indicate that the motor vehicle was previously issued a title or registration from any jurisdiction that bore any word or symbol signifying that the vehicle was “salvage”, “unrebuildable”, “parts only”, “scrap”, “junk”, “nonrepairable”, “reconstructed”, “rebuilt” or any other symbol or word of like kind, or that it has been damaged by flood. Any information concerning a motor vehicle’s status shall also be conveyed on any subsequent title issued for the vehicle by this state, including a duplicate or replacement title.
2. If the application for title is for a vehicle purchased from a properly licensed Wyoming dealer, the application may be signed by the dealer, include a statement of transfer by the dealer and of any lien retained by the dealer. Only a properly licensed Wyoming dealer may sign a statement of transfer.
3. If a vehicle to be titled has no vehicle identification number, the applicant shall apply for and obtain a number from the department pursuant to W.S. 31-11-105 .
4. Upon receipt  of an application and payment of fees any county clerk shall, if satisfied  that the applicant is the owner of the vehicle for which application  for certificate of title is made, issue a paper certificate of title  or electronic certificate of title, if available, upon a form or electronic  format, approved by and provided at cost to the county clerk by the  department in the name of the owner bearing the signature and seal  of the county clerk’s office. The county clerk shall not deliver  a certificate of title issued under this section until presentation  of a receipt for payment of sales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b).  If a lien is filed with respect to the vehicle, the county clerk shall,  within three (3) business days, deliver a copy of the filed lien and  a copy of the issued title to the financial institution and if available,  such delivery may be made electronically. Each paper certificate of  title or electronic version, shall bear a document control number  with county designation and certificate of title number. The title  shall be completely filled out giving a description of the vehicle  including factory price in a manner prescribed by the department,  indicate all encumbrances or liens on the vehicle and indicate the  date of issue. Certificates of title shall contain forms for assignment  of title or interest and warranty thereof by the owner with space  for notation of liens and encumbrances at the time of transfer on  the reverse side and contain space for the notarization of the seller’s signature for a sale  or transfer of title. Certificates of title are valid for the vehicle  so long as the vehicle is owned or held by the person in whose name  the title was issued. A certificate of title is prima facie proof  of ownership of the vehicle for which the certificate was issued.
5. Notwithstanding subsection (d) of this section, a person regularly engaged in the business of making loans or a supervised financial institution, as defined in W.S. 40-14-140(a)(xix), that repossesses a motor vehicle on which it has filed a lien shall not be liable for sales or use tax or for any penalties for nonpayment of the sales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b) prior to obtaining a title from the county clerk for that vehicle.
6. Notwithstanding subsection (d) of this section, an insurance company that acquires ownership of a motor vehicle pursuant to a damage settlement shall not be liable for sales or use tax or for any penalties for nonpayment of the sales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b) prior to obtaining a title from the county clerk for that vehicle.
7. Any Wyoming law enforcement officer who determines from a physical inspection that the vehicle identification number has been removed, changed, altered or obliterated for any reason, shall proceed pursuant to W.S. 31-11-111 , unless the vehicle is in the process of obtaining a state assigned number pursuant to W.S. 31-11-105 .

History. Laws 1984, ch. 47, § 3; 1985, ch. 183, § 1; 1992, ch. 7, § 1; 1994, ch. 52, § 1; 1995, ch. 91, § 1; 1996, ch. 104, § 1; 1998, ch. 5, § 2; 2001, ch. 72, §§ 2, 3; 2003, ch. 31, § 1; 2009, ch. 16, § 2; 2019, ch. 194, § 1.

Cross references. —

As to enforcement and perfection of security interests in vehicles and motor vehicles, see §§ 34.1-9-203 and 34.1-9-303.

The 2009 amendment, effective January 1, 2010, in the introductory language of (a), inserted “paper” and “or electronic certificates of title, if available”; rewrote the introductory language of (a)(iii), which read: “If a new vehicle purchased from a licensed dealer in any state”; added “however, no person shall transfer ownership of a vehicle from a manufacturer's statement of origin or a manufacturer's certificate of origin unless the person is the manufacturer of the vehicle or a properly licensed dealer for that state and who holds a valid sales and service agreement from the manufacturer of the vehicle” in (a)(iii)(A); inserted “properly licensed” in (a)(iii)(B); and added (a)(iii)(C); in (a)(v), substituted “may include a department approved statement in substantially the following form” for “include the following statement”; and added “This paragraph shall not apply to vehicles not originally manufactured with an odometer” at the end; rewrote (a)(vi), inserting “or any homemade vehicle, rebuilt vehicle, reconstructed vehicle, any vehicle assembled from a kit or any vehicle for which a bond is required” and “only” in the first sentence; inserting the second sentence; substituting “approved” for “prescribed” and “or any other person authorized to do so by law” for “and the form is duly notarized”; and deleting the former last two sentences pertaining to certificate of title or registration of a vehicle; rewrote (a)(ix), which read: “Such other information as required by the department or county clerk”; added (a)(x); in (b), deleted “new” preceding “vehicle” and inserted “properly” twice; added “pursuant to W.S. 31-11-105 ” in (c); rewrote (d), to include language regarding electronic format, and substituted “within three (3) business days” for “immediately”; added (g); and made stylistic changes.

The 2019 amendment, effective January 1, 2020, in the introductory language in (a), substituted “shall contain” for “shall be under oath and contain,” in (a)(i), added “the manner in which the ownership interest in the vehicle is to be held” following “owner,” and in (a)(ix), substituted “include a vehicle bill of sale that substantially conforms with the form provided in W.S. 31-2-104(h)(ii), and any other documentation” for “include but not be limited to a vehicle bill of sale or similar document, any documentation”; and in (d), substituted “notarization of the seller’s signature for a sale” for “notarization of a sale.”

Editor’s notes. —

Laws 2019, ch. 194, § 2, provides: “This act applies to certificates of title and bills of sale issued on or after January 1, 2020.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

Issuance of certificate deemed governmental function. —

The issuance of a certificate of title to a motor vehicle by a county clerk, pursuant to this section, is a governmental function. Denver Buick v. Pearson, 465 P.2d 512, 1970 Wyo. LEXIS 157 (Wyo. 1970).

Uniform Commercial Code governs priority questions. —

The district court erred when it relied on the motor vehicle registration code rather than the Uniform Commercial Code (title 34.1) in determining whether a purchaser's claim was subject to the bank's prior lien and security interest. This chapter sets out the procedure for noting a lien on a title but does not resolve priority claims; the Uniform Commercial Code governs priority questions. Franklin v. First Nat'l Bank, 848 P.2d 775, 1993 Wyo. LEXIS 46 (Wyo. 1993).

Immunity of county clerk. —

The county clerk is cloaked with the same immunity as the county would have when the county clerk performs the statutory duty of issuing a certificate of title. Denver Buick v. Pearson, 465 P.2d 512, 1970 Wyo. LEXIS 157 (Wyo. 1970).

Gift. —

Ownership of a truck that was involved in an accident passed from an electric company's owner to a donee via an inter vivos gift in January 2008, and before appellant was injured in March 2008. Because the company no longer owned the truck and it was no longer covered under the insurer's policy, the district court did not err when it determined that the insurer did not have to cover appellant's injuries. Mendenhall v. Mt. W. Farm Bureau Mut. Ins. Co., 2012 WY 46, 274 P.3d 407, 2012 Wyo. LEXIS 48 (Wyo. 2012).

Law reviews. —

For article, “Automobiles — Chattel Mortgages — Recording,” see 3 Wyo. L.J. 92.

For article, “Wyoming Adopts the ‘1972 Amendments’ to Uniform Commercial Code Article 9 — The Revisions and Some Continuing Problems,” see XIX Land & Water L. Rev. 581 (1984).

§ 31-2-104. Transfer of ownership.

1. Except as otherwise  provided in this section, the owner of a vehicle who sells or transfers  his interest in a vehicle for which a certificate of title has been  issued shall endorse an assignment and warranty of title upon the  certificate for the vehicle with a statement of all liens and encumbrances  thereon, which assignment, warranty and statement shall be signed and dated by the owner before a notarial officer  and acknowledged thereby in the manner provided by law, to be dated  and delivered to the transferee at the time of delivering the vehicle.  Except as provided in subsection (b) of this section, the transferee  shall present the certificate to a county clerk and apply for a new  certificate of title within the same time periods as required by W.S. 31-2-201(a)(ii).
   1. through (iii) Repealed by Laws 2003, ch. 33, § 2.
2. If the transferee is a licensed dealer who holds the vehicle for resale, procures the certificate of title from the transferor and operates the vehicle only for demonstration purposes under dealer license plates, the dealer is not required to obtain a new certificate of title but may transfer the vehicle by an assignment and warranty of title upon the certificate of title or department approved statement of transfer form and deliver the certificate to a subsequent transferee.
3. In the event of a transfer by operation of law of any interest in a vehicle as upon an order in bankruptcy or insolvency, execution sale, repossession upon default in the performance of the terms of a lease or sales contract or otherwise than by voluntary act of the person whose title or interest is transferred, the administrator, receiver, trustee, sheriff, creditor or other representative or successor in interest of the person whose interest is transferred shall forward to the county clerk an application for a certificate of title together with a verified or certified statement of the transfer of interest. The statement shall set forth the reason for the involuntary transfer, the interest transferred, the name of the transferee, the process or procedure effecting the transfer and other information requested by the county clerk. Evidence and instruments otherwise required by law to effect a transfer of legal or equitable title to or an interest in a vehicle in such cases shall be furnished with the statement. If a transfer of title to a creditor is accomplished in accordance with the provisions of this subsection, a creditor retains the right to seek any deficiency balance which may exist after sale, provided the creditor has complied with all applicable law, and the transfer by itself shall not be considered a strict foreclosure or an election to retain the collateral in satisfaction of an obligation as provided by W.S. 34.1-9-620 and does not affect the debtor’s right to redeem the collateral under W.S. 34.1-9-623. If from the records of the county clerk there appears to be any lien on the vehicle which was recorded prior to the lien of the creditor applying for title and which has not been released, the certificate of title shall contain a statement of the lien. The creditor repossessing and applying for title to the vehicle shall notify all persons holding liens on the vehicle by certified mail return receipt requested at least fifteen (15) days prior to filing the application for title. Any proceeds from the sale, lease or other disposition of the vehicle shall be distributed in accordance with the provisions of W.S. 34.1-9-608.
4. Repealed by Laws 2003, ch. 33, § 2.
5. Repealed by Laws 2001, ch. 72, § 3.
6. Any person knowingly providing false or incomplete information on any statement required by this act is guilty of a misdemeanor and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.
7. Repealed by Laws 2009, ch. 16, § 4.
8. The requirement under subsection (a) of this section to deliver a certificate of title to a transferee at the time the vehicle is delivered does not apply to a transferor if:
   1. The certificate  of title is being held by a bank or other financial institution on  the date the vehicle is delivered. The transferor shall then deliver  to the transferee a dealer’s invoice or a signed bill of sale, in substantially  the form specified in paragraph (ii) of this subsection, and the certificate  of title shall be delivered to the transferee within thirty (30) days  from the date of the sale; or
   2. The transferor is an auctioneer of vehicles and transfers the vehicle in the course of his business as an auctioneer of vehicles or through an auctioneer of vehicles. The transferor or auctioneer shall then deliver the certificate of title to the transferee within thirty (30) days of the date of sale and shall deliver to the transferee at the time the vehicle is delivered a signed, bill of sale in substantially the following form:

      VEHICLE BILL OF SALE I, (PRINTED NAME OF TRANSFEROR OR AUCTIONEER), on (date), hereby sell and convey all (my interest the interest of (name of current owner)) in the following described vehicle: (COLOR, YEAR, MAKE, MODEL, VEHICLE IDENTIFICATION NUMBER) to (PRINTED NAME OF TRANSFEREE) in exchange for: (sales price). I hereby state that the certificate of title for the above described vehicle is held by (PRINTED NAME OF TRANSFEROR-VEHICLE AUCTIONEER, BANK OR OTHER FINANCIAL INSTITUTION) and that within thirty (30) days, (PRINTED NAME OF TRANSFEREE) will be provided a properly executed title free of all liens for the vehicle unless otherwise specified in this bill of sale. I certify (or declare) under penalty of perjury under the laws of the State of Wyoming that the contents of this document are true and correct. DATE: (TRANSFEROR'S OR AUCTIONEER'S SIGNATURE) (TRANSFEROR’S OR AUCTIONEER’S ADDRESS, PHONE NUMBER AND DRIVER’S LICENSE, IDENTIFICATION OR DEALER NUMBER)

      Click to view

9. If a vehicle is held by two (2) or more persons as joint tenants with right of survivorship clearly stated on the certificate of title, following the death of one (1) of the joint owners a surviving owner may apply to a county clerk for a new certificate of title in the name of the survivor or, if more than one (1) owner survives, jointly in the names of the survivors. The application for a new certificate of title shall be accompanied by a certified copy of the death certificate of the deceased owner. The county clerk shall issue the new certificate of title as provided in W.S. 31-2-103(d), except that no sales or use tax shall be due when obtaining a certificate of title pursuant to this subsection.
10. Notwithstanding the provisions of subsection (j) of this section, the surviving owner or owners of a vehicle held by joint tenants with the right of survivorship may transfer ownership without first obtaining a title in the name of the surviving owner or owners by complying with the requirements of subsection (a) of this section and providing the transferee with a certified copy of the death certificate of the deceased owner. Any applicable sales or use tax shall be paid pursuant to W.S. 39-15-107(b) or 39-16-107(b).
11. If a motor vehicle is held by two (2) or more persons,  any person identified as an owner on the certificate of title shall  have the right to transfer all interest in the vehicle without the  signature of any other owner on the title unless:
    1. The title states the vehicle is held in joint tenancy  with right of survivorship or tenancy by the entirety;
    2. The title states the vehicle is held by coowners in  the conjunctive, by the use of the word “and” or other  similar language, in which event transfer shall require the signature  of each coowner;
    3. A transfer of all interests in the vehicle by an owner  without the signature of any other owner is otherwise prohibited by  law.

History. Laws 1984, ch. 47, § 3; 1986, ch. 26, § 1; 1994, ch. 93, § 1; 1995, ch. 49, § 1; 1996, ch. 104, § 1; 1997, ch. 154, § 2; 2000, ch. 59, § 1; ch. 82, § 1; 2001, ch. 72, § 3; 2003, ch. 33, §§ 1, 2; 2004, ch. 130, § 1; 2007, ch. 150, § 1; 2008, ch. 20, § 2; 2009, ch. 16, §§ 2, 4; 2019, ch. 194, § 1.

Cross references. —

As to transfer of registration, see § 31-2-214 .

As to transfer of title of decedent's motor vehicle without administration, see § 2-1-201(c).

As to notary publics generally, see chapter 1 of title 32.

The 2004 amendment, in (f), deleted “required by subsection (e) of this section” following “the damage disclosure statement.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2007 amendment, effective July 1, 2007, added (j) and (k).

The 2008 amendment, effective July 1, 2008, substituted “notarial officer” for “notary public” in the first sentence of (a).

The 2009 amendment, effective January 1, 2010, inserted “or department approved statement of transfer form” in (b); substituted “any statement required by this act” for “the damage disclosure statement” in (f); and repealed former (g), which read: “No person shall transfer ownership of a vehicle from a manufacturer's statement of origin or a manufacturer's certificate of origin unless the person is the manufacturer of the vehicle or a properly licensed dealer.”

The 2019 amendment, effective January 1, 2020, in (a), substituted “signed and dated” for “subscribed”; in (h)(i) and (h)(ii), substituted “signed bill of sale” for “signed, notarized bill of sale”; in the form for bills of sale, added the last sentence of the paragraph and “(TRANSFEROR'S OR AUCTIONEER'S ADDRESS, PHONE NUMBER AND DRIVER'S LICENSE, IDENTIFICATION OR DEALER NUMBER)” at the end of the form, and deleted “(BILL OF SALE MUST BE NOTARIZED)”; and added (m).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed act.

Laws 2019, ch. 194, § 2, provides: “This act applies to certificates of title and bills of sale issued on or after January 1, 2020.”

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Section not in conflict with Commercial Code. —

This section is not anywise in conflict with the Commercial Code. Shaffer v. Davidson, 445 P.2d 13, 1968 Wyo. LEXIS 199 (Wyo. 1968).

Repossession of motor vehicle as “sale.” —

A repossession is considered by the legislature as a “sale”; otherwise, § 39-15-101(a)(vii) (definition of “sale” under State Sales Tax Act) would be superfluous. Rock Springs Ford Nissan v. State Bd. of Equalization, 890 P.2d 1100, 1995 Wyo. LEXIS 26 (Wyo. 1995).

Effect of right to redeem. —

Where a debtor had a right to redeem a truck following its repossession, the right to redeem was an interest in the truck, and because the creditor had not sold the truck prior to filing of a bankruptcy case, the estate had an interest in the truck. Medved Chevrolet South, Inc. v. Royal (In re Picard), 2003 Bankr. LEXIS 781 (B.A.P. 10th Cir. July 14, 2003).

Cited in

State ex rel. DOT v. Legarda, 2003 WY 130, 77 P.3d 708, 2003 Wyo. LEXIS 159 (Wyo. 2003).

Law reviews. —

For note, “Motor Vehicle Certificates of Title in Wyoming,” see 11 Wyo. L.J. 47.

Am. Jur. 2d, ALR and C.J.S. references. —

Motor vehicle certificate of title or similar document as, in hands of one other than legal owner, indicia of ownership justifying reliance by subsequent purchaser or mortgagee without actual notice of other interests, 18 ALR2d 813.

§ 31-2-105. Duplicate titles; affidavit of vehicle ownership.

1. Upon loss of a certificate of title, the owner may apply to the county clerk issuing the original title for a duplicate title. The applicant shall file an affidavit describing the loss with the county clerk. Upon payment of fees the county clerk shall issue a duplicate certificate of title corresponding to the original certificate and containing the following notation prominently displayed in capital letters on the face of the certificate: “THIS IS A DUPLICATE CERTIFICATE OF TITLE AND MAY BE SUBJECT TO THE RIGHTS OF A PERSON OR PERSONS UNDER THE ORIGINAL CERTIFICATE”.
2. If an applicant for a certificate of title required by this act is unable to provide the county clerk with a certificate of title that assigns the prior owner’s interest, a notarized bill of sale or other evidence of ownership that satisfies the county clerk that the applicant owns the vehicle, a certificate of title may be issued only if:
   1. The applicant submits an affidavit of vehicle ownership on a form prescribed by the department that shall be signed and sworn before a person who is authorized to administer oaths and affirmations. The affidavit shall contain:
      1. A complete description of the vehicle;
      2. A recital of facts and circumstances by which the applicant acquired the ownership and possession of the vehicle including the previous owner’s name and address and why the applicant is unable to provide the clerk with the information required in subsection (b) of this section;
      3. A disclosure of any and all security interests, liens or encumbrances that are known to the applicant and that are outstanding against the vehicle;
      4. A statement that the applicant is the true and lawful owner of the vehicle and has the right to have a certificate of title issued.
   2. In addition to the affidavit of ownership, the applicant shall furnish the county clerk an indemnity bond as specified by this section.
3. If the vehicle for which the applicant is applying for a certificate of title has a value less than two thousand five hundred dollars ($2,500.00), a title may be issued without a bond if the applicant presents an affidavit of vehicle ownership, a notarized bill of sale, a certified, written statement of the value from a properly licensed Wyoming vehicle dealer and a vehicle identification number (VIN) inspection, or any other information the county clerk may require for proof of ownership, at the time of application.
4. Any bond required by this section shall be executed by a surety duly authorized to carry on business in Wyoming or by individual sureties qualified as provided by W.S. 1-1-104 and 1-1-105 . The amount of any bond required under this section shall not be less than double the value of the vehicle determined at the time of the application. If the value of the vehicle cannot be determined from any prior registration or title, the applicant shall provide the county clerk the value of the vehicle. The value of the vehicle shall be determined by the applicant or the surety from any current national appraisal guide, current or past registration if the value is present on any registration for the vehicle, or the value may be on certified written statement obtained from a properly licensed Wyoming vehicle dealer. The bond shall be conditioned to indemnify a prior owner, lienholder, subsequent purchaser, secured creditor or encumbrancer of the vehicle and any respective successors in interest against expenses, losses or damages, including reasonable attorney fees, caused by the issuance of the certificate of title or by a defect in or undisclosed security interest upon the right, title and interest of the applicant in the vehicle.
5. If any person suffers a loss or damage by reason of the filing or issuance of the certificate of title as provided in this section, such person shall have a right of action to seek relief directly against the applicant and the surety on the applicant’s bond against either of whom the person damaged may proceed independently of the other, but the aggregate liability of the surety to any or all persons seeking relief shall not exceed the total amount of the bond.
6. If an applicant is applying for title to a vehicle which he will restore for his own personal use, title may be issued without a bond required by this section if the applicant presents an affidavit of vehicle ownership, a notarized bill of sale, a certified written statement of the value of the vehicle and a vehicle identification number (VIN) inspection, at the time of application. If the value of the vehicle cannot be determined from any prior registration or title, the applicant shall provide the county clerk the value of the vehicle. The value of the vehicle shall be determined from any current national appraisal guide, or the applicant may elect to submit a certified written statement obtained from a properly licensed Wyoming vehicle dealer stating the appraised value of the vehicle. Any title issued under this subsection shall state on its face that it is nontransferable for one hundred eighty (180) days from the date title issued. Notwithstanding the other requirements of this subsection, a vehicle shall only be eligible to be titled under this subsection if, on the date the applicant purchased the vehicle it was not operational and could not have been rendered operational without substantial repairs to one (1) or more of the vehicle’s mechanical systems. The department shall define the term “substantial repairs” by rule and regulation.

History. Laws 1984, ch. 47, § 3; 2009, ch. 16, § 2; 2011, ch. 172, § 1; 2013, ch. 163, § 1; 2018, ch. 37, § 1.

The 2009 amendment, effective January 1, 2010, substituted “as specified in this section” for “in an amount of not less than double the value of the vehicle shown upon the registration of the vehicle,” and deleted the former last two sentences which read: “The bond shall be executed by a surety duly authorized to carry on business in Wyoming or by individual sureties qualified as provided by W.S. 1-1-104 and 1-1-105 . Bonds shall be conditioned for protection and indemnification of all persons who may have any interest in or dealing with the vehicle against any loss which may occur by reason of the issuance of the duplicate certificate before the 11th day after the affidavit is filed”; and added (b) through (e).

The 2011 amendment, effective July 1, 2011, added (f).

The 2013 amendment, effective July 1, 2013, substituted “two thousand five hundred dollars ($2,500.00)” for “six hundred dollars ($600.00)” in (c).

The 2018 amendment, effective July 1, 2018, in (a), deleted the former last sentence, which read: “No duplicate certificate shall be issued before the 11th day after the affidavit is filed unless the owner deposits an indemnity bond to the state of Wyoming with the county clerk as specified in this section.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

Law reviews. —

For article, “Wyoming Adopts the ‘1972 Amendments’ to Uniform Commercial Code Article 9 — The Revisions and Some Continuing Problems,” see XIX Land & Water L. Rev. 581 (1984).

§ 31-2-106. Definitions.

1. As used in W.S. 31-2-106 through 31-2-112 :
   1. “Flood vehicle” means any motor vehicle that has been submerged in water to the point that rising water has reached over the door sill and has entered into the passenger or trunk compartment of the vehicle and the actual dollar amount of the damage would not cause the vehicle to be titled as a salvage vehicle. Disclosure that a motor vehicle has become a flood vehicle shall be made at the time of transfer of ownership and the next certificate of title issued after the transfer shall be branded with the word “flood”;
   2. “Certificate of title, branded salvage” means a motor vehicle ownership document issued in this state to the owner of a salvage vehicle conspicuously branded with the word “salvage” across the front of the certificate;
   3. “Rebuilt title” means the certificate of title issued in this state to the owner of a rebuilt salvage vehicle conspicuously branded “rebuilt” across the front of the certificate of title;
   4. “Rebuilt salvage vehicle” means any motor vehicle which was previously issued a certificate of title branded “salvage” and has a decal stating “rebuilt salvage vehicle” affixed as required by W.S. 31-2-108(d);
   5. “Salvage vehicle” means any motor vehicle which has been wrecked, destroyed or damaged to the extent that it has been declared a total loss by the insurance company or, in the event an insurance company is not involved in the settlement of the claim, the total estimated or actual cost of parts and labor to rebuild or reconstruct the motor vehicle to its pre-accident condition exceeds seventy-five percent (75%) of the actual retail cash value of the motor vehicle, as set forth in the most current edition of any nationally recognized automotive appraisal guide or other source approved by the Wyoming insurance department. The value of repair parts for purposes of this paragraph shall be determined by using the current cost of the repair parts to be used in the repair. The labor cost of repairs for purposes of this paragraph shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are to be performed;
   6. “Junk vehicle certificate of title” means the certificate of title issued in this state pursuant to W.S. 31-2-111 conspicuously branded “junk” across the front of the certificate of title;
   7. “Glider kit vehicle” means every large  truck manufactured from a kit manufactured by a manufacturer of large  trucks that consists of a frame, a cab complete with wiring and instruments,  fenders, hood and front axles, and consists of one (1) or more additional  major components including an engine, transmission, rear axles, wheels  and tires.

History. Laws 2001, ch. 72, § 1; 2003, ch. 31, § 1; 2016, ch. 109, § 2; 2018, ch. 129, § 2.

The 2016 amendment, effective July 1, 2016, substituted “31-2-111” for “32-2-110” in the introductory language of (a), and added (a)(vi).

The 2018 amendment, effective July 1, 2018, in (a), substituted “31-2-112” for “31-2-111”; and added (a)(vii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-2-107. Titles for damaged vehicles; return of certificate of title and registration for damaged vehicle; replacement title and registration.

1. When a motor vehicle is declared a total loss by the insurance company or, in the event an insurance company is not involved in the settlement of the claim, sustains damage in an amount exceeding seventy-five percent (75%) of its actual retail cash value, as set forth in any current edition of a nationally recognized automotive appraisal guide or other source approved by the Wyoming insurance department, the owner or insurance company, if it obtains ownership of the vehicle through transfer of title as a result of a settlement of an insurance claim, shall forward the properly endorsed certificate of title to the office of the county clerk that issued the certificate of title together with an application for a certificate of title branded salvage and payment of the fee required under W.S. 31-3-102(a)(vii) to obtain a properly branded certificate of title. For purposes of this section, a certificate of title endorsed by an electronic signature shall constitute a properly endorsed certificate of title, which need not be notarized. When any vehicle accident report is required under chapter 5, article 11 of this title, the investigating officer shall provide written notice to the owner or operator of the vehicle of the requirements under this section.
2. Upon receipt of a certificate of title under subsection (a) of this section, the county clerk shall issue a certificate of title branded “salvage” to the legal owner.
3. Repealed by Laws 2009, ch. 16, § 4.
4. This section shall not apply to motor vehicles with more than eight (8) years of service except any vehicle that was previously issued a title from any state that bore any word or symbol signifying that the vehicle was “salvage”, “unrebuildable”, “parts only”, “scrap”, “junk”, “nonrepairable”, “reconstructed”, “rebuilt” or any other symbol or word of like kind, or that it has been damaged by flood, shall obtain a Wyoming title with the prior brand or any other information concerning the motor vehicle status, carried forward on any subsequent Wyoming title regardless of years of service.
5. This section shall not apply to a commercial vehicle or a commercial vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit including:
   1. A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;
   2. A power unit having three (3) or more axles regardless of weight, or which is used in combination when the weight of the combination exceeds twenty-six thousand (26,000) pounds gross vehicle weight.
6. If the owner of a motor vehicle retains the vehicle upon a settlement with an insurance company, and the vehicle has incurred damage requiring the vehicle to be issued a certificate of title branded “nonrepairable” or “salvage”, the owner shall apply for the certificate of title in his own name with the applicable brand displayed on the certificate of title before the vehicle is commercially repaired or ownership of the vehicle is transferred.
7. If an insurance company is not involved in a damage settlement involving a salvage vehicle, the motor vehicle owner shall apply for a certificate of title branded “salvage”, before the vehicle is commercially repaired or ownership of the vehicle is transferred.
8. If a leased motor vehicle incurs damage requiring the vehicle to be issued a certificate of title branded “salvage”, the lessor shall apply for a properly branded certificate of title after being notified by the lessee that the vehicle has been damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been damaged within thirty (30) days after the occurrence of the damage.
9. Any person acquiring ownership of a damaged motor vehicle that meets the definition of a salvage vehicle for which a certificate of title branded “salvage” has not been issued shall apply for a certificate of title before the vehicle is further transferred.
10. A seller of a motor vehicle that becomes a flood vehicle shall, at or prior to the time of transfer of ownership, give the buyer a written notice that the vehicle is a flood vehicle. At the time of the next application for certificate of title for the vehicle, disclosure of the flood status shall be provided to the county clerk with the properly assigned title and the word “flood” shall be conspicuously branded across the front of the new title.
11. In the case of a leased motor vehicle, the lessee, within thirty (30) days of the occurrence of the event that caused the vehicle to become a flood vehicle, shall give the lessor written disclosure that the vehicle is a flood vehicle.
12. Any vehicle that is titled pursuant to this section may be reregistered if the owner complies with the provisions of this section and W.S. 31-2-108 . Any vehicle branded “salvage” as a result of hail or theft with no damage, other than cosmetic, or vehicles titled “rebuilt” or “reconstructed” by any other state and that brand is carried forward on a Wyoming title, are not required to go through the rebuilt title process and may be reregistered pursuant to this act after obtaining a Wyoming title branded "salvage" or "rebuilt", as applicable.
13. If an insurance company is unable to obtain a properly endorsed certificate of title within thirty (30) days of payment of damages in a claim settlement involving transfer of a salvage vehicle to the insurance company, the insurance company, an occupational licensee of the department authorized by the insurance company or a salvage pool authorized by the insurance company may request the county clerk issue a certificate of title branded salvage for the vehicle. The request shall be submitted on a form provided by the office of the county clerk and signed under penalty of perjury. The request shall include and document evidence that the insurance company has paid a claim on the vehicle and has made at least two (2) written attempts to obtain the properly endorsed certificate of title at the last known address of the owner of the vehicle. The request shall also include a disclosure of any and all security interests, liens or encumbrances that are known to the insurance company and that are outstanding against the vehicle.
14. The county clerk, upon receipt of a request described in subsection (o) of this section and payment of the fee required under W.S. 31-3-102(a)(vii), shall issue a certificate of title branded salvage for the vehicle to the requesting insurance company, an occupational licensee of the department authorized by the insurance company or a salvage pool authorized by the insurance company. Any such salvage title issued by the county clerk shall reflect all liens of record that have not been released.
15. As used in this section, “electronic signature” means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

History. Laws 2001, ch. 72, § 1; 2003, ch. 31, § 1; 2004, ch. 130, § 1; 2009, ch. 16, §§ 2, 4; 2017, ch. 107, § 1; ch. 172, § 1.

The 2004 amendment, in (a), substituted “W.S. 31-3-102(a)(vii)” for “W.S. 31-2-102(a)(vii).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2009 amendment, effective January 1, 2010, repealed former (c) pertaining to rebuilt damaged vehicle, certificate of title and requirements under W.S. 31-2-201 ; added the exception in (d); and added (n).

The 2017 amendments. — The first 2017 amendment, by ch. 107, § 1, effective July 1, 2017, in (a), added “For purposes of this section, a certificate of title endorsed by an electronic signature shall constitute a properly endorsed certificate of title, which need not be notarized”; in (d), substituted “regardless” for “irregardless”; and added (o) through (q).

The second 2017 amendment, by ch. 172, § 1, effective July 1, 2017, made a stylistic change.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed act.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 31-2-108. Rebuilt salvage vehicles; titles; requirements.

1. Repealed by Laws 2009, ch. 16, § 4.
2. The certificate of title and the rebuilt salvage decal stating “rebuilt salvage vehicle” shall meet security standards minimizing the opportunity for fraud.
3. A motor vehicle owner submitting an application for a rebuilt salvage vehicle decal shall be required to provide a completed document approved by the department identifying the vehicle’s damage prior to being repaired, a copy of the original certificate of title branded "salvage" and the name and address of the person who repaired or rebuilt the vehicle. The owner shall also include an affirmation that the information in the declaration is complete and accurate and, to the knowledge of the declarant, no stolen parts were used during the rebuilding. Vehicles for which the certificate of title issued by another jurisdiction is clearly branded or declared as “salvage” due to hail or theft with no damage, other than cosmetic, or vehicles titled “rebuilt” or “reconstructed” by any other state and the brand is carried forward on a Wyoming title, are not required to go through the rebuilt title process for registration purposes and may be reregistered pursuant to this act after obtaining a Wyoming title branded "salvage" or "rebuilt" as applicable, or in the case of a vehicle damaged by hail or theft with no damage, other than cosmetic, by submitting to the county clerk a statement from a properly licensed Wyoming vehicle dealer or a licensed insurance adjuster that the damage is cosmetic only.
4. After the owner of a motor vehicle for which a certificate of title branded “salvage” has been issued pursuant to this act, provides the information required under subsection (c) of this section to the department, the department shall provide to the owner a secure decal which shall comply with the permanency requirements of the department, stating “rebuilt salvage vehicle”. The owner shall apply the decal to the driver’s door jamb of the vehicle prior to having the vehicle inspected by a Wyoming law enforcement officer for the vehicle identification number and to ensure the decal has been properly affixed. On a motorcycle, the owner shall apply the decal opposite the vehicle identification number on the fork crown in a manner that does not obscure the vehicle identification number, prior to having the motorcycle inspected by a Wyoming law enforcement officer for the vehicle identification number and to ensure the decal has been properly affixed. The owner shall pay the fee specified in W.S. 31-3-102(b) for the inspection.
5. The owner of a motor vehicle for which a certificate of title branded “salvage” has been issued may apply for a certificate of title branded “rebuilt” by presenting to the county clerk the certificate of title, properly assigned, if applicable, together with the department certificate signed by a Wyoming law enforcement officer who has inspected the vehicle for the vehicle identification number and to ensure the decal required under subsection (d) of this section has been properly affixed. Upon proper application and payment of fees for a certificate of title as provided under W.S. 31-3-102(a)(vii), a certificate of title branded “rebuilt” shall be issued to the owner.
6. through (n) Repealed by Laws 2003, ch. 31, § 2.
7. If a damaged vehicle is rebuilt and the owner is issued a certificate of title branded “rebuilt”, the owner shall register the vehicle as required under W.S. 31-2-201 , unless the owner is a licensed vehicle dealer under chapter 16 of this title and the vehicle was rebuilt for resale to the public. If the person registering the rebuilt vehicle is the person under whose name the vehicle was previously registered and the annual registration year for the vehicle prior to being damaged has not expired at the time of application under this section, a credit shall be issued for the remainder of the current annual registration year for the vehicle to be applied against any registration fees due for registration of the vehicle for the same period.

History. Laws 2001, ch. 72, § 1; 2003, ch. 31, §§ 1, 2; 2009, ch. 16, §§ 2, 4.

The 2009 amendment, effective January 1, 2010, repealed former (a), which read: “For any motor vehicle, the ownership of which is transferred on or after December 31, 2001, the certificate of title shall contain an appropriate notice whenever records readily accessible to the state indicate that the motor vehicle was previously issued a title that bore any word or symbol signifying that the vehicle was ‘salvage’, ‘unrebuildable’, ‘parts only’, ‘scrap’, ‘junk’, ‘nonrepairable’, ‘reconstructed’, ‘rebuilt’ or any other symbol or word of like kind, or that it has been damaged by flood. Any information concerning a motor vehicle's status shall also be conveyed on any subsequent title issued for the vehicle by this state, including a duplicate or replacement title”; added the last sentence in (c); inserted “pursuant to this act” in (d); and added (o).

Editor's notes. —

There is no subsection (o) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

§ 31-2-109. Disclosure requirements.

1. When any dealer in this state or motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this article, the dealer or owner shall disclose on a form prescribed by the department to any prospective purchaser, prior to sale or trade, the nature of the title brand.
2. The notification form to be prescribed by the department shall have a statement indicating the buyer has been provided notice of the brand on the title. The seller shall require the buyer to sign the notification form prior to completing a sales transaction on a motor vehicle that carries a branded title. The seller shall retain a copy of the signed notification form.
3. Failure of the seller to procure the buyer’s acknowledgement signature shall render the sale voidable at the election of the buyer. The election to render the sale voidable shall be in writing and delivered to the seller not later than thirty (30) days after the certificate of title is issued in the buyer’s name.
4. Nothing in this act shall prevent the buyer from voiding the sale if there is evidence that the buyer failed to receive the branded title, or a copy of the branded title, or any other notification indicating the title bore any brand at the time of purchase, regardless of when the title was issued in the buyer’s name. The election to render the sale voidable shall be in writing and delivered to the seller not later than thirty (30) days after the buyer first receives knowledge that the title carries a brand. This paragraph shall apply only if there is evidence that the seller knowingly failed to notify the buyer with the intent to defraud the buyer.

History. Laws 2001, ch. 72, § 1; 2009, ch. 16, § 2.

The 2009 amendment, effective January 1, 2010, added (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

§ 31-2-110. Violations; penalties.

1. Any dealer or a person holding legal certificate of title to a motor vehicle who fails to obtain a proper certificate of title for a salvage vehicle as required under W.S. 31-2-107 within thirty (30) days of the receipt of the transferor’s correctly endorsed title is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
2. Any dealer or a person who holds legal certificate of title to a nonrepairable, rebuilt salvage or flood vehicle who knowingly fails to disclose to a potential buyer that the vehicle being sold is a nonrepairable, rebuilt salvage or flood vehicle is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. A second or subsequent violation under this subsection shall be subject to a fine of not more than one thousand five hundred dollars ($1,500.00), imprisonment for not more than one (1) year, or both. In addition, if a dealer is convicted of a second or subsequent violation under this subsection within two (2) years, he may be subject to an injunction. The department or the district attorney of the county in which the violation occurred may petition the court for an injunction to prohibit the dealer from selling vehicles in this state for a period of not more than one (1) year.

History. Laws 2001, ch. 72, § 1; 2003, ch. 31, § 1.

§ 31-2-111. Towing and recovery carrier junk vehicle certificate of title.

1. The county clerk of any one (1) of the counties of Wyoming may issue a junk vehicle certificate of title for a junk vehicle, as defined in W.S. 31-13-101(a)(xi) containing the following notation conspicuously displayed on the face of the certificate: “junk” if the applicant for the junk vehicle certificate of title is a person owning or acting on behalf of an establishment for towing and recovery services and the applicant submits an affidavit on a form prescribed by the department. The affidavit shall be signed and sworn before a notarial officer and shall contain:
   1. A copy of the itemized tow bill or order containing a complete description of the vehicle, including license plate number and state indication, make, year, model, vehicle identification number, and the date, time and place of towing and the current location of the vehicle;
   2. A current statement by a Wyoming law enforcement officer made after the date the vehicle was towed that certifies the vehicle identification number on the vehicle has been inspected, the inspection occurred in Wyoming and the correct vehicle identification number is displayed on the vehicle;
   3. A title search report completed by the department that discloses the name of the owner and any lienholders of record, if discovered through reasonable efforts, and a statement disclosing any security interest, lien or encumbrance outstanding against the vehicle which is known to the applicant;
   4. A copy of the written notice issued pursuant to W.S. 31-13-104(g)(iii), including a copy of the receipt evidencing the notice was sent by certified mail or a copy of the written notice issued pursuant to W.S. 31-13-101(a)(x)(D);
   5. A photograph of the vehicle; and
   6. A statement of the fair market value of the vehicle completed by an independent and disinterested licensed Wyoming vehicle dealer.
2. The owner, lienholder or the owner’s or lienholder’s insurance provider of the vehicle may reclaim the junk vehicle from the establishment for towing and recovery services by paying the charges of towing, storage and notice within thirty (30) days of the postmarked date on the notice issued pursuant to W.S. 31-13-104(g)(iii) or within ten (10) days of receipt of the notice issued pursuant to W.S. 31-13-101(a)(x)(D).
3. Any junk vehicle certificate of title issued under subsection (a) of this section shall be:
   1. Branded “junk” by the county clerk; and
   2. Used by the recipient only to transfer ownership of a vehicle to a storage and disposal facility licensed under W.S. 31-13-114 .
4. After a junk vehicle certificate of title is issued to a person owning or acting on behalf of an establishment for towing and recovery services under subsection (a) of this section, the former owner and any lienholder or person entitled to possession of the vehicle has no further right, title, claim or interest in or to the vehicle or its contents, and all liens, encumbrances and security interests are extinguished.
5. An owner or agent of an establishment for towing and recovery services may apply for a junk certificate of title in accordance with this section for a vehicle that is wrecked, damaged, disabled or apparently inoperable, has a fair market value of less than two thousand dollars ($2,000.00) and is subject to a storage lien under W.S. 29-7-101 through W.S. 29-7-106 , provided:
   1. The towing and recovery services owner or agent provides a copy of the written notice pursuant to W.S. 29-7-105(b), including evidence the notice was sent by certified mail, in lieu of a copy of the notice required in paragraph (a)(iv) of this section; and
   2. Within thirty (30) days of the postmarked date on the notice issued pursuant to W.S. 29-7-105(b), the vehicle’s owner, a lienholder or the owner’s or lienholder’s insurance provider fails to reclaim the junk vehicle subject to a storage lien from the establishment for towing and recovery services by paying the charges of towing, storage and notice.

History. Laws 2016, ch. 109, § 1; 2021, ch. 105, § 1.

The 2021 amendment , effective July 1, 2021, added (e).

Effective date. —

Laws 2016 ch. 109, § 4, makes the act effective July 1, 2016. Approved March 11, 2016.

§ 31-2-112. Glider kit vehicle certificate of title.

1. Any county clerk may issue a glider kit vehicle certificate of title for a glider kit vehicle, as defined in W.S. 31-2-106(a)(vii), containing the following notation “glider kit” conspicuously branded on the face of the certificate.
2. Applications  for a glider kit vehicle certificate of title shall contain or be accompanied  by:
   1. The name and  address of the owner, the manner in which  the ownership interest in the vehicle is to be held and  the person to whom the certificate of title is to be delivered;
   2. A description of the vehicle including the make and model year of the body that the glider kit vehicle resembles, the vehicle identification number, type of body and motive power;
   3. A statement from the dealer or final assembler indicating:
      1. For glider kit vehicles completely assembled by the manufacturer:
         1. The manufacturer’s suggested retail price (MSRP) for the completed glider kit vehicle, including the glider kit, engine, transmission, rear axles, wheels, tires and any other body, cab or mechanical component;
         2. Certification that the glider kit vehicle was newly assembled when sold to the applicant.
      2. For glider kit vehicles fully assembled after purchase from the manufacturer, a notarized statement of value or appraisal from the final assembler of the glider kit vehicle. The statement of value or appraisal shall include:
         1. The value of the completed glider kit vehicle, including the glider kit, engine, transmission, rear axles, wheels, tires and any other body, cab or mechanical component;
         2. A statement of work performed to completely assemble the glider kit vehicle, including a list of components that were refurbished.
   4. Certification of the applicant’s ownership and any liens or encumbrances upon the glider kit vehicle;
   5. Such other information as required by the department or county clerk, including a vehicle bill of sale, any other information required under W.S. 31-2-103 and any documentation necessary to verify proof of ownership including an affidavit for proof of ownership or any surety bond required by this act. An affidavit for proof of ownership shall be by form prescribed pursuant to W.S. 31-1-201(d) and shall be utilized by each county of this state.
3. The owner of a glider kit vehicle who has been issued a certificate of title under another section of this article may apply for a glider kit vehicle certificate of title under this section.
4. A certificate of title issued under this section shall list the model year as the model year that the body of the glider kit vehicle resembles.
5. For glider kit vehicle certificates of title issued under this section, the vehicle identification number that is listed on the certificate of title shall be the vehicle identification number listed on the manufacturer’s statement of origin. If the manufacturer’s statement of origin does not list a vehicle identification number, a vehicle identification number shall be assigned pursuant to W.S. 31-11-105 .
6. Glider kit vehicles shall be titled, registered and licensed pursuant to the provisions of this chapter and chapter 18 of this title.

History. Laws 2018, ch. 129, § 1; 2019, ch. 186, § 1; ch. 194, § 1.

Effective date. — Laws 2018, ch. 129, § 3, makes the act effective July 1, 2018.

The 2019 amendments. —

The first 2019 amendment, by ch. 186, § 1, effective July 1, 2019, in (a), substituted “W.S. 31-2-106(a)(vii)” for “W.S. 31-1-101(a)(xv)(R).”

The second 2019 amendment, by ch. 194, § 1, effective January 1, 2020, in the introductory language in (b), substituted “shall contain” for “shall be under oath and contain,” and in (b)(i), added “the manner in which the ownership interest in the vehicle is to be held.”

Editor's notes. —

Laws 2019, ch. 194, § 2, provides: “This act applies to certificates of title and bills of sale issued on or after January 1, 2020.”

§ 31-2-201. Registration required; timelines.

1. Except as  provided in W.S. 31-2-224 and subsection (q) of this section, every owner, or if applicable, operator or lessee, of a vehicle  which will be operated or driven upon any highway in Wyoming, shall  be required to obtain registration at the following times:
   1. Annually not later than the last day of the annual registration month. Applications may be by mail;
   2. Upon transfer of ownership of a vehicle:
      1. Within sixty (60) days if transferred and temporary license permits issued by a licensed dealer;
      2. Within sixty (60) days if transferred by an out-of-state dealer, regardless of when the out-of-state temporary permit expires;
      3. Within sixty (60) days if transferred under the provisions of W.S. 31-2-104(h). Vehicles may be operated by the transferee during this sixty (60) day period when accompanied by a signed bill of sale that substantially conforms with the form provided in W.S. 31-2-104(h)(ii);
      4. Within forty-five (45) days for other transfer. Vehicles may be operated by the transferee during this forty-five (45) day period when accompanied by a properly executed title for the vehicle transferring interest in the vehicle to the transferee.
   3. Upon becoming a resident in the case of a previous nonresident owner;
   4. Notwithstanding paragraph (iii) of this subsection, immediately when the vehicle is being operated by a person not from this state for transportation to or from, or for the purpose of gainful employment or any trade, profession or occupation within this state.
      1. through (C) Repealed by Laws 2009, ch. 16, § 4.
2. through (h) Repealed by Laws 2009, ch. 16, § 4.
3. Any nonresident owner, lessee or operator of a vehicle that is not a commercial vehicle, who is employed in this state on a temporary or full-time basis may choose to purchase a temporary worker registration permit from the county treasurer in lieu of registering the vehicle pursuant to paragraph (a)(iv) of this section and paying the fees pursuant to W.S. 31-3-101 , provided the vehicle displays a valid registration and license plate from another jurisdiction and is properly insured. Application for the temporary worker registration permit shall be made to the county treasurer in the manner and form prescribed by the department and shall be submitted with proof of valid insurance. The temporary worker registration permit shall bear a distinctive number assigned to the vehicle, an expiration date and at all times be prominently displayed and clearly visible on the vehicle in a manner prescribed by the department. Fees collected under this subsection shall be deposited in the county general fund. The fee for a temporary worker registration permit shall be fifty dollars ($50.00) per each month of required registration, and shall not exceed one hundred twenty (120) days per vehicle.
4. W.S. 31-2-225 notwithstanding, upon compliance with W.S. 39-15-107(b) and 39-16-107(b), if applicable, an owner of a commercial vehicle that is not a Wyoming based commercial vehicle as defined by W.S. 31-18-201(a)(vi), a nonresident owner of a vehicle not employed in this state, or any owner upon transfer of ownership or lease, may, as an alternative to registration, obtain one (1) temporary registration permit in a twelve (12) month period authorizing operation of the vehicle on the highways of this state for a period not to exceed ninety (90) days from the date of issuance of the temporary registration permit. Any registration issued under this section shall bear a distinctive number assigned to the vehicle, an expiration date and at all times be prominently displayed and clearly visible on the vehicle in the manner prescribed by the department. Application for a temporary registration permit shall be made to the county treasurer in the manner and form prescribed by the department. A temporary registration permit under this subsection shall be considered an initial registration under W.S. 31-1-101(a)(xxx). The fee for the temporary registration permit shall be an amount equal to the following fractions of the annual registration fees for the vehicle required under W.S. 31-3-101 :
   1. Up to thirty (30) days at one-tenth (.10);
   2. Up to sixty (60) days at two-tenths (.20);
   3. Up to ninety (90) days at three-tenths (.30).
5. A one time “in transit” permit may also be purchased for a fee of twenty dollars ($20.00) per vehicle, which entitles a person who obtains a vehicle from any person, other than a licensed Wyoming vehicle dealer, to operate the vehicle on the highways of Wyoming without registration, only for the purpose of removing the vehicle from the state within a period of forty-eight (48) hours from the date of the permit. The applicant for this permit shall be required to provide any documentation necessary, including proof of insurance, to satisfy the county treasurer that the applicant has the lawful right to the vehicle. The permit shall expire forty-eight (48) hours after issuance, or upon leaving the state. The permit shall bear a distinctive number assigned to the vehicle, an expiration date and shall at all times be prominently displayed and clearly visible on the vehicle in a manner prescribed by the department.
6. A vehicle which is not included as part of a licensed dealer’s inventory, is not currently registered in this state or any other jurisdiction and is required to be registered if operated on the public highways of this state may be operated for demonstration purposes, without a load, on the public highways of this state while displaying a demonstration permit. The permit shall be obtained from the department, agent or any authorized person by the department, upon application, presentation of a valid certificate of title and payment of the prescribed fee. The permit shall indicate the dates of demonstration, not exceeding ninety-six (96) hours, and such other information as the department prescribes. The department shall prescribe the manner in which the permit shall be displayed.
7. A resident found to be in control of a vehicle operated or driven upon any highway for which Wyoming vehicle registration is required shall be rebuttably presumed to be the actual owner of the vehicle, subject to the following:
   1. The department, in consultation with the department of revenue, a county treasurer or a Wyoming peace officer, is authorized to determine that a resident is in control of a vehicle operated or driven upon any highway in Wyoming for which Wyoming vehicle registration is required. Factors that indicate a resident is in control of a vehicle include, but are not limited to the following:
      1. The resident was a purchaser of the vehicle;
      2. The resident operated or stored the vehicle in Wyoming for any period of time;
      3. The resident is a partner, member or shareholder of the business entity that purports to be the owner of the vehicle;
      4. The resident is insured to drive the vehicle.
   2. Upon a determination that a resident is in control of a vehicle operated or driven upon any highway in Wyoming for which Wyoming vehicle registration is required, the department shall notify the resident in writing that the resident is required to register the vehicle and to pay any sales or use taxes due on the purchase or use of the vehicle in accordance with W.S. 39-15-107(b)(i) or 39-16-107(b)(ii) within thirty (30) days from the date of the notice;
   3. The department shall promulgate rules necessary to implement this subsection, including rules to provide the resident an opportunity for a hearing and appeal in accordance with the Wyoming Administrative Procedure Act. Following a final determination in the appeal in favor of the department, the resident shall owe the taxes and fees determined to be due.
8. If a resident found to be in control of a vehicle operated or driven upon any highway for which Wyoming vehicle registration is required under subsection (o) of this section fails to pay registration fees or applicable sales or use taxes due within thirty (30) days from the date of the notice required under subsection (o) of this section or within thirty (30) days following a final determination in favor of the department, the person shall be charged a penalty equal to seventy-five percent (75%) of the unpaid registration fees.
9. Members of the armed forces who register their vehicles in Wyoming, are deployed outside the continental United States for ninety (90) days or more and whose vehicle registrations expire during their term of deployment shall be permitted to register their vehicles no later than fourteen (14) days after returning to Wyoming after deployment. The annual registration month of a vehicle registered under this subsection shall be the month in which the vehicle is registered after deployment. No fees or penalties shall be charged as a result of registration under this subsection and the registration fees charged shall be the same as otherwise provided in this article. Members who register under this subsection shall:
   1. Provide to the county treasurer proper documentation of the deployment; and
   2. Attest that the vehicle to be registered was not driven between the date the vehicle registration expired and the date of registration under this subsection.

History. Laws 1984, ch. 47, § 3; 1985, ch. 96, § 1; 1986, ch. 26, § 1; ch. 88, § 2; 1987, ch. 72, § 1; ch. 90, § 1; ch. 121, § 1; 1991, ch. 256, § 2; 1993, ch. 68, § 5; 1994, ch. 90, § 2; 1996, ch. 45, § 1; 1997, ch. 154, § 2; 1999, ch. 35, § 1; ch. 37, § 1; 2000, ch. 75, § 2; 2003, ch. 33, § 1; ch. 205, § 1; 2008, ch. 54, § 1; 2009, ch. 16, §§ 2, 4; ch. 128, § 2; 2015, ch. 31, § 1; 2017, ch. 148, § 1; 2018, ch. 61, § 1; 2019, ch. 194, § 1.

Cross references. —

As to registration of off-road recreational vehicles used on off-road recreational vehicle trails, see article 7 of this chapter.

As to refusal, suspension or revocation of registration of motor-driven cycle with noncomplying brakes, see § 31-5-951 .

The 2003 amendment, effective January 1, 2004, added the exception in (a)(iv)(A) pertaining to the decal for temporary workers.

The 2008 amendment, effective January 1, 2009, deleted “between January 1 through March 31 for vehicles registered under W.S. 31-18-201 , and for all others annually” following “Annually” in (a)(i).

The 2009 amendment, effective January 1, 2010, rewrote the introductory language of (a), which read: “Every owner of a vehicle shall apply for registration of and license plates for the vehicle at the following times”; added “regardless of when the out-of-state temporary permit expires, regardless of when the out-of-state temporary permit expires” in (a)(ii)(B); rewrote (a)(iv), which read: “Notwithstanding paragraph (iii) of this subsection, immediately if the operator of a vehicle operated in this state is”; repealed former (a)(iv)(A) through (a)(iv)(C) which provided for requirements for purchase of a decal from the county treasurer in lieu of registering a vehicle; repealed former (b) through (h) pertaining to weight certificate, exemptions, and fees; and added (j) through (n).

The 2015 amendment, effective January 1, 2016, substituted “sixty (60) days” for “forty-five (45) days” in (a)(ii)(A) through (a)(ii)(C); and substituted “forty-five (45) days” for “thirty (30) days” in (a)(ii)(D).

The 2017 amendment, effective July 1, 2018, added (o) and (p).

The 2018 amendment, effective July 1, 2018, in (a), inserted “and subsection (q) of this section”; and added (q).

The 2019 amendment, effective January 1, 2020, in (a)(ii)(C), substituted “a signed bill of sale that substantially conforms with the form provided in W.S. 31-2-104(h)(ii)” for “a notarized bill of sale.”

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Registration of off-road vehicles. —

Laws 1986, ch. 88, § 3, provides that no off-road recreational vehicle as defined in § 31-1-101(a)(xv)(K) shall be registered by a county treasurer after March 31, 1986.

County registration fee is actually a “tax” rather than a “fee.” It is collected annually, is measured by the value of the vehicle and is designed to raise revenue rather than merely cover the costs of administration of motor vehicle registration. United States v. Wyoming, 402 F. Supp. 229, 1975 U.S. Dist. LEXIS 15847 (D. Wyo. 1975).

Federal law does not exempt nonresident servicemen from state registration fee. United States v. Wyoming, 402 F. Supp. 229, 1975 U.S. Dist. LEXIS 15847 (D. Wyo. 1975).

But nonresident servicemen exempt from county registration fees. —

Section 514 of the federal Soldiers' and Sailors' Civil Relief Act of 1940, 50 App. USCS § 574, exempted nonresident servicemen seeking to register their automobiles in Wyoming from payment of county registration fees. United States v. Wyoming, 402 F. Supp. 229, 1975 U.S. Dist. LEXIS 15847 (D. Wyo. 1975).

Improperly displayed out-of-state license plates justifies stop. —

A patrolman had a reason to suspect that the driver of car with Colorado license plate not displayed in accordance with Colorado law was violating Wyoming law, and he had authority to stop the car. Vargas-Rocha v. State, 891 P.2d 763, 1995 Wyo. LEXIS 37 (Wyo. 1995).

Cited in

Clay v. State, 2016 WY 55, 372 P.3d 195, 2016 Wyo. LEXIS 59 (Wyo. 2016).

Applicability. —

Laws 2019, ch. 194 § 2, provides: "This act applies to certificates of title and bills of sale issued on or after January 1, 2020."

Law reviews. —

For article, “Automobiles — Chattel Mortgages — Recording,” see 3 Wyo. L.J. 92.

For article, “The Record System, Perfection of a Security Interest and Subsequent Purchasers or Creditors,” see 18 Wyo. L.J. 269 (1964).

§ 31-2-202. [Renumbered.]

Renumbered as § 31-18-201 by Laws 1993, ch. 68, § 3.

Cross references. —

For present provisions concerning registration of commercial vehicles, see § 31-18-201 .

§ 31-2-203. Reciprocal agreements and exemptions.

1. The department may negotiate reciprocal agreements with appropriate officials of any other jurisdiction, in which nonresidents of this state shall be exempt from Wyoming vehicle registration fees in exchange for equivalent exemptions from like fees imposed by the other jurisdictions on residents of this state.
2. The department shall determine from time to time and advise each Wyoming motor vehicle registration and fee collecting official or other person and each state agency charged with enforcing motor vehicle statutes of Wyoming of the name of each state contiguous to Wyoming which has granted or subsequently grants for the benefit of affected Wyoming motor vehicle owners reciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of this section, together with the nature and extent of each reciprocal grant by the other state, and shall likewise advise of the name of each jurisdiction with which the department has entered into a reciprocal agreement together with the nature and extent of the reciprocal grants made.
3. Repealed by Laws 1989, ch. 129, § 3.

History. Laws 1984, ch. 47, § 3; 1987, ch. 37, § 1; 1989, ch. 129, § 3; 1991, ch. 241, § 3.

§ 31-2-204. Issuance of certificates of registration and license plates by county; form.

1. Upon receipt of an approved application and payment of fees the county treasurer shall issue to the applicant a certificate of registration conforming with the facts set forth in the application together with one (1) license plate or validation sticker for motorcycles, multipurpose vehicles, trailers, including house trailers, and vehicles operated with dealer license plates and two (2) license plates or proper validation stickers for any other vehicle. A copy of the certificate of registration shall be carried at all times in the motor vehicle for which it is valid and shall be displayed upon demand of any peace officer.
2. Except as otherwise provided, license plates shall be of metal not less than twelve (12) inches long in the left-hand end of which shall be arabic numerals for the county in which issued, followed by the bucking horse and rider emblem and a distinctive number assigned to the vehicle, set forth in numerals and letters as determined by the department and above or underneath such numerals shall be the word “Wyoming” and arabic numerals for the year of issue or validation. License plates issued to dealers and for state or federal official forestry vehicles, motorcycles, multipurpose vehicles and trailers shall contain appropriate identification which may be in lieu of the bucking horse and rider emblem. After the county number on the left-hand end, the license plate may also contain a distinctive symbol or letters, as determined by the department, indicating vehicle type. License plates shall be changed or validated annually. There shall be a marked contrast between the color of the plate and that of the numerals and letters and the background of all plates shall be fully reflectorized. Plates for light utility trailers under one thousand (1,000) pounds, motorcycles and multipurpose vehicles shall not be less than three (3) inches wide and six (6) inches long. Antique license plates shall bear no date and shall bear the inscription “Pioneer Wyo”. Distinctive license farm stickers shall be issued by the county treasurer upon request for trucks and trailers used by any farmer or rancher for the transportation of livestock, feed or unprocessed agricultural products owned and produced by the farmer or rancher from the place of production to market and of ranch supplies intended solely for the use of the farmer or rancher, and not for sale, on the return trip, and not for the transportation of goods and persons for hire. Farm stickers shall bear the inscription “Farm”.
3. The distinctive license plate numbers shall begin with one (1) and be numbered consecutively in each county. In ordering license plates the department may from year to year change the location of the figures, words and letters or validation sticker as deemed necessary.
4. For the purposes of this section, the several counties of the state shall be numbered as follows: Albany-5, Big Horn-9, Campbell-17, Carbon-6, Converse-13, Crook-18, Fremont-10, Goshen-7, Hot Springs-15, Johnson-16, Laramie-2, Lincoln-12, Natrona-1, Niobrara-14, Park-11, Platte-8, Sheridan-3, Sublette-23, Sweetwater-4, Teton-22, Uinta-19, Washakie-20, Weston-21, and new counties shall be assigned numbers by the department as they may be formed, beginning with the number 24.
5. For the purposes of this chapter, provisions for license plates for motorcycles shall apply to autocycles.

History. Laws 1984, ch. 47, § 3; 1991, ch. 241, § 3; 2001, ch. 183, § 1; 2003, ch. 55, § 1; 2007, ch. 34, § 1; 2009, ch. 16, § 2; 2014, ch. 112, § 1; 2015, ch. 69, § 1; 2017, ch. 48, § 1; ch. 165, § 1.

The 2007 amendment, effective January 1, 2008, inserted “multipurpose vehicles” in (a); in (b), inserted “state or federal official forestry vehicles, motorcycles, multipurpose vehicles and,” and substituted “Plates for light utility trailers under one thousand (1,000) pounds, motorcycles and multipurpose vehicles” for “Motorcycle plates.”

The 2009 amendment, effective January 1, 2010, added the last sentence in (a).

The 2014 amendment, effective July 1, 2014, in (b), added “After the county number on the left-hand end, the license plate may also contain a distinctive symbol or letters, as determined by the department, indicating vehicle type.”

The 2015 amendment, effective July 1, 2015, in the middle of (b), substituted “Distinctive license farm stickers shall be issued by the county treasurer upon request for trucks and trailers” for “license stickers for trucks and trailers”, and made a related change.

The 2017 amendments. — The first 2017 amendment, by ch. 48, § 1, effective July 1, 2017, at the end of (b), deleted the last six sentences."

The second 2017 amendment, by ch. 165, § 1, added (e).

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 31-2-205. Display of license plates.

1. License plates for vehicles shall be:
   1. Conspicuously displayed and securely fastened to be plainly visible:
      1. One (1) on the front of the vehicle, excluding the following:
         1. Motorcycles;
         2. Multipurpose vehicles;
         3. Trailers, including house trailers;
         4. Vehicles operated with demo, full use or manufacturer license plates issued pursuant to W.S. 31-16-125 ;
         5. Street rods registered pursuant to W.S. 31-2-226 ;
         6. Custom vehicles registered pursuant to W.S. 31-2-227 ;
         7. Antique vehicles registered pursuant to W.S. 31-2-223 ;
         8. A motor vehicle which was originally manufactured without a bracket, device or other means to display and secure a front license plate;
         9. Off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 .
      2. One (1) on the rear of the vehicle.
   2. Secured to prevent swinging;
   3. Attached in a horizontal position no less than twelve (12) inches from the ground;
   4. Maintained free from foreign materials and in a condition to be clearly legible.
2. Repealed by Laws 1991, ch. 37, § 1.

History. Laws 1984, ch. 47, § 3; 1987, ch. 155, § 1; 1989, ch. 7, § 2; 1991, ch. 37, § 2; 1997, ch. 154, § 2; 2007, ch. 34, § 1; 2009, ch. 46, § 2; 2015, ch. 34, § 1; 2021, ch. 34, § 2.

The 2007 amendment, effective January 1, 2008, amends this section by inserting “multipurpose vehicles” in (a)(i)(A).

The 2009 amendment, effective July 1, 2010, added “street rods registered pursuant to W.S. 31-2-226 and custom vehicles registered pursuant to W.S. 31-2-227 , provided that such custom vehicles were manufactured prior to 1968 or were originally manufactured to have one (1) license plate” in (a)(i)(A) and made related changes.

The 2015 amendment, effective July 1, 2015, added designations (a)(i)(A)(I) through (a)(i)(A)(VI); deleted the former proviso at the end of (a)(i)(A); added (a)(i)(A)(VII) and (a)(i)(A)(VIII); and made related and stylistic changes.

The 2021 amendment , effective July 1, 2021, added (a)(i)(A)(IX).

Editor's notes. — Laws 2017, ch. 48, § 3, provides: "A veteran license sticker displayed on a license plate that is manufactured by the department of transportation and sold by the veterans' affairs commission before July 1, 2017 shall not be considered foreign material for purposes of W.S. 31-2-205(a)(iv)."

Investigatory stop.—

Record supported the district's court's conclusion that a police officer had a particularized and objective basis for suspecting that defendant was in violation of a Wyoming law requiring license plates or a valid registration to be displayed and plainly visible on a vehicle, and that the officer could properly stop the vehicle to investigate further. Thus, the investigatory stop of defendant's vehicle was justified by reasonable suspicion. Clay v. State, 2016 WY 55, 372 P.3d 195, 2016 Wyo. LEXIS 59 (Wyo. 2016).

Interpretation. —

Requirements of this section that a license plate be “plainly visible” is not connected to any class of “obscuring matter,” and the doctrine of ejusdem generis is not applicable. Parks v. State, 2011 WY 19, 247 P.3d 857, 2011 Wyo. LEXIS 21 (Wyo. 2011).

Obstructed plate is a violation of this section. —

Trailer ball mounted in a place that causes it to partially obstruct a license plate from view is a violation of this section. Parks v. State, 2011 WY 19, 247 P.3d 857, 2011 Wyo. LEXIS 21 (Wyo. 2011).

Obstruction of plate is forbidden. —

Requirements of this section that a license plate be “plainly visible” and “clearly legible” indicate that a license plate must not be obstructed in any manner. Parks v. State, 2011 WY 19, 247 P.3d 857, 2011 Wyo. LEXIS 21 (Wyo. 2011).

Cited in

State v. Williams, 2004 WY 53, 90 P.3d 85, 2004 Wyo. LEXIS 64 (2004).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statute making it a criminal offense to obscure registration plates, 57 ALR3d 606.

§ 31-2-206. Annual renewal; delivery of license plates and stickers; staggered registration.

1. Except as otherwise provided vehicle registrations expire on the last day of the annual registration month. Renewals are effective for one (1) year beginning the first day of the month following the annual registration month. The initial registration for a vehicle in this state expires on the last day of the annual registration month in the following year. Except as provided in subsection (h) of this section, nothing in this section prohibits an owner from registering a vehicle for more than twelve (12) but less than twenty-four (24) months.
2. Repealed by Laws 2009, ch. 16, § 4.
3. License plates or stickers may be delivered by mail if the applicant so desires. The cost of mailing license plates or stickers may be required to be paid by the applicant.
4. Unless reassigned to a like vehicle of the same owner in the manner and form prescribed by the department, license plates or stickers issued during any calendar year shall only be used on the vehicle for which issued through the last day of the annual registration month for the vehicle in the succeeding calendar year.
5. and (f) Repealed by Laws 2017, ch. 41, § 2.
6. Any person who registers two (2) or more vehicles may select one (1) currently existing annual registration month for all of those vehicles. Notwithstanding W.S. 31-1-101(a)(xxx)(B), any person who elects to register vehicles under the provisions of this subsection may thereafter apply to the county treasurer to have the same annual registration month apply to subsequently acquired vehicles. When electing to establish the same registration period for all vehicles, the owner shall pay the current annual registration fee plus one-twelfth (1/12) of that annual fee for each additional month necessary to extend the registration to the registration period under which all the vehicles will be registered. No depreciation shall be allowed for the required additional months. Thereafter, all the vehicles shall be registered on an annual basis.
7. If a county treasurer with the approval of the board of county commissioners elects to register vehicles under this subsection, the annual registration month for all vehicles shall be December and except for vehicles registered during calendar year 1992 and each year thereafter, the license plates or stickers issued for any calendar year under this subsection shall only be used for the vehicle for which issued through the last day of March of the succeeding calendar year. For vehicles registered during calendar year 1992 and each year thereafter, the license plates or stickers issued for any calendar year under this subsection shall only be issued for use through the last day of February of the succeeding calendar year. W.S. 31-1-101(a)(xxx)(A) and (B) do not apply if an election is made under this subsection. A county treasurer with the approval of the board of county commissioners may subsequently elect to follow the procedure in subsection (g) of this section for any succeeding calendar year by notifying the department not later than April 1 of the year preceding the year for which the election is made and providing adequate publicity to county residents about the election. If any election is made to follow the procedure in subsection (g) of this section, credit shall be given for registration fees paid through December 31 of the year for which the election is made. If a county treasurer follows the procedure under subsection (g) of this section, no subsequent election shall be made. No election under this subsection shall be made for a calendar year in which new license plates shall be issued.
8. Repealed by Laws 2009, ch. 16, § 4.
9. Dealer demo, full use and manufacturer license plates are valid for one (1) year beginning the first day of the month following the annual registration month provided the dealer or manufacturer holds a valid license pursuant to W.S. 31-16-104 and the dealer or manufacturer license is not suspended, revoked, cancelled or expired. The dealer or manufacturer license plates shall expire upon the date of any revocation, suspension, cancellation or expiration of the dealer or manufacturer license. Any and all license plates expired pursuant to this paragraph shall be immediately returned to the department upon expiration.
10. Repealed by Laws 2009, ch. 16, § 4.

History. Laws 1984, ch. 47, § 3; 1987, ch. 90, § 1; 1988, ch. 80, § 1; 1991, ch. 163, § 1; ch. 224, § 1; ch. 255, § 1; 1992, ch. 14, § 1; 1993, ch. 48, § 1; 1996, ch. 52, § 1; 1997, ch. 154, § 2; 1998, ch. 5, § 2; 2007, ch. 32, § 1; 2008, ch. 54, § 1; 2009, ch. 16, §§ 2, 4; 2017, ch. 41, § 2; 2018, ch. 108, § 1.

The 2007 amendment, effective July 1, 2007, in (d), substituted “Unless reassigned to a like vehicle of the same owner in the manner and form prescribed by the department” for “Except as otherwise provided.”

The 2008 amendment, effective January 1, 2009, deleted “except that registration for commercial vehicles registered under W.S. 31-18-201 shall expire on March 31 of the succeeding calendar year” at the end of the third sentence in (a).

The 2009 amendment, effective January 1, 2010, repealed former (b) which pertained to applications for a specific license plate; in (g), deleted “Notwithstanding subsection (e) of this section” at the beginning, and substituted “W.S. 31-1-101(a)(xxx)(B)” for “paragraph (j)(ii) of this section”; substituted “W.S. 31-1-101(a)(xxx)(A) and (B)” for “Paragraphs (j)(i) and (ii) of this section” at the beginning of the third sentence of (h); repealed former (j) which defined “annual registration month”; added the proviso and the second and third sentence in (k); and repealed former (m) pertaining to temporary registration as an alternate for nonresident and other vehicle owners.

The 2017 amendment, effective July 1, 2017, deleted former (e) and (f).

The 2018 amendment, effective July 1, 2018, in (h), substituted “in subsection g” for “in subsections (e) through subsection (g)” preceding “of this section” in three places.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Election to register vehicles in county. —

Laws 1987, ch. 90, § 3, provides: “A county treasurer with the approval of the board of county commissioners may elect to register vehicles in his county under W.S. 31-2-206(h) as it appears in section 1 of this act in lieu of the procedure specified under W.S. 31-2-206(e) through (g) for the 1989 and succeeding registration years, shall notify the department not later than April 1, 1988, of that election and shall provide adequate publicity to county residents about the election.”

§ 31-2-207. Publicly owned vehicles.

Upon application the department shall issue distinctive license plates indicating public ownership for vehicles owned by the United States, state of Wyoming, a county, city, town or political subdivision of Wyoming or a joint powers board under W.S. 16-1-101 through 16-1-109 . A distinctive license plate under this section may be issued to any public entity specified in this section, provided that the public entity or another public entity specified in this section owns the vehicle and the public entity applying for the distinctive license plate has the authority to possess and operate the vehicle in fulfillment of its public purpose. Upon presentation of proper credentials and identification of the applicant the department shall issue license plates not disclosing public ownership of a vehicle to investigative agencies of Wyoming and the criminal investigative agencies of the department of justice, department of defense and department of the treasury of the United States and the records of the department shall not disclose the public ownership of the vehicles.

History. Laws 1984, ch. 47, § 3; 1999, ch. 47, § 1.

Cross references. —

As to division of criminal investigation, see § 9-1-611 .

Irrigation district does not come within purview of this section, so as to enable it to claim exemption from paying license fee on motor vehicles owned by the district. State ex rel. Goshen Irrigation Dist. v. Hunt, 49 Wyo. 497, 57 P.2d 793, 1936 Wyo. LEXIS 58 (Wyo. 1936) (applying rule of strict construction).

§ 31-2-208. [Renumbered.]

Renumbered as § 31-2-221 by Laws 2009, ch. 16, § 3.

Cross references. —

As to fees for prestige license plates, see § 31-3-102(a)(viii).

Editor's notes. —

Laws 2009, ch. 16, § 3, effective January 1, 2010, amended and renumbered this section as § 31-2-221 .

§ 31-2-209. [Renumbered.]

Renumbered as § 31-2-222 by Laws 2009, ch. 16, § 3.

Cross references. —

As to fees for radio amateur license plates, see § 31-3-102(a)(xiv).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Editor's notes. —

Laws 2009, ch. 16 § 3, effective January 1, 2010, amended and renumbered this section as § 31-2-222 .

§ 31-2-210. [Renumbered.]

Amended and renumbered as § 31-2-223 by Laws 2009, ch. 16, § 3.

Cross references. —

As to fees for antique motor vehicles, see § 31-2-223 .

Editor's notes. —

Laws 2009, ch. 16, § 3, effective January 1, 2010, amended and renumbered this section as § 31-2-223 .

§ 31-2-211. [Renumbered.]

Renumbered as § 31-18-404 by Laws 1993, ch. 68, § 4.

Cross references. —

For present provisions concerning the use of dealer plates and temporary permits, see § 31-18-404 .

§ 31-2-212. Loss, mutilation or destruction of registration, plates or validation stickers.

Upon loss, mutilation or destruction of a certificate of registration, license plate, or validation sticker the owner of a vehicle may obtain a duplicate certificate of registration, new license plates or validation stickers from any county treasurer or the department if the vehicle was registered or plates or stickers were issued by the department upon application showing the loss, mutilation or destruction, return of mutilated plates or stickers and payment of the duplicate registration, plate or sticker fee. For those vehicles registered under the provisions of W.S. 31-2-213(h), 31-2-215 through 31-2-223 , 31-2-226 , 31-2-227 or 31-2-229 through 31-2-231 replacement duplicate license plates may be obtained upon application with the county treasurer from which the original plates were purchased or the department if applicable, accompanied by fees as provided by W.S. 31-3-102(a)(vi)(C). Duplicate license plates obtained under this section to replace lost or stolen plates shall not be displayed on the vehicle until the validation stickers on the lost or stolen plates have expired. Upon loss, mutilation or destruction of a dealer plate or validation sticker the dealer may obtain a replacement dealer plate or validation sticker from the county treasurer from which he purchased the original plate in the same manner as the owner of a vehicle and upon payment of the appropriate fee under W.S. 31-3-102(a)(vi). Obtaining a replacement plate is not the purchase of an additional plate under W.S. 31-16-125(b)(i). Upon application for new license plates or stickers the county treasurer shall notify the department and the county sheriff as soon as possible of the loss, mutilation or destruction. The department shall notify the appropriate law enforcement agencies of any loss, mutilation or destruction of license plates or stickers.

History. Laws 1984, ch. 47, § 3; 1985, ch. 67, § 1; 1995, ch. 127, § 1; 2004, ch. 130, § 1; 2009, ch. 16, § 2; 2021, ch. 64, § 1.

The 2004 amendment, substituted “W.S. 31-16-125(b)(i)” for “W.S. 31-2-301(f).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2009 amendment, effective January 1, 2010, in the first sentence, substituted “31-2-213(h) or 31-2-215 through 31-2-223 ” for “31-2-206(b), 31-2-207 through 31-2-209 , 31-2-213(h) or 31-2-215 through 31-2-217 ” and “31-3-102(a)(vi)(C)” for “31-3-102(a)(vi)(A)” at the end.

The 2021 amendment, effective July 1, 2021, in the second sentence, added "31-2-226, 31-2-227 or 31-2-229 through 31-2-231 " and made a related change.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 31-2-213. Department to supply registration certificates, plates and stickers; removable windshield placards.

1. The department on or before November 1 of each year shall furnish a sufficient quantity of plates or stickers, registration certificates fully completed and ready for reregistration of vehicles registered the previous year and a “vehicle register” to each county treasurer. Each county treasurer shall check and receipt to the department for all plates received and on December 31 of each year shall furnish an abstract showing the number of plates or stickers received and disposed of during the preceding year and the balance on hand which shall be held subject to instructions from the department.
2. The department may issue license plates, except dealer and antique motor vehicle license plates, which shall be valid for not more than eight (8) years if annual validation stickers are attached in the upper left corner of the license plate with the month and year of expiration clearly visible. Department authorized license plates and annual stickers shall be of colors that are readily distinguishable from the previous year.
3. The department shall issue a special tamper resistant removable windshield placard to an applicant submitting a letter from his physician or advanced practice registered nurse stating the applicant has a disability that is expected to last a minimum of twelve (12) months which limits or impairs the ability to walk, or to any person responsible for the regular transportation of eligible persons with a disability that is expected to last a minimum of twelve (12) months which limits or impairs the ability to walk who submits such a letter on behalf of an eligible person. The placard shall display the international symbol of access. When a vehicle is parked in an area reserved for the handicapped, the placard shall be suspended from the rearview mirror inside the vehicle, so as to be in plain view of any person looking through the front windshield of the vehicle from the sidewalk or roadside. For motor vehicles which do not have rearview mirrors, the placard shall be displayed on the dashboard of the parked vehicle, on the side nearest the curb or roadside. Upon request, one (1) additional placard shall be issued to applicants who have not been issued special license plates.
4. As used in this section:
   1. “International symbol of access” means the symbol adopted by rehabilitation international in 1969 at its eleventh world congress on rehabilitation of the disabled;
   2. “Eligible person” means a person with disabilities which limit or impair the ability to walk as determined by a licensed physician or advanced practice registered nurse, including:
      1. An inability to walk two hundred (200) feet without stopping to rest;
      2. An inability to walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;
      3. A restriction by lung disease to such an extent that the person’s forced expiratory volume for one (1) second when measured by spirometry is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;
      4. Requires use of portable oxygen;
      5. Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as class III or class IV according to standards established by the american heart association;
      6. A severe limitation on the ability to walk due to an arthritic, neurological or orthopedic condition; or
      7. A severe visual or audio impairment that limits the person’s mobility.
   3. “Special license plate” means a license plate that displays the international symbol of access:
      1. In a color that contrasts to the background; and
      2. The plate shall consist of the arabic numerals designating the county in which issued at the left, followed by the bucking horse and rider emblem and a distinctive combination of up to three (3) numbers and letters as determined by the department, followed by the international symbol of access. After the county number on the left-hand end, the license plate may also contain a distinctive symbol or letters, as determined by the department, indicating the vehicle type. A special license plate issued for a motorcycle shall not be less than three (3) inches wide and six (6) inches long and shall contain the international symbol of access and appropriate identification which may be in lieu of the bucking horse and rider emblem.
   4. “Removable windshield placard” means a two (2) sided, tamper resistant, hooked placard which includes on each side:
      1. The international symbol of access, which is at least three (3) inches in height, centered on the placard and is blue or white on a contrasting white or blue background;
      2. An identification number;
      3. The seal or other identification of the issuing authority;
      4. An expiration date.
5. Application forms for removable windshield placards shall contain the following information:

   CONDITIONS AND RESTRICTIONS

6. Applications for temporary and special removable windshield placards and special license plates, shall be submitted as provided by rules and regulations of the department. The rules and regulations shall conform to federal regulations adopted pursuant to P.L. 100-641, 102 Stat. 3335.
7. The department shall issue a temporary removable windshield placard under the same procedures and subject to the same conditions as provided in subsections (c) through (e) of this section except:
   1. The disability which limits or impairs the ability to walk shall be one expected to last not more than six (6) months;
   2. The temporary placard shall:
      1. Be of a design readily distinguishable from that of the special placard by having the word “temporary” overprinted on the placard; and
      2. Expire on and bear an expiration date which shall be visible from outside the vehicle when the card is properly displayed under subsection (c) of this section and be based on the information in the physician’s letter.
8. Effective January 1, 1993, any person eligible for a special placard under subsection (c) of this section may apply to the county treasurer for special license plates for a motor vehicle owned by that person. Special license plates shall not be issued to any person who is eligible only for a temporary removable windshield placard under subsection (g) of this section. Special plates issued under this subsection are subject to the following:
   1. The plates shall be displayed only upon the vehicle for which issued;
   2. The plates shall be the same color as regular motor vehicle license plates and shall display the international symbol of access;
   3. Repealed by Laws 1995, ch. 127, § 2.
   4. Repealed by Laws 2011, ch. 111, § 2.
   5. Any vehicle registered under this subsection is subject to this article except for provisions under W.S. 31-2-204 prescribing the type of number for license plates;
   6. The department shall prepare necessary forms and adopt necessary rules and regulations to implement this subsection;
   7. Any individual who is issued special license plates under this subsection may be issued one (1) placard;
   8. The county treasurer shall issue a set of plates for each vehicle and a special license plate for each motorcycle registered to a qualified applicant under this subsection upon payment of required fees.
9. Special license plates or removable windshield placards displaying the international symbol of access, as adopted by rehabilitation international in 1969 at its eleventh world congress on rehabilitation of the disabled, is the only symbol recognized in Wyoming for identification of vehicles used for transporting any eligible person under this section. Wyoming recognizes and grants reciprocity to licenses and placards displaying the international symbol of access which have been issued by other states or countries.
10. Any person who is guilty of fraudulent or other misuse of the permit issued under this section is subject to a fine of not more than one hundred dollars ($100.00) for the first offense. Upon receiving notice of a conviction under this subsection from the court, the department shall suspend the handicapped parking permit for a period not to exceed sixty (60) days. For a subsequent conviction under this subsection, an individual is subject to a fine of not more than two hundred fifty dollars ($250.00) and the department shall suspend the handicapped parking permit for a period not to exceed six (6) months.

1. This placard is nontransferable. It is unlawful to loan this placard to any person for any reason, regardless of whether that person is handicapped.
2. The placard shall be suspended from the rearview mirror inside the vehicle, so as to be in plain view of any person looking through the windshield of the vehicle from the sidewalk or roadside. For motor vehicles which do not have rearview mirrors, the placard shall be displayed on the dashboard of the parked vehicle, on the side nearest the curb or roadside.
3. Any fraudulent or other misuse of the placard may result in withdrawal of the placard from the holder pursuant to subsection (k) of this section.
4. The placard shall be surrendered to the issuing authority upon death of the holder or when the holder is no longer disabled.

History. Laws 1984, ch. 47, § 3; 1985, ch. 27, § 1; 1991, ch. 241, § 3; 1992, ch. 49, § 1; 1995, ch. 127, §§ 1, 2; 1999, ch. 80, § 1; 2009, ch. 16, § 2; ch. 45, § 1; 2011, ch. 111, §§ 1, 2; 2014, ch. 112, § 1; 2015, ch. 83, § 1.

The 2009 amendments. —

The first 2009 amendment, by ch. 16, § 2, effective January 1, 2010, substituted “in the upper left corner of the license plate with the month and year of expiration clearly visible” for “covering the original year designation on the plate” in (b).

The second 2009 amendment, by ch. 45, § 1, effective July 1, 2009, in (d)(iii)(B), inserted “as determined by the department” and added the second sentence; and inserted “and one (1) special license plate for a motorcycle” in (h)(iv).

The 2015 amendment, effective July 1, 2015, inserted “or advanced practice registered nurse” in the first sentence in (c) and the introductory language of (d)(ii).

The 2011 amendment, effective July 1, 2011, repealed former (h)(iv), which read: “One (1) set of plates and one (1) special license plate for a motorcycle shall be issued by the county treasurer to each qualified applicant under this subsection upon payment of required fees”; and added (h)(viii).

The 2014 amendment, effective July 1, 2014, in (d)(iii)(B), added “After the county number on the left-hand end, the license plate may also contain a distinctive symbol or letters, as determined by the department, indicating the vehicle type.”

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Federal reference. —

P.L. 100-641, referred to in the second sentence in subsection (f), appears as a note following 23 U.S.C. § 402.

§ 31-2-214. Transfer of ownership.

1. Except as provided by subsections (b) through (d) of this section, upon transfer of ownership of a vehicle the registration of the vehicle expires and the original owner shall immediately remove the license plates from the vehicle. Within sixty (60) days after acquiring another vehicle for which the license plates would be proper, the original owner may file an application for the transfer of the license registration number to a vehicle acquired by him accompanied by the fees based on the amount which would be due on a new registration as of the date of transfer less any credit for the unused portion of the original registration fees for the original vehicle for the assignment of the plates to the recently acquired vehicle subject to the following:
   1. All vehicles of the current model year as designated by the manufacturer thereof shall, for the payment of the county registration fee thereon, be considered in the first year of service regardless of the date of purchase;
   2. The state fee shall be calculated by multiplying the amount prescribed by W.S. 31-3-101(a)(ii) times the number of full months remaining in the registration year divided by twelve (12) and rounding to the next highest dollar;
   3. If a license registration is transferred from a vehicle where the fee was greater than the vehicle to which the license registration is being transferred, there shall be no refund of fees paid.
2. Upon transfer of ownership of a vehicle held in joint ownership between two (2) or more of the joint owners, or by a person to the person’s spouse, child, brother, sister or parent, upon application and payment of the proper fee, the county treasurer shall issue a new registration reflecting the changed ownership and cancel the previous registration. The vehicle may then be operated with the same license plates for the remainder of the registration year.
3. Upon termination of a lease agreement, the balance of registration fees paid for the leased vehicle may be transferred to a replacement motor vehicle, whether owned or leased. The license plates may also be transferred by lessee if the transfer is to a like motor vehicle.
4. Upon termination of ownership of a motor vehicle, the balance of the existing registration fees which have been paid for the motor vehicle may be transferred to a replacement motor vehicle that is to be leased if the lease occurs within forty-five (45) days after the termination of ownership. The license plates may also be transferred if the transfer is to a like motor vehicle.

History. Laws 1984, ch. 47, § 3; 1987, ch. 90, § 1; 1994, ch. 12, § 1; 2009, ch. 16, § 2; 2015, ch. 31, § 1.

The 2009 amendment, effective January 1, 2010, substituted “forty-five (45)” for “ten (10)” in (a).

The 2015 amendment, effective January 1, 2016, in the second sentence in (a), substituted “sixty (60) days” for “forty-five (45) days.”

Purchaser with trade-in receives credit for unused portion of original registration fees. —

According to the provisions of this section, a person who purchases a motor vehicle from a dealer, with his old vehicle given in exchange, will register the new vehicle and receive full credit for the unused portion of the registration fees paid by him in the original registration. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

§ 31-2-215. Disabled veteran's license plates.

1. A disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran’s affairs and who is a resident at the time of initial application and renewal application under subsection (b) of this section, may apply for distinctive license plates for a passenger car, pickup truck, motorcycle or multipurpose vehicle owned or leased by him upon registration of the vehicle. These license plates shall be displayed upon the vehicle for which they are issued. A disabled veteran may purchase one (1) additional pair of license plates as provided in this section for either a motorcycle or a multipurpose vehicle upon payment of regular fees provided in this article. The license plates shall bear a distinctive symbol or letters identifying the registrant as a disabled veteran. The department shall prescribe the symbol or letters which shall not include arabic numerals designating the county.
2. Application for license plates under subsections (a) and (e) of this section shall be annually made to the county treasurer as provided by this article, except application shall be made not less than thirty (30) days before the last day of the applicant’s annual registration month. Application forms shall be available at all county treasurer’s offices. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
3. The county treasurer shall only issue one (1) pair of license plates annually that are exempt as provided by W.S. 31-3-101(b)(xv) to each applicant under this section.
4. Repealed by Laws 2017, ch. 48, § 2.
5. In lieu of the disabled veterans plate described in subsection (a) of this section, a veteran who qualifies for a special license plate under this section may select to receive any distinctive license plate authorized by this chapter for which the veteran qualifies and which is related to service in the military. Application for the license plate selected shall be made pursuant to subsection (b) of this section and may require verification by the Wyoming veterans’ commission as otherwise required by this chapter. Unless otherwise provided by law, any veteran applying for a license plate under this subsection shall be responsible for payment of the registration fees prescribed by W.S. 31-3-101 and no additional fee shall be charged.

History. Laws 1984, ch. 47, § 3; 1987, ch. 164, § 2; 1991, ch. 241, § 3; 2001, ch. 183, § 1; 2003, ch. 55, § 1; 2005, ch. 37, § 1; 2009, ch. 16, § 2; 2011, ch. 26, § 1; 2015, ch. 93, § 1; 2017, ch. 48, § 2; 2020, ch. 87, § 1.

Cross references. —

As to general registration fees, see § 31-3-101 .

The 2005 amendment, effective July 1, 2005, in (a), substituted “United States department of veteran’s affairs and who is a resident at the time of application under subsection (b) of this section” for “veteran’s administration,” inserted “other than a bus or motor home” after “motor vehicle”; and in (b), inserted “except application shall be made not less than thirty (30) days before the last day of the applicant's annual registration month” at the end of the first sentence, and deleted the former last sentence which read: “The normal registration fees shall accompany each application.”

The 2009 amendment, effective July 1, 2010, inserted “commercial vehicle, motorcycle, multipurpose vehicle” and “or leased”; and substituted “this article” for “W.S. 31-2-201 ” in (b).

The 2011 amendment, effective July 1, 2011, in (b), substituted “subsections (a) and (e)” for “subsection (a),” and added the last sentence; and added (e).

The 2015 amendment, effective July 1, 2015, in (a), substituted “time of initial application and renewal” for “time of application” and “passenger car, pickup truck, motorcycle or multipurpose vehicle” for “motor vehicle, other than a commercial vehicle, motorcycle, multipurpose vehicle, bus or motor home” in the first sentence, and inserted the present second sentence; in (c), inserted “annually that are exempt as provided by W.S. 31-3-101(a)(xv)”; and made related changes.

The 2017 amendment, effective July 1, 2017, repealed former (d), which read: “A veteran who qualifies for a special license plate under this section may apply to the veterans' commission for a veteran license sticker authorized under W.S. 31-2-204(b) for each vehicle owned and registered under the name of the veteran. Upon verification by the Wyoming veterans' commission that the veteran was honorably discharged from service and specifying the conflict service of the veteran and payment of the fee established by the commission, the commission shall issue the veteran license sticker for each vehicle for which the veteran has paid the fee established by the commission."

The 2020 amendment, effective July 1, 2020, in (c) substituted “W.S. 31-3-101(b)(xv)” for “W.S. 31-3-101(a)(xv).”

§ 31-2-216. Special plates; former prisoners of war.

1. The county treasurer shall issue one (1) set of special license plates for either a passenger car, truck or motor home owned or leased by a former prisoner of war in accordance with this section for the year 1988 and thereafter.
2. Any person eligible under subsection (d) of this section for the special license plate provided by this section may apply for additional special license plates upon the payment of any fees required by this act.
3. The special license plates shall be the same color as regular motor vehicle license plates but shall be designed so as to indicate that the owner of the motor vehicle is a former prisoner of war and need not include arabic numerals for the county.
4. Any person who, while serving in the armed forces of the United States, was incarcerated by an enemy of the United States during a period of conflict with the United States may use the special license plate for former prisoners of war provided by this section. Any applicant for special license plates under this section shall be a Wyoming resident at the time of application.
5. Vehicles registered under this section are subject to all other provisions of this article except those relating to the type of number license plates under W.S. 31-2-204 .
6. Except as provided in subsection (b) of this section, no fee shall be charged for the license plates provided by this section.
7. All applications for special license plates provided by this section shall be made directly to the county treasurer at least thirty (30) days before registration of the vehicle expires. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
8. Repealed by Laws 2017, ch. 48, §  2.

History. Laws 1987, ch. 164, § 1; 2001, ch. 183, § 1; 2003, ch. 55, § 1; 2009, ch. 16, § 2; 2017, ch. 48, § 2.

The 2009 amendment, effective January 1, 2010, inserted “or leased” in (a).

The 2017 amendment, effective July 1, 2017, repealed former (h), which read: “A veteran who qualifies for a special license plate under this section may apply to the veterans' commission for a veteran license sticker authorized under W.S 31-2-204(b) for each vehicle owned and registered under the name of the veteran. Upon verification by the Wyoming veterans' commission that the veteran was honorably discharged from service and specifying the conflict service of the veteran and payment of the fee established by the commission, the commission shall issue the veteran license sticker for each vehicle for which the veteran has paid the fee established by the commission.”

Meaning of “this act.” —

For the definition of “this act,” as referred to in subsection (b), see § 31-1-101(a)(xxii).

§ 31-2-217. Special plates; Pearl Harbor survivors; national guard members; armed forces veterans; purple heart recipients.

1. The county treasurer shall issue one (1) set of special license plates to each applicant for either a passenger car, truck, motorcycle, handicapped motorcycle or motor home owned or leased by a survivor of Pearl Harbor, a member of the Wyoming army or air national guard a purple heart recipient or honorably discharged veteran of the United States armed forces in accordance with this section for the year 1990 and thereafter. For the year 1993 and thereafter, the county treasurer shall issue one (1) set of special license plates to each applicant for either a passenger car, truck, motorcycle, handicapped motorcycle or motor home owned by a purple heart recipient. These license plates shall be displayed upon the vehicle for which they are issued.
2. Application for license plates under subsection (a) of this section shall be annually made to the county treasurer as provided by this article. Application forms shall be available at all county treasurer’s offices. The registration fees prescribed by W.S. 31-3-101 shall accompany each application, except as provided in subsection (j), no additional fee shall be charged for the license plates provided by this section.
3. Any person eligible under subsection (e) of this section for the special license plate provided by this section may apply for additional special license plates upon the payment of any fees required by this act.
4. The special license plates shall be the same color as regular motor vehicle license plates, but shall bear a distinctive symbol or letters identifying the registrant as a survivor of Pearl Harbor, a member of the Wyoming army or air national guard, a purple heart recipient or as a veteran of the United States armed forces. The armed forces license plate shall specify the branch of service in which the applicant served, or is serving. The department shall prescribe the symbol or letters which need not include arabic numerals designating the county. The symbol or letters for a survivor of Pearl Harbor license plate shall be different from the symbol or letters for a national guard member, and for the armed forces license plate as well as a purple heart recipient license plate.
5. Any person who is a Wyoming resident at the time of application may apply under this section for:
   1. A national guard license plate if he presents documentation that he:
      1. Is currently serving in an active or retired status of the Wyoming national guard; or
      2. Is the surviving spouse of a deceased Wyoming national guard member who was issued a license plate under this paragraph prior to death and the spouse is drawing a military survivor annuity.
   2. A Pearl Harbor survivor license plate if he presents documentation that he:
      1. Was a member of the United States Armed Forces on December 7, 1941;
      2. Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three (3) miles; and
      3. Received an honorable discharge from the United States Armed Forces; or
      4. Is the surviving spouse of a deceased survivor of Pearl Harbor otherwise complying with subparagraphs (A) through (C) of this paragraph.
   3. A purple heart recipient license plate if he is an official recipient of the United States military purple heart award with document proof thereof. The surviving spouse of a deceased purple heart award recipient who was issued a license plate under this paragraph prior to death shall be permitted to retain the license plate until the license plate is required to be replaced with a new license plate;
   4. An armed forces license plate by presenting documentation that he is an honorably discharged veteran of the United States armed forces.
6. Vehicles registered under this section are subject to all other provisions of this article except those relating to the type of number license plates under W.S. 31-2-204 .
7. All applications for special license plates provided by this section shall be made directly to the county treasurer at least thirty (30) days before registration of the vehicle expires. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
8. Repealed by Laws 2017, ch. 48, §  2.
9. Each applicant for an armed forces special license plate shall submit an application fee of twenty dollars ($20.00) upon which the Wyoming veteran’s commission shall issue a written statement establishing the applicant’s eligibility to receive an armed forces license plate from the county treasurer. Fees collected under this subsection shall be deposited into the veterans’ commission expendable trust fund. Application for and any renewal of an armed forces special license plate shall be subject to the requirements of this article and the payment of the fee required by W.S. 31-3-102(a)(viii).
10. The department of transportation shall include within its biennial budget request submitted under W.S. 9-2-1013 a report identifying the actions taken and monies expended pursuant to this section for each of the immediately preceding two (2) fiscal years.

History. Laws 1989, ch. 251, § 1; 1991, ch. 86, § 1; ch. 241, § 3; 2001, ch. 183, § 1; ch. 198, § 1; 2003, ch. 55, § 1; 2009, ch. 16, § 2; ch. 80, § 1, ch. 179, § 1; 2010, ch. 40, § 1; 2014, ch. 7, § 2; 2017, ch. 48, § 2.

The 2009 amendments. —

The first 2009 amendment, by Laws 2009, ch. 16, § 2, effective January 1, 2010, inserted “or leased” in the first sentence of (a); and substituted “this article” for “W.S. 31-2-201 ” in (b).

The second 2009 amendment, by Laws 2009, ch. 80, § 1, added the (e)(i)(A) and (e)(i)(B) designations and added the second sentence in (e)(iii).

Laws 2009, ch. 80, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 27, 2009.

The third 2009 amendment, by Laws 2009, ch. 179, § 1, effective January 1, 2010, in (a), inserted “motorcycle, handicapped motorcycle” preceding “or motor home” in two places and, in the second sentence, inserted “a purple heart recipient or honorably discharged veteran of the United States armed forces” following “air national guard”; in (b), inserted “except as provided in subsection (j),” preceding “no additional fee”; in (d), in the first sentence, added “or as a veteran of the United States armed forces” at the end, added the second sentence, and in the last sentence, inserted “and for the armed forces” preceding “license plate”; added (e)(iv); and added (j).

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2010 amendment, effective July 1, 2010, in (j), substituted “an application fee of twenty dollars ($20.00)” for “a fee of fifty dollars ($50.00),” substituted “Fees collected under this subsection” for “The fee,” substituted “veterans' commission expendable trust fund” for “highway fund,” and added the third sentence; and added (k).

The 2014 amendment, rewrote (k).

The 2017 amendment, effective July 1, 2017, repealed former (h), which read: “A veteran who qualifies for a special license plate under this section may apply to the veterans' commission for a veteran license sticker authorized under W.S 31-2-204(b) for each vehicle owned and registered under the name of the veteran. Upon verification by the Wyoming veterans' commission that the veteran was honorably discharged from service and specifying the conflict service of the veteran and payment of the fee established by the commission, the commission shall issue the veteran license sticker for each vehicle for which the veteran has paid the fee established by the commission.”

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

§ 31-2-218. Firefighter's license plates.

1. A firefighter employed by a city, county, state or duly created fire protection district, a volunteer firefighter as defined by W.S. 35-9-616(a)(x) or a firefighter retired from his department with at least ten (10) years of service may apply for distinctive license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by him upon registration of the vehicle. If the firefighter became a member of a bona fide fire department after January 1, 1995, he shall have a minimum of one (1) year service with the fire department and be firefighter one certified or engine boss wildfire certified in order to apply for the license plate. The fire chief or his designated assistant shall sign a written statement that the applicant is eligible to obtain the license plate. A written statement of eligibility for a retired firefighter shall be signed only by the fire chief. License plates issued under this section shall be displayed upon the vehicle for which they are issued. The license plates shall bear a distinctive symbol and letters identifying the registrant as a firefighter.
2. Application for license plates under subsection (a) of this section shall be annually made to the county treasurer as provided by this article. The written statement of eligibility required under subsection (a) of this section shall be presented to the county treasurer before a license plate may be issued, provided that the written statement shall only be required for a retired firefighter at the time of first application and shall not be required for renewals or subsequent applications by the same retired firefighter. Application forms shall be available at all county treasurer’s offices. The fee required under W.S. 31-3-102(a)(viii) shall accompany each application.
3. Except as otherwise provided in subsection (b) of this section for a retired firefighter, no license plate or renewal sticker shall be issued under this section without written statement of eligibility required under subsection (a) of this section. All applications for special license plates provided by this section shall be made directly to the county treasurer at least thirty (30) days before registration of the vehicle expires.
4. The department of transportation may prepare any special forms and issue any rules and regulations necessary to carry out this section. A license plate issued under this section shall meet the Wyoming department of transportation’s requirements under W.S. 31-2-217(d) relating to the symbol or letters appearing on the license plate.
5. Repealed by Laws 2012, ch. 98, § 2.

History. Laws 2003, ch. 6, § 1; 2009, ch. 16, § 2; 2012, ch. 98, § 2; 2013, ch. 106, § 1; 2016, ch. 84, § 1; 2017, ch. 172, § 1.

The 2009 amendment, effective January 1, 2010, in (a), inserted “that is not a commercial vehicle or multipurpose vehicle” and “or leased”; and substituted “this article” for “W.S. 31-2-201 ” in (b).

The 2012 amendment, repealed former (e), which read: “Unless one thousand (1,000) license plates are issued under this section before December 31, 2008, the plate authorized under this section shall be eliminated from production and the department of transportation shall report the cessation of production to the legislature not later than January 15, 2009.”

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

The 2013 amendment, effective July 1, 2013, substituted the comma for “or” following “protection district,” added “or a firefighter retired from his department with at least ten (10) years of service” following “ W.S. 35-9-601 ,” and added the fourth sentence in (a).

The 2016 amendment , effective July 1, 2016, in (b), inserted “provided that the written statement shall only be required for a retired firefighter at the time of first application and shall not be required for renewals or subsequent applications by the same retired firefighter” at the end of the second sentence, and substituted “Except as otherwise provided in subsection (b) of this section for a retired firefighter, no” for “No” at the beginning of (c).

The 2017 amendment, effective July 1, 2017, toward the beginning substituted “35-9-616(a)(x)” for “35-9-601.”

§ 31-2-219. University of Wyoming license plates.

1. Any person required to register a vehicle in Wyoming pursuant to this article may apply to the University of Wyoming for a statement of eligibility for distinctive University of Wyoming license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by the applicant upon registration of the vehicle. Upon payment by the applicant of a fee of one hundred dollars ($100.00) established and assessed by the University of Wyoming, the university shall issue a written statement of eligibility for University of Wyoming license plates. Application shall be made at least thirty (30) days before registration of the vehicle expires. Any fees collected under this section shall be payable to the University of Wyoming, shall be deposited in a separate account and are continuously appropriated for use as provided in W.S. 21-17-118 . The fee authorized under this section may be increased annually up to the percentage increase as shown by the Wyoming cost-of-living index as determined by the division of economic analysis of the department of administration and information.
2. License plates issued under this section shall be displayed upon the vehicle for which they are issued.
3. Except as provided in this section, application for, issuance and renewal of University of Wyoming license plates shall be subject to the same requirements and fees as provided in this article. The fee required under W.S. 31-3-102(a)(viii) shall accompany each application.
4. The department shall prescribe the design of the special license plate authorized by this section, which shall include an image of the bucking horse and rider as described in W.S. 8-3-117 , in consultation with the University of Wyoming, the University of Wyoming Alumni Association and the secretary of state’s office, and arrange for production of the license plates. Following initial approval, University of Wyoming plates shall be subject to redesign on the same schedule as all license plates beginning with the year 2017 reissuance. The license plates shall be issued by the county treasurer of each county.
5. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
6. Repealed by Laws 2012, ch. 98, § 2.

History. Laws 2007, ch. 213, § 1; 2009, ch. 16, § 2; 2012, ch. 98, § 2.

Effective dates. —

Laws 2007, ch. 213, § 2, enacts this section effective January 1, 2008.

The 2009 amendment, effective January 1, 2010, in (a), substituted “this article” for “W.S. 31-2-201 ,” inserted “that is not a commercial vehicle or multipurpose vehicle” and “or leased.”

The 2012 amendment, repealed former (f), which read: “Unless one thousand (1,000) sets of license plates are issued under this section before December 31, 2016, the plate authorized under this section shall be eliminated from production and the department shall report the cessation of production to the legislature not later than January 15, 2017.”

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

§ 31-2-220. Emergency medical technician's license plates.

1. Any person certified by the department of health as an emergency medical technician may apply for distinctive license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by that person upon registration of the vehicle. These license plates shall be displayed upon the vehicle for which they are issued. The license plates shall bear a distinctive symbol and letters identifying the registrant as an emergency medical technician.
2. Application for license plates under subsection (a) of this section shall be annually made to the county treasurer as provided by this article. A written statement of eligibility, accompanied by a copy of the applicant’s current emergency medical technician certification, shall be presented to the county treasurer before a license plate or renewal sticker may be issued. Application forms shall be available at all county treasurer’s offices. The normal registration fees and the fee required under W.S. 31-3-102(a)(viii) shall accompany each application. A person issued distinctive license plates pursuant to this section who is no longer a certified emergency medical technician shall apply for regular license plates pursuant to this article before registration of the vehicle expires.
3. All applications for special license plates provided by this section shall be made directly to the county treasurer at least thirty (30) days before registration of the vehicle expires. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
4. The special license plates shall be the same size and color as regular motor vehicle license plates but shall be designed so as to indicate that the owner of the motor vehicle is an emergency medical technician and need not include arabic numerals for the county.

History. Laws 2007, ch. 97, § 1; 2009, ch. 16, § 2.

The 2009 amendment, effective January 1, 2010, in (a), inserted “that is not a commercial vehicle or multipurpose vehicle” and “or leased”; and substituted “this article” for “W.S. 31-2-201 ” twice in (b).

Editor's notes. —

Laws 2007, ch. 97, § 1, and ch. 213, § 1, both added a § 31-2-219 . The provisions added by ch. 97 have been redesignated as § 31-2-220 at the direction of the Legislative Service Office.

Effective dates. —

Laws 2007, ch. 97, § 2, makes the act effective July 1, 2007.

§ 31-2-221. Prestige license plates.

Excluding dealer, antique, specialty, apportioned, publicly owned vehicle and radio amateur license plates, upon payment of the regular registration fees prescribed by W.S. 31-3-101 and a prestige license plate fee and application to the department, the distinctive license plate number assigned to a vehicle may consist of such combination of alphabetical letters or arabic numerals not currently held nor requested by any vehicle owner in the same county if approved by the department. Application shall be made to the department not later than sixty (60) days before the first day of the annual registration month for the vehicle. An owner having prestige license plates is entitled to the first priority for similar plates upon timely and proper application for license plates. A request for renewal of the registration for the prestige license plate may be made to a county treasurer for issuance of a renewal registration and validation sticker.

History. Laws 1984, ch. 47, § 3; 1987, ch. 90, § 1; 2009, ch. 16, § 3.

The 2009 amendment, effective January 1, 2010, inserted “antique, specialty, apportioned, publicly owned vehicle” in the first sentence.

Editor's notes. —

Laws 2009, ch. 16, § 3, effective January 1, 2010, amended and renumbered former § 31-2-208 as § 31-2-221 , effective January 1, 2010.

§ 31-2-222. Radio amateur license plates.

A resident who is the owner of a motor vehicle that is not a commercial vehicle or multipurpose vehicle and who is licensed by the federal communications commission to engage in private and experimental two-way radio operation and holding a bona fide novice class license or higher may apply to the department for radio amateur license plates for one (1) passenger car and one (1) pickup truck only whereby the distinctive license plate number assigned to the motor vehicles shall consist of the figures and letters that make up the call sign of the radio amateur as issued by the federal communications commission. Upon payment of the additional radio amateur license plate fee the department shall furnish radio amateur license plates of such size and design as prescribed by the department to the county treasurer of the county in which the approved applicant resides. The county treasurer shall issue the plates to the applicant upon payment of the regular registration fees. A request for renewal of the registration for the radio amateur license plate may be made to a county treasurer for issuance of a renewal registration and validation sticker. The department may promulgate rules and regulations as provided by the Wyoming Administrative Procedure Act to implement the provisions of this section.

History. Laws 1984, ch. 47, § 3; 1987, ch. 102, § 1; 1995, ch. 67, § 1; 2009, ch. 16, § 3.

The 2009 amendment, effective January 1, 2010, inserted “that is not a commercial vehicle or multipurpose vehicle” in the first sentence.

Editor's notes. —

Laws 2009, ch. 16 § 3, amended and renumbered former section 31-2-209 as § 31-2-222 , effective January 1. 2010.

§ 31-2-223. Antique motor vehicles.

1. Antique motor vehicles may be registered and licensed pursuant to this section.
2. The owner of an antique motor vehicle shall register the vehicle within ten (10) days from the date of acquisition of the vehicle by submitting an application to the department indicating:
   1. The owner has resided in Wyoming for at least one (1) year;
   2. The vehicle is owned and operated solely for the purposes of organized antique car club activities, parades, exhibitions, tours and other related activities and will not be used for general transportation;
   3. The vehicle is titled in Wyoming.
3. Upon receipt of an approved application and payment of fees the vehicle shall be registered and license plates issued therefor. The registration expires upon transfer of ownership of the vehicle. Notwithstanding W.S. 31-2-205(a)(i)(A), a license plate shall only be required to be displayed on the rear of those antique motor vehicles that were originally manufactured to have one (1) license plate.

History. Laws 1984, ch. 47, § 3; 1995, ch. 3, § 1; 2009, ch. 16, § 3.

The 2009 amendment, effective January 1, 2010, substituted “may” for “shall” in (a).

Editor's notes. —

Laws 2009, ch. 16, § 3, effective January 1, 2010, amended and renumbered former § 31-2-210 as § 31-2-223 .

§ 31-2-224. Registration exemptions.

1. The following vehicles are exempt from the provisions of this article:
   1. Transportable homes and the empty frame or frames used to haul transportable homes;
   2. Passenger automobiles or trailers owned by a full-time member of the armed forces of the United States, whether in regular service, organized reserves or national guard, as long as a registration from another state is in effect when the vehicle entered Wyoming and the vehicle is properly registered in accordance with the laws of that state;
   3. Commercial vehicles displaying the registration numbers or plates required by W.S. 31-18-201 and whose operator produces a certificate of registration indicating the vehicle is validly registered pursuant to W.S. 31-18-201 ;
   4. Vehicles granted reciprocity pursuant to W.S. 31-2-203 ;
   5. Vehicles owned by a nonresident, validly registered in another state or country, displaying registration numbers or plates in accordance with the laws of that state or country and:
      1. Not operated for gain or profit in Wyoming nor used for transportation to or from employment in Wyoming; and
      2. Not owned or operated by a person employed in this state, unless that person is a daily commuter from another jurisdiction which exempts vehicles of daily commuters from Wyoming from registration under a reciprocity agreement;
      3. Not operated primarily by a resident found to be in control of a vehicle under W.S. 31-2-201(o).
   6. Vehicles owned by a nonresident, validly registered in another state or country, displaying registration numbers or plates in accordance with the laws of that state or country and:
      1. Operated primarily by a full-time student at the University of Wyoming, a Wyoming community college or a school licensed in this state offering post secondary education;
      2. Used for transportation of nonresident seasonally employed agricultural workers unless the owner of the vehicle becomes a resident under W.S. 31-1-101(a)(xxi)(A); or
      3. Operated primarily by a student enrolled in a post secondary educational institution accredited by a recognized and accepted accrediting agency, or in a parochial, church or religious school as defined by W.S. 21-4-101(a)(iv) offering post secondary education programs, if the institution or school owns or operates an educational program or facility in this state and the student is employed on a temporary basis in that program or facility as part of his educational curriculum.
   7. The following vehicles if validly registered in states contiguous to Wyoming if the contiguous states grant similar exemptions to Wyoming owners of like vehicles:
      1. Trucks, the unladen weight of which does not exceed three thousand five hundred (3,500) pounds; and
      2. Passenger cars while operated by salesmen who make no deliveries.
   8. Mopeds;
   9. Pedestrian vehicles;
   10. Rental vehicles rented in another state or country and validly registered in another state or country, displaying registration numbers or plates in accordance with the laws of that state or country and not being operated for gain or profit in Wyoming nor used for daily transportation to or from employment in Wyoming for a continuous period of more than fourteen (14) days;
   11. Rental vehicles rented in Wyoming from a licensed rental vehicle agency, provided the surcharge is paid pursuant to W.S. 31-3-104 and the vehicle is validly registered in another jurisdiction and displays valid registration or license plates in accordance with the laws of that jurisdiction.
2. Off-road recreational vehicles are not required to be registered. Off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) shall be registered as provided by W.S. 31-2-232 if they are to be operated on public roadways.

History. Laws 2009, ch. 16, § 1; 2017, ch. 148, § 1; 2021, ch. 34, § 2.

The 2017 amendment, effective July 1, 2018, added (a)(v)(C).

The 2021 amendment , effective July 1, 2021, in the first sentence of (b), substituted "are" for "shall," added "required to" and added the second sentence.

Editor's notes. —

“W.S. 31-3-104 ,” referred to in this section, was renumbered as 31-19-105 by Laws 2009, ch. 128, § 3.

Effective dates. —

Laws 2009, ch. 16, § 1, makes the section effective January 1, 2010.

§ 31-2-225. Application requirements; contents; weight certificate; title requirement; liability.

1. Applications for registration of vehicles shall be filed in the office of the county treasurer in person, by regular mail, or if available, electronically, in the county in which the owner of the vehicle resides or in any county in any other case and contain:
   1. Information required by W.S. 31-2-103(a)(i), (ii), (vii) and (ix);
   2. Unladen weight if required to compute fees and taxes;
   3. The purpose for which the vehicle is used and such other information as required by the department or the county treasurer;
   4. Color of the vehicle at the time of registration;
   5. Information regarding whether the owner desires to donate one dollar ($1.00) or more to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts;
   6. The option for the owner to donate an additional amount to provide for wildlife conservation efforts related to the transportation system.
2. The department, county treasurer or any peace officer may cause a truck or trailer to be reweighed at any time and a new weight certificate issued. A copy of the certificate of registration shall be carried at all times in the motor vehicle for which it is valid and shall be displayed upon demand of any peace officer.
3. County treasurers shall not register nor renew the registration of a vehicle unless a certificate of title has been issued to the owner or the owner presents satisfactory evidence that a certificate of title for the vehicle has been previously issued to the owner by any county clerk except:
   1. A county treasurer may register a vehicle without the Wyoming title of an applicant who is an owner, lessee or operator if the vehicle is required to be registered in Wyoming, and the owner, lessee or operator, if applicable, presents proof from any jurisdiction of a current registration and any other requested documentation from any other source necessary to satisfy the treasurer that the applicant is the owner, lessee or otherwise has lawful right to the vehicle as an owner, lessee or operator.
4. Applications for a specific license plate number shall be made to the county treasurer by the last day of the annual registration month. The county treasurer shall determine the number of license plates to be reserved for each license plate type, but in no case shall the number reserved for any registration year for any one (1) type exceed nine thousand nine hundred ninety-nine (9,999).
5. No motor vehicle shall be registered unless the applicant verifies the motor vehicle is covered by a motor vehicle liability policy in full force and effect in amounts provided by W.S. 31-9-405(b) or a bond on file with the department in amounts provided by W.S. 31-9-102(a)(xi). The department shall adopt rules and regulations to implement this subsection. This subsection does not apply to self-insurers under W.S. 31-9-414 . Issuance or renewal of registration by a county treasurer does not constitute verification or certification on the part of the county treasurer that the registered vehicle is in fact covered by required insurance or bond and neither the county treasurer nor any employee of the county treasurer’s office is liable for damages caused by any person operating a registered vehicle in violation of W.S. 31-4-103(a). Proof of insurance shall be carried at all times in the insured vehicle and shall be open for inspection at all times when requested by any peace officer. Any applicant making a false certification required by this subsection or failing to provide proof of insurance on the registered vehicle as required, is guilty of a misdemeanor punishable pursuant to W.S. 31-4-103(a) upon conviction.

History. Laws 2009, ch. 16, § 1; 2020, ch. 32, § 1.

Effective dates. —

Laws 2009, ch. 16, § 1, makes the section effective January 1, 2010.

The 2020 amendment, effective July 1, 2020, added (a)(vi) and made related changes.

§ 31-2-226. Street rods.

1. Street rods shall be registered and licensed pursuant to this section.
2. For any vehicle meeting the definition of a street rod that requires a state assigned vehicle identification number as provided in W.S. 31-11-105 , the model year that is listed on the certificate of title shall be the model year that the body of the vehicle resembles.
3. To register a street rod, the owner shall submit an application to the department indicating:
   1. The owner has resided in Wyoming for at least one (1) year;
   2. The vehicle will be maintained for occasional transportation, exhibitions, club activities, parades, tours and related activities and will not be used for general daily transportation; and
   3. The vehicle is titled in Wyoming.
4. Upon receipt of an approved application and payment of the street rod special license fee the vehicle shall be registered and special license plates issued therefor. The department shall issue a special street rod vehicle license plate of a size and design as prescribed by the department. The registration expires upon transfer of ownership of the vehicle or upon the department’s issuance of a new plate design. The department may promulgate rules and regulations to implement the provisions of this section.
5. Unless the presence of the equipment was specifically required by the laws of this state as a condition of sale for the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.

History. Laws 2009, ch. 46, § 1.

Editor's notes. —

Laws 2009, ch. 46, § 1, enacted this section as § 31-2-221 . It has been redesignated as § 31-2-226 at the direction of the Legislative Service Office.

Effective dates. —

Laws 2009, ch. 46, § 3, makes the act effective July 1, 2010.

§ 31-2-227. Custom vehicles.

1. Custom vehicles shall be registered and licensed pursuant to this section.
2. For any vehicle meeting the definition of a custom vehicle that requires a state assigned vehicle identification number as provided in W.S. 31-11-105 , the model year that is listed on the certificate of title shall be the model year that the body of the vehicle resembles.
3. To register a custom vehicle, the owner shall submit an application to the department indicating:
   1. The owner has resided in Wyoming for at least one (1) year;
   2. The vehicle will be maintained for occasional transportation, exhibitions, club activities, parades, tours and related activities and will not be used for general daily transportation; and
   3. That the vehicle is titled in Wyoming.
4. Upon receipt of an approved application and payment of the custom vehicle special license fee the vehicle shall be registered and special license plates issued therefor. The department shall issue a special custom vehicle license plate of a size and design as prescribed by the department. The registration expires upon transfer of ownership of the vehicle or upon the department’s issuance of a new plate design. The department may promulgate rules and regulations to implement the provisions of this section.
5. Unless the presence of the equipment was specifically required by the laws of this state as a condition of sale for the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.

History. Laws 2009, ch. 46, § 1; 2015, ch. 34, § 1.

The 2015 amendment, effective July 1, 2015, in (d), deleted the former last sentence, which read: “Notwithstanding W.S. 31-2-205(a)(i)(A), for a custom vehicle that was manufactured prior to 1968 or was originally manufactured to have one (1) license plate, a license plate shall only be required to be displayed on the rear of the vehicle.”

Editor's notes. —

Laws 2009, ch. 46, § 1, enacted this section as § 31-2-222 . It has been redesignated as § 31-2-227 at the direction of the Legislative Service Office.

Effective dates. —

Laws 2009, ch. 46, § 3, makes the act effective July 1, 2010.

§ 31-2-228. Embossed license plates.

1. Any person required to register a vehicle in Wyoming pursuant to W.S. 31-2-201 may apply to the department for embossed license plates for any vehicle owned or leased by the applicant upon registration of the vehicle and payment of the fee required by W.S. 31-3-102(a)(xxii). Application for embossed licensed plates for a previously registered vehicle shall be made at least ninety (90) days before the vehicle’s registration expires.
2. License plates issued under this section shall be displayed upon the vehicle for which they are issued.
3. Except as provided in this section, application for issuance and renewal of embossed Wyoming license plates shall be subject to the same requirements and fees as provided in this article. The fee required under W.S. 31-3-102(a)(xxii) shall accompany each application.
4. The department shall prescribe the design of the embossed plate authorized by this section.
5. The department may adopt rules and forms as necessary to implement this section.

History. Laws 2009, ch. 164, § 1.

Editor's notes. —

Laws 2009, ch. 164, § 1, enacted this section as § 31-2-221 . It has been redesignated as § 31-2-228 at the direction of the Legislative Service Office.

Effective dates. —

Laws 2009, ch. 164, § 2, makes the act effective January 1, 2010.

§ 31-2-229. Special plates; gold star.

1. Any person required to register a vehicle in Wyoming pursuant to this article may apply to the Wyoming veteran’s commission for a statement of eligibility for distinctive gold star license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by that person upon registration of the vehicle. Upon payment of the fee required in W.S. 31-3-102(a)(viii) by the department, the Wyoming veteran’s commission shall issue a written statement of eligibility for the gold star plate. Only parents, grandparents, spouses, children or siblings of a member of the United States armed forces who died while in service or who died as a result of the service shall be eligible to receive the gold star plates. Application shall be made at least thirty (30) days before registration of the vehicle expires.
2. License plates issued under this section shall be displayed only on the vehicle for which they are issued.
3. Except as provided in this section, application for, issuance and renewal of gold star license plates shall be subject to the same requirements and fees as provided in this article.
4. The department shall prescribe the design of the gold star license plate authorized by this section in consultation with the Wyoming veteran’s commission and shall arrange for production of the license plates. Following initial approval, the gold star license plates shall be subject to redesign on the same schedule as all license plates beginning with the year 2017 reissuance. The license plates shall be issued by the county treasurer of each county.
5. The department may prepare any special forms and issue rules and regulations necessary to carry out this section.
6. The department of transportation shall include within its biennial budget request submitted under W.S. 9-2-1013 a report identifying the actions taken and monies expended pursuant to this section for each of the immediately preceding two (2) fiscal years.

History. Laws 2010, ch. 41, § 1; 2012, ch. 34, § 1; 2014, ch. 7, § 2.

The 2012 amendment, effective July 1, 2012, added “children or siblings” in (a), and made related changes.

The 2014 amendment, rewrote (f).

Editor's note's. —

Laws 2010, ch. 41, § 2, provides: “In the event 2010 House Bill 0027 passes, three thousand dollars ($3,000.00) of the veterans' commission expendable trust fund shall be expended to cover the costs of the gold star license plates authorized under this act for the period beginning with the effective date of this act and ending June 30, 2012.”

Effective date. —

Laws 2010, ch. 41, § 3, makes the act effective January 1, 2011.

§ 31-2-230. Tribal license plates.

1. Any person required to register a vehicle in Wyoming pursuant to this article may apply for distinctive Eastern Shoshone Indian tribe license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by the applicant upon registration of the vehicle. The department, in consultation with the business council of the Eastern Shoshone Indian tribe, shall prescribe the design of the Eastern Shoshone license plate, which shall include an image of the bucking horse and rider as described in W.S. 8-3-117 , and need not include Arabic numerals for the county. The design of the plate shall comply with any applicable federal or state law.
2. Any person required to register a vehicle in Wyoming pursuant to this article may apply for distinctive Northern Arapaho Indian tribe license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by the applicant upon registration of the vehicle. The department, in consultation with the business council of the Northern Arapaho Indian tribe, shall prescribe the design of the Northern Arapaho license plate, which shall include an image of the bucking horse and rider as described in W.S. 8-3-117 , and need not include Arabic numerals for the county. The design of the plate shall comply with any applicable federal or state law.
3. The department shall arrange for production of the license plates authorized by this section. The county treasurer of each county shall issue the license plates.
4. The applicant shall pay an application fee of seventy dollars ($70.00) to the University of Wyoming, whereupon the university shall issue a written statement of eligibility for license plates under this section. Any fees collected under this subsection shall be deposited in equal amounts to the Chief Washakie memorial endowment fund and the Northern Arapaho endowment fund and are continuously appropriated for the purpose of funding scholarships for students at the University of Wyoming.
5. Applicants shall apply at least thirty (30) days before registration is required for the vehicle for which the plates are intended. Except as provided in this section, application for, issuance and renewal of license plates under this section shall be subject to the same requirements and fees as provided in this article in addition to the application fee in subsection (d). The license plate fee required under W.S. 31-3-102(a)(viii) shall accompany each application.
6. License plates issued under this section shall be displayed only upon the vehicle for which they are issued.
7. The department may prepare any special forms and issue any rules and regulations necessary to carry out this section.
8. Unless five hundred (500) sets of license plates are issued under this section before December 31, 2025, the plates authorized under this section shall be eliminated from production, and the department shall report the cessation of production to the legislature not later than January 15, 2027.

History. Laws 2017, ch. 80, § 1.

Effective date. —

Laws 2017, ch. 80, § 2, makes the act effective January 1, 2018.

§ 31-2-231. Wildlife conservation license plates; wildlife conservation account; authority to receive and expend monies.

1. Any person required to register a vehicle in Wyoming pursuant to this article may apply to the department for a statement of eligibility for wildlife conservation license plates for any motor vehicle that is not a commercial vehicle or multipurpose vehicle owned or leased by that person upon registration of the vehicle. The department may include as part of the application the option for the applicant to donate an additional amount in support of wildlife conservation efforts related to the transportation system. Upon payment by the applicant of a fee of one hundred fifty dollars ($150.00) to the department, plus any additional voluntary amount, the department shall issue a written statement of eligibility for wildlife conservation license plates. The department shall assess an annual fee of fifty dollars ($50.00) for a person to retain eligibility for wildlife conservation plates, but this annual fee shall not be charged in the year the person pays the one hundred fifty dollars ($150.00) eligibility fee. The person may submit an additional voluntary amount in support of wildlife conservation efforts related to the transportation system when remitting the annual fee.
2. The fees collected under subsection (a) of this section shall be payable to the department and shall be accounted for separately. Except as otherwise provided by law, the fees collected under subsection (a) of this section and funds collected under W.S. 23-2-101(p), 23-2-201(h), 23-2-306(d), 24-1-131(b), 31-2-225(a)(vi), 31-2-404(f)(ii), 31-2-409(h)(ii), 31-2-703(e)(ii), 31-3-101(j), 31-7-111(b)(xiv) and 36-4-121(t) shall be distributed to the wildlife conservation account within the state highway fund, which is hereby created. The wildlife conservation account shall be administered in accordance with the following:
   1. Funds in the wildlife conservation account are continuously appropriated to the department and shall only be used to provide for wildlife conservation efforts related to the transportation system, including signage, wildlife corridors, wildlife crossings and game fences. Money received and the proceeds or other property likewise received and disposed of by the department may, in consultation with the Wyoming transportation commission, be expended by the department for the purposes of this section;
   2. The department may establish methods to accept voluntary contributions in support of wildlife conservation efforts related to the transportation system for deposit into the wildlife conservation account. The department may suggest and solicit specific contribution amounts;
   3. The department, in consultation with the Wyoming transportation commission, is authorized to receive and credit to the wildlife conservation account, any money or property of any kind or character donated, granted or bequeathed to the Wyoming transportation commission, the department or the state of Wyoming for wildlife conservation efforts related to the transportation system. The department, in consultation with the Wyoming transportation commission, shall have the authority to carry out the terms, if any, of the grant, donation or bequest, or in the absence of any terms or limitations, to expend the money or the proceeds of the property as it may deem advisable for wildlife conservation efforts related to the transportation system under the provisions of this section;
   4. The state treasurer is hereby authorized and directed to receive and credit to the wildlife conservation account any grant, donation or bequest that is made to the Wyoming transportation commission, the department or the state of Wyoming for wildlife conservation efforts related to the transportation system to be expended for the purposes provided by this section. The state treasurer shall invest any money received under this paragraph in accordance with law and the investment earnings received thereon shall be deposited into the wildlife conservation account.
3. Applicants shall apply at least thirty (30) days before registration is required for the vehicle for which the plates are intended. Except as provided in this section, application for, issuance and renewal of the wildlife conservation license plates under this section shall be subject to the same requirements and fees as provided in this article in addition to the fee collected under subsection (a) of this section. The license plate fees required under W.S. 31-3-102(a)(viii) shall accompany each application. The license plates under this section shall be issued by the county treasurer of each county and shall be displayed only upon the vehicle for which they are issued.
4. The department shall prescribe the design of the wildlife conservation license plates authorized by this section in consultation with the public and other interested parties, which shall include an image of the bucking horse and rider described in W.S. 8-3-117 . License plates authorized by this section need not include Arabic numerals designating the county. The department shall arrange for production of the license plates. Following initial approval, wildlife conservation license plates shall be subject to redesign on the same schedule as all license plates beginning with the year 2025 reissuance.
5. The department may prepare any special forms and promulgate any rules necessary to carry out this section.
6. Unless one thousand (1,000) sets of license plates are issued under this section before December 31, 2023, the plates authorized under this section shall be eliminated from production and the department shall report the cessation of production to the legislature not later than January 15, 2025.

History. Laws 2018, ch. 72, § 1; 2020, ch. 5, § 1; ch. 32, § 1; ch. 61, § 1.

The 2020 amendments. —

The first 2020 amendment, by ch. 5, § 1, effective July 1, 2020, in (a), added the second sentence, added “plus any additional voluntary amount” following “to the department,” and rewrote (b) which read: “The fees collected under subsection (a) of this section shall be payable to the department and shall be accounted for separately. The fees collected shall be distributed to the wildlife conservation account within the state highway fund, which is hereby created. Funds in the wildlife conservation account shall only be used to provide for wildlife conservation efforts related to the transportation system, including signage, wildlife corridors, wildlife crossings and game fences.”

The second 2020 amendment, by ch. 32, § 1, effective July 1, 2020, in (b) substituted “The fees collected under subsection (a) of this section and funds collected under W.S. 31-2-225(a)(vi), 31-2-404(f)(ii), 31-2-409(h)(ii), 31-2-703(e)(ii), 31-3-101(j) and 31-7-111(b)(xiv) shall” for “The fees collected shall.”

The third 2020 amendment, by ch. 61, § 1, effective July 1, 2020, in (b) substituted “Except as otherwise provided by law, the fees collected under subsection (a) of this section and funds collected under W.S. 23-2-101(p), 23-2-201(h), 23-2-306(d), 24-1-131(b) and 36-4-121(t) shall” for “The fees collected shall.”

This section is set out as reconciled by the Wyoming legislative service office.

Effective date. — Laws 2018, ch. 72, § 4(a), makes the act effective January 1, 2019.

§ 31-2-232. Specified off-road vehicle licensing and registration.

1. Off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) may be registered and licensed pursuant to this section.
2. Before the owner of an off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) may operate the vehicle upon any public road, except pursuant to W.S. 31-5-1601(a) through (c), the owner shall register the vehicle by submitting an application to the county treasurer indicating:
   1. The owner wishes to operate the vehicle upon public roadways in Wyoming;
   2. The vehicle is owned and operated primarily for the purposes of off-road recreational use or other related activities and will not be used primarily for general transportation upon public roadways;
   3. The vehicle is titled in Wyoming;
   4. The applicant has certified on a form created by the department that the vehicle has the equipment required by W.S. 31-5-912(b), 31-5-913(a) and (b), 31-5-914 , 31-5-915(a), 31-5-917 , 31-5-952 , 31-5-953 , 31-5-954(a), 31-5-956 and 31-5-1601(a)(iv) and (v)(B).
3. Upon receipt of an approved application and payment of fees the county treasurer shall issue to the applicant a certificate of registration together with one (1) license plate or validation sticker. The registration fee for off-road recreational vehicles shall be the same rate as for motorcycles. The registration expires upon transfer of ownership of the vehicle. License plates on the off-road recreational vehicle shall be displayed in accordance with W.S. 31-2-205 .

History. Laws 2021, ch. 34, § 1.

Effective date. —

Laws 2021, ch. 34, § 4, makes the act effective July 1, 2021.

§§ 31-2-301 through 31-2-304. [Repealed.]

Repealed by Laws 1997, ch. 154, § 3.

Editor's notes. —

These sections, which derived from Laws 1984, ch. 47, § 3, and Laws 1989, ch. 7, § 1, related to dealer and manufacturer licensing.

§ 31-2-401. Definitions.

1. For purposes of this act:
   1. “Commercial snowmobile” means a snowmobile operated as a nonguided rental snowmobile or a snowmobile leased, rented or operated by a commercial snowmobile outfitter;
   2. “Snowmobile” means any mechanically driven vehicle of a type which utilizes sled type runners, or skis, or any endless belt tread or combination of these, designed primarily for operation over snow;
   3. “Nonresident snowmobile” means any snowmobile that is not a resident snowmobile;
   4. “Resident snowmobile” means any snowmobile:
      1. Titled in Wyoming;
      2. Owned by a Wyoming resident; or
      3. Which is used or kept in Wyoming for more than thirty (30) consecutive days.
   5. “This act” means W.S. 31-2-401 through 31-2-409 .

History. Laws 1984, ch. 47, § 3; 1994, ch. 81, § 1; 1996, ch. 119, § 2; 2014, ch. 30, § 1.

The 2014 amendment, effective July 1, 2014, added (a)(iii) and (a)(iv); and redesignated former (a)(iii) as present (a)(v).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-2-402. Registration selling agents; application for registration.

1. Repealed by Laws 1992, ch. 50, § 3.
2. The department of state parks and cultural resources through the division of state parks and historic sites shall in accordance with W.S. 36-4-123 , appoint selling agents to sell snowmobile registrations and user fees. Each selling agent shall retain one dollar ($1.00) for each nonresident user fee sold under W.S. 31-2-409(a)(ii) or for each resident snowmobile registration sold under W.S. 31-2-404(a)(i). Designated department employees may sell snowmobile registrations and user fees, but no employee shall receive any commission on registrations or user fees collected.
3. Repealed by Laws 1992, ch. 50, § 3.
4. Except as hereafter provided, every person who owns or uses a resident snowmobile which will be operated within the state of Wyoming shall, for each snowmobile so owned or used file or cause to be filed each year beginning July 1, with any designated selling agent, an application for registration of the snowmobile which shall be in writing in duplicate. The application shall state the name and address of the owner and the name of the applicant and describe the snowmobile, including make, model and any identifying serial numbers located on the snowmobile.
5. Every person who owns or uses a nonresident snowmobile which will be operated within this state shall, for each snowmobile so owned or used, file or cause to be filed with a designated selling agent each year prior to the operation within the state, an application under W.S. 31-2-409 which states the name and mailing address of the owner of the snowmobile and the name of the applicant.

History. Laws 1984, ch. 47, § 3; 1990, ch. 44, § 2; 1992, ch. 50, §§ 2, 3; 1994, ch. 78, § 1; ch. 81, § 1; 1996, ch. 119, § 2; 1999, ch. 69, § 2; 2014, ch. 30, § 1.

The 2014 amendment, effective July 1, 2014, in the second sentence of (b), inserted “nonresident,” inserted “resident snowmobile,” and inserted “under W.S. 31-2-404(a)(i)”; in the first sentence of (d), inserted “resident,” and deleted “registration” preceding “selling agent”; in the second sentence of (d), inserted “and” preceding “identifying serial,” deleted “and whether the snowmobile will be operated for private or commercial use”; deleted the former last two sentences in (d) which read: “At the time of application, the applicant shall also present proof in a form approved by the department of revenue that all sales or use tax due on the snowmobile have been paid. Any person who knowingly presents a false or fraudulent statement of proof is subject to the provisions of W.S. 6 5 303, in addition to any penalties and interest due for nonpayment of sales or use tax on the snowmobile”; and added (e).

§ 31-2-403. Required registration fee.

The owner of a resident snowmobile which will be operated within the state of Wyoming shall, upon the filing of an application, pay to the selling agent, in cash, money order, certified check or bank draft, a registration fee as provided by W.S. 31-2-404 .

History. Laws 1984, ch. 47, § 3; 2014, ch. 30, § 1.

The 2014 amendment, effective July 1, 2014, inserted “resident” preceding “snowmobile,” and deleted “registration” preceding “selling agent.”

§ 31-2-404. Amount of fee; ad valorem tax exemption; disposition of fees; duties of department of state parks and cultural resources.

1. Except as provided in W.S. 31-2-408 , the annual registration fee for a resident snowmobile is:
   1. For a snowmobile intended for private use $35.00;
   2. For a commercial snowmobile $105.00.
2. Snowmobiles are hereby exempt from any and all ad valorem taxes.
3. The selling agent shall forward to the department of state parks and cultural resources the original copy of the registration application together with:
   1. The registration fee as provided for in paragraph (a)(i) of this section minus one dollar ($1.00);
   2. The registration fee as provided in paragraph (a)(ii) of this section minus one dollar ($1.00);
   3. All voluntary fees collected under subsection (f) of this section.
4. Except as provided in this subsection, the fees forwarded to the department of state parks and cultural resources under this section shall be deposited in the snowmobile trails account created by W.S. 31-2-409(c) and may be expended by the department subject to approval by the legislature. All fees collected under paragraph (f)(i) of this section shall be deposited in the search and rescue account created by W.S. 19-13-301(a). All fees collected under paragraph (f)(ii) of this section shall be deposited in the wildlife conservation account created by W.S. 31-2-231(b).
5. The department of state parks and cultural resources of Wyoming shall:
   1. Administer the snowmobile trails program;
   2. Furnish a sufficient quantity of numbered decals and necessary forms to each registration selling agent; and
   3. Keep full and complete records of all registered snowmobiles.
6. Snowmobile registration forms shall contain information about the voluntary fees under this subsection. In addition to the fees under subsection (a) of this section, persons registering snowmobiles in Wyoming may pay a voluntary fee:
   1. Of two dollars ($2.00) or any greater amount to fund search and rescue activities;
   2. Of any whole dollar amount to provide for wildlife conservation efforts related to the transportation system.

History. Laws 1984, ch. 47, § 3; 1990, ch. 44, § 2; ch. 97, § 1; 1994, ch. 81, § 1; 1996, ch. 48, § 1; ch. 119, § 2; 1998, ch. 99, § 2; 1999, ch. 69, § 2; 2005, ch. 40, § 1; ch. 231, § 1; 2013, ch. 23, § 1; 2014, ch. 30, § 1; 2020, ch. 32, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 40, § 1, effective July 1, 2005, in (a)(ii), substituted “$75.00” for “$50.00”; and in (c)(ii), substituted “Seventy-four dollars ($74.00)” for “Forty-nine dollars ($49.00).”

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, in (d), substituted “account” for “fund.”

See the conflicting legislation note. This section is set out incorporating amendments made by both 2005 acts.

The 2013 amendment, effective July 1, 2013, added “voluntary” following “All” in (c)(iii); added “voluntary” following “pay a” and substituted “two dollars ($2.00) or any greater amount” for “one dollar ($1.00)” in (f).

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (a), inserted “resident”; in (a)(i), substituted “$35.00” for “$5.00”; in (a)(ii), substituted “$105.00” for “$75.00”; in the introductory paragraph of (c), deleted “registration” preceding “selling agent”; in (c)(i), substituted “The registration” for “Four dollars ($4.00) of each registration,” added “minus one dollar ($1.00)”; and in (c)(ii), substituted “The registration” for “Seventy-four dollars ($74.00) of each registration,” and added “minus one dollar ($1.00).”

The 2020 amendment, effective July 1, 2020, in (d) substituted “paragraph (f)(i)” for “subsection (f)” and added the last sentence; and rewrote (f), which read “In addition to the fees under subsection (a) of this section, persons registering snowmobiles in Wyoming may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund search and rescue activities. Snowmobile registration forms shall contain information about the voluntary fee under this subsection.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 31-2-405. Payment of fees; issuance of certificate and decal.

1. Resident snowmobile registration fees shall be paid before the expiration of thirty (30) days after acquiring ownership of a snowmobile which will be operated within the state of Wyoming. Upon receipt of the registration fee the selling agent shall issue to the owner for each snowmobile a certificate of registration, setting forth the facts in the application, together with a numbered decal which shall bear a distinctive number assigned to the snowmobile and the date of expiration, which decal shall at all times be prominently displayed on the snowmobile.
2. Repealed by Laws 2014, ch. 30, §  2.

History: Laws 1984, ch. 47, § 3; 1990, ch. 97, § 1; 2014, ch. 30, §§ 1, 2.

The 2014 amendment, effective July 1, 2014, in (a), added “Resident” at the beginning, substituted “thirty (30)” for “sixteen (16),” deleted “registration” preceding “selling agent,” inserted “and the date of expiration,” and inserted “decal”; and repealed the former (b) which read “The decal issued under subsection (a) of this section shall contain the following language printed on the face of the decal: “Warning: trespass upon private property while operating a snowmobile is punishable by imprisonment up to six (6) months, a fine up to seven hundred fifty dollars ($750.00), or both under W.S. 6-3-303 .”

§ 31-2-406. Lost, mutilated or destroyed certificate or decal.

In the event of loss, mutilation or destruction of any resident or nonresident snowmobile certificate issued pursuant to this act, or numbered decal, the owner of a snowmobile may obtain a duplicate certificate or a new numbered decal from any selling agent or any authorized department of state parks and cultural resources employee upon filing an affidavit showing the loss, mutilation or destruction of the original certificate or numbered decal and paying a fee of one-half (1/2) of the applicable current registration or user fee. The selling agent shall forward to the division of parks and historic sites within the department one-half (1/2) of the applicable current registration or user fee minus one dollar ($1.00) of each duplicate certificate fee to be deposited to the general fund. It is unlawful for any person to willfully alter or mutilate any certificate or numbered decal.

History. Laws 1984, ch. 47, § 3; 1990, ch. 44, § 2; 1992, ch. 50, § 2; 1999, ch. 69, § 2; 2014, ch. 30, § 1.

The 2014 amendment, effective July 1, 2014, deleted “registration” preceding “certificate” throughout; in the first sentence, substituted “resident or nonresident snowmobile certificate issued pursuant to this act” for “registration certificate,” deleted “registration” preceding “selling agent,” substituted “one-half (1/2) of the applicable current registration or user fee” for “one dollar ($1.00)”; in the second sentence, deleted “registration” preceding “selling,” and substituted “one-half (1/2) of the applicable current registration or user fee minus one dollar ($1.00)” for “fifty cent ($.50).”

§ 31-2-407. Duration of certificate and number.

Every certificate and number issued pursuant to W.S. 31-2-401 through 31-2-409 shall be valid from July 1 of the year designated until June 30 of the following year. The use of license plates or decals issued during any registration year is hereby authorized and legalized until and including the first day of August of the next succeeding registration year.

History. Laws 1984, ch. 47, § 3; 1996, ch. 119, § 2.

§ 31-2-408. Exemptions.

1. The following snowmobiles are exempt from W.S. 31-2-401 through 31-2-407 :
   1. Mobile track-laying units;
   2. Snowmobiles used solely for business and agricultural purposes; and
   3. Nonresident snowmobiles, except to the extent a nonresident snowmobile meets the qualifications and requirements set forth in W.S. 31-2-402(e);
   4. Snowmobiles used exclusively on private land.
2. This section does not exempt snowmobiles which are leased or rented for hire as commercial snowmobiles as defined under W.S. 31-2-401(a)(i).

History. Laws 1984, ch. 47, § 3; 2000, ch. 48, § 2; 2014, ch. 30, § 1.

The 2014 amendment, effective July 1, 2014, in (a)(iii), substituted “Nonresident snowmobiles, except to the extent a nonresident snowmobile meets the qualifications and requirements set forth in W.S. 31-2-402(e)” for “Snowmobiles owned by out-of-state residents if a valid registration sticker from the owner's state of residence is affixed to those snowmobiles or if the owner can demonstrate other proof of valid registration in his state of residence”; added (a)(v); and in (b), added “for hire as commercial snowmobiles as defined under W.S. 31-2-401(a)(i)” at the end.

§ 31-2-409. Snowmobile user fee; amount of fee; disposition of fees; account created; duties of department of state parks and cultural resources; duration of decal; exemptions.

1. There shall be collected by selling agents an annual nonresident snowmobile user fee for nonresident snowmobiles operated in Wyoming as follows:
   1. Repealed by Laws 2014, ch. 30, §  2.
   2. For any nonresident snowmobile not exempt under subsection (f) of this section $35.00.
2. The selling agent shall forward to the department of state parks and cultural resources the original copy of the snowmobile user fee form together with:
   1. Repealed by Laws 2014, ch. 30, §  2.
   2. The snowmobile user fee as provided in paragraph (a)(ii) of this section minus one dollar ($1.00);
   3. All voluntary fees collected under subsection (h) of this section.
3. There is hereby created a snowmobile trails account. Except as provided in this subsection, the monies collected under this section and forwarded to the department of state parks and cultural resources shall be deposited in the account created by this section and may be expended by the department subject to approval by the legislature for the administration of the snowmobile trails program. All voluntary fees collected under paragraph (h)(i) of this section shall be deposited in the search and rescue account created by W.S. 19-13-301(a). All fees collected under paragraph (h)(ii) of this section shall be deposited in the wildlife conservation account created by W.S. 31-2-231(b).
4. The department of state parks and cultural resources shall:
   1. Administer the snowmobile trails program;
   2. Furnish a sufficient quantity of numbered decals and necessary forms to each selling agent;
   3. Keep a full and complete record of all snowmobile user fees collected.
5. The annual nonresident snowmobile user fee numbered decal shall be valid from July 1 of the year designated until June 30 of the following year, with the date of expiration prominently displayed on the decal.
6. The nonresident snowmobile user fee prescribed by paragraph (a)(ii) of this section may be waived on an annual basis by the director of the department of state parks and cultural resources in an area designated by the department through a cooperative agreement whereby other governmental agencies agree to contribute to the snowmobile trail maintenance and grooming for that area.
7. The decal issued under this section shall be prominently displayed on the exterior of the snowmobile.
8. Snowmobile user fee forms shall contain information about the voluntary fees under this subsection. In addition to the fees under subsection (a) of this section, persons paying a user fee for snowmobiles in Wyoming may pay a voluntary fee:
   1. Of two dollars ($2.00) or any greater amount to fund search and rescue activities;
   2. Of any whole dollar amount to provide for wildlife conservation efforts related to the transportation system.

History. Laws 1996, ch. 119, § 1; 1997, ch. 115, § 1; 1999, ch. 69, § 2; 2005, ch. 40, § 1; ch. 231, § 1; 2013, ch. 23, § 1; 2014, ch. 30, §§ 1, 2; 2020, ch. 32, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 40, § 1, effective July 1, 2005, in (a)(i), substituted “$20.00” for “$10.00”; in (a)(ii), substituted “$25.00” for “$15.00”; and in (b)(ii), substituted “Twenty-four dollars ($24.00)” for “Fourteen dollars ($14.00).”

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, in (c), substituted “account” for “fund within the enterprise fund” in the first sentence, and “account” for “fund” in the second sentence.

See the conflicting legislation note. This section is set out incorporating amendments made by both 2005 acts.

The 2013 amendment, effective July 1, 2013, added (b)(iii); added “Except as provided in this subsection,” preceding “the monies”; added the last sentence in (c); and added (h).

T he 2014 amendment, effective July 1, 2014, in the introductory paragraph of (a), deleted “In addition to the registration fees required under W.S. 31-2-403 ” preceding “There shall be,” deleted “registration” preceding “selling agents,” inserted “nonresident,” and inserted “for nonresident snowmobiles operated in Wyoming”; repealed former (a)(i), which read: “For a snowmobile owned by a Wyoming resident for which the registration fee under W.S. 31-2-404(a)(i) has been paid . . . . . $20.00”; in (a)(ii), substituted “nonresident” for “other,” and substituted “$35.00” for “$25.00”; in the introductory paragraph of (b), deleted “registration” preceding “selling agent”; repealed former (b)(i), which read: “The amount required under W.S. 31-2-404(c)(i) and snowmobile user fee as provided in paragraph (a)(i) of this section.”; in (b)(ii), substituted “The snowmobile” for “Twenty-four dollars ($24.00) of each snowmobile,” and added “minus one dollar ($1.00)”; in (d)(ii), deleted “registration” preceding “selling agent”; in (e), inserted “nonresident,” and added “with the date of expiration prominently displayed on the decal”; and in (f), deleted the former first sentence which read: “Snowmobiles for which registration fees have been paid under W.S. 31 2 404(a)(ii) and snowmobiles exempt under W.S. 31 2 408(a)(i) and (ii) are exempt from the provisions of this section”; and in the present first sentence of (f), inserted “nonresident.”

The 2020 amendment, effective July 1, 2020, in (c) substituted “paragraph (h)(i)” for “subsection (h)” and added the last sentence; and rewrote (h) which read, “In addition to the fees under subsection (a) of this section, persons paying a user fee for snowmobiles in Wyoming may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund search and rescue activities. Snowmobile user fee forms shall contain information about the voluntary fee under this subsection.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 31-2-501. Definitions; application required.

1. As used in this act:
   1. The definitions in W.S. 31-1-101 apply;
   2. “Mobile home” means a transportable home defined in W.S. 31-1-101 (a)(xxiv)(C);
   3. “Mobile home dealer” means as defined in W.S. 35-18-102(a)(v) but includes a finance agency as defined in W.S. 34.1-2-104;
   4. “This act” means W.S. 31-2-501 through 31-2-508 .
2. Except as provided by W.S. 31-2-502 , every owner of a mobile home located in this state for which no Wyoming certificate of title has been issued to the owner, or the transferee upon transfer of ownership of a mobile home, shall apply for a certificate of title at the office of a county clerk within forty-five (45) days of the date the mobile home became subject to this act, or upon a transfer, within forty-five (45) days of the date of transfer.

History. Laws 1985, ch. 132, § 1; 2015, ch. 31, § 1.

The 2015 amendment, effective January 1, 2016, in (b), substituted “sixty (60) days” for “forty-five (45) days.”

Am. Jur. 2d, ALR and C.J.S. references. —

What is “temporary” building or structure within meaning of restrictive covenant, 49 ALR4th 1018.

§ 31-2-502. Exclusions.

1. No certificate of title shall be issued or required for mobile homes:
   1. Owned by the United States;
   2. Being transported from a point outside this state;
   3. Held for sale by a Wyoming mobile home dealer;
   4. Installed on a permanent foundation, taxable as real property and which has no current title under this act.
2. If a mobile home is installed on a permanent foundation and is taxable as real property:
   1. The certificate of title or manufacturer’s certificate of origin, if any, shall be surrendered to and cancelled by the county clerk of the county in which the mobile home is located except that no title shall be cancelled under this subsection unless all liens on the home have been released. The county clerk may require the person surrendering the title for cancellation to disclose information necessary to determine whether cancellation is proper under law. The county clerk shall issue a document certifying the cancellation of the certificate of title for recording in the real estate records of the county clerk of the county in which the mobile home is located;
   2. If the certificate of title or manufacturer’s certificate of origin is unavailable then upon filing with the county clerk a sworn affidavit in accordance with this paragraph and an acknowledgment if required by subsection (c) of this section, the clerk shall issue a title for the purpose of immediate surrender to and cancellation by the county clerk. The affidavit required under this paragraph shall be on a form prescribed by the department. The affiant shall attest to the unavailability of the certificate of title, manufacturer’s certificate of origin or other relevant documentation and to the mobile home’s permanent affixation to the real property. The surrendered title and affidavit shall be recorded in the real estate records of the county clerk of the county in which the mobile home is located upon payment of the title fee under W.S. 31-3-102(a)(vii) and recording fees under W.S. 18-3-402(a)(xvi)(A). The affidavit form shall:
      1. Include a complete description of the mobile home including its physical address and any data plate, tags, labels or other relevant identifying documentation;
      2. Include a statement that the mobile home is installed on a permanent foundation and is intended by all parties to constitute, be and remain in perpetuity a fixture to the real property;
      3. Include a statement that the mobile home is taxable as real property and not as personal property;
      4. Contain a recital of facts and circumstances by which the affiant acquired the ownership and possession of the mobile home including why the affiant is unable to provide the clerk with the certificate of title, manufacturer’s certificate of origin or other relevant documentation;
      5. Contain a statement that there are no known security interests, liens or encumbrances outstanding against the mobile home separate from the land;
      6. Contain a statement that the affiant is the true and lawful owner of the mobile home.
3. If an affiant under paragraph (b)(ii) of this section is not the owner of the real property on which the mobile home is permanently affixed, the affiant shall file with the affidavit required under paragraph (b)(ii) of this section an acknowledgment by the owner of the real property that the mobile home is installed on a permanent foundation on the real property and is intended by the owner to constitute, be and remain in perpetuity a fixture to the real property.

History. Laws 1985, ch. 132, § 1; 2017, ch. 112, § 1.

The 2017 amendment, effective July 1, 2017, redesignated former (b) as (b) and (b)(i), added “The county clerk shall issue a document certifying the cancellation of the certificate of title for recording in the real estate records of the county clerk of the county in which the mobile home is located” as the last sentence in (b)(i); added (b)(ii) through (c); and made related changes.

Laws 2017, ch. 112, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Mar. 2, 2017.

Meaning of “this act.” —

For definition of “this act,” referred to in subsection (a)(iv), see § 31-2-501(a)(iv).

Cited in

Milnes v. Milnes, 2008 WY 11, 175 P.3d 1164, 2008 Wyo. LEXIS 12 (Feb. 1, 2008).

§ 31-2-503. Applications; contents; effect.

1. Applications for certificates of title shall contain or be accompanied by:
   1. The name and  address of the owner, the manner in which  the ownership interest in the mobile home is to be held and the person to whom the certificate of title is to be transferred;
   2. A description of the mobile home including make, vehicle identification number, year, size and model;
   3. If a new mobile home purchased from a mobile home dealer in any state:
      1. The manufacturer’s certificate of origin indicating the date of sale to and the name of the first person receiving it from the manufacturer and a certification the mobile home was new when sold by the manufacturer; and
      2. Certification by the dealer that the mobile home was new when sold to the applicant.
   4. Certification of applicant’s ownership and any liens or encumbrances upon the mobile home;
   5. The current title containing an assignment and warranty of title, if applicable;
   6. Certification that all taxes due on the mobile home for the preceding and current year have been paid;
   7. Such other information as required by the department or county clerk.
2. If the application for title is for a new mobile home purchased from a Wyoming mobile home dealer, the application may be signed by the Wyoming mobile home dealer, include a statement of transfer by the dealer and of any lien retained by the dealer.
3. If a mobile home to be titled has no vehicle identification number, the applicant shall apply for and obtain a number from the department.
4. Upon receipt  of an application and payment of fees any county clerk shall, if satisfied  that the applicant is the owner of the mobile home for which application  for certificate of title is made, issue a certificate of title, upon  a form approved by and provided at cost to the county clerk by the  department of transportation, in the name of the owner bearing the  signature and seal of the county clerk’s office. Each certificate  of title shall bear a distinct serial number. The title shall be completely  filled out giving a description of the mobile home in a manner prescribed  by the department, indicate all encumbrances or liens on the mobile  home and indicate the date of issue. Certificates of title shall contain  forms for assignment of title or interest and warranty by the owner  with space for notation of liens and encumbrances at the time of transfer  on the reverse side and contain space for the notarization of the seller’s signature for a sale  or transfer of title. Certificates of title are valid for the mobile  home so long as the mobile home is owned or held by the person in  whose name the title was issued. A certificate of title is prima facie  proof of ownership of the mobile home for which the certificate was  issued.

History. Laws 1985, ch. 132, § 1; 1991, ch. 241, § 3; 2019, ch. 194, § 1.

The 2019 amendment, effective January 1, 2020, in the introductory language in (a), substituted “shall contain” for “shall be under oath and contain,” in (a)(i), added “the manner in which the ownership interest in the mobile home is to be held” following “owner”; and in (d), substituted “notarization of the seller's signature for a sale” for “notarization of a sale.”

Editor's notes. —

Laws 2019, ch. 194, § 2, provides: “This act applies to certificates of title and bills of sale issued on or after January 1, 2020.”

§ 31-2-504. Transfer of ownership.

1. Except as otherwise provided in this section, the owner of a mobile home who sells or transfers his interest in a mobile home for which a certificate of title has been issued shall endorse an assignment and warranty of title upon the certificate for the mobile home with a statement of all liens and encumbrances thereon and that all taxes due thereon have been paid, which assignment, warranty and statement shall be signed and dated by the owner before a notarial officer and acknowledged thereby in the manner provided by law, to be dated and delivered to the transferee at the time of delivering the mobile home.
2. If the transferee is a mobile home dealer who holds the mobile home for resale and procures the certificate of title from the transferor, the dealer is not required to obtain a new certificate of title but may transfer the mobile home by an assignment and warranty of title upon the certificate of title and deliver the certificate to a subsequent transferee.
3. In the event of a transfer by operation of law of any interest in a mobile home as upon an order in bankruptcy or insolvency, execution sale, repossession upon default in the performance of the terms of a lease or sales contract or otherwise than by voluntary act of the person whose title or interest is transferred, the administrator, receiver, trustee, sheriff, creditor or other representative or successor in interest of the person whose interest is transferred shall forward to the county clerk an application for a certificate of title together with a verified or certified statement of the transfer of interest. The statement shall set forth the reason for the involuntary transfer, the interest transferred, the name of the transferee, the process or procedure effecting the transfer and other information requested by the county clerk. Evidence and instruments otherwise required by law to effect a transfer of legal or equitable title to or an interest in a mobile home in such cases shall be furnished with the statement. If a transfer of title to a creditor is accomplished in accordance with the provisions of this subsection, a creditor retains the right to seek any deficiency balance which may exist after sale, provided the creditor has complied with applicable law, and the transfer by itself shall not be considered a strict foreclosure or an election to retain the collateral in satisfaction of an obligation as provided by W.S. 34.1-9-620 and does not affect the debtor’s right to redeem the collateral under W.S. 34.1-9-623. If from the records of the county clerk there appears to be any lien on the mobile home which was recorded prior to the lien of the creditor applying for title and which has not been released, the certificate of title shall contain a statement of the lien. The creditor repossessing and applying for title to the mobile home shall notify all persons holding liens on the mobile home by certified mail return receipt requested at least fifteen (15) days prior to filing the application for title. Any proceeds from the sale, lease or other disposition of the mobile home shall be distributed in accordance with the provisions of W.S. 34.1-9-610 and 34.1-9-615.

History. Laws 1985, ch. 132, § 1; 1994, ch. 93, § 1; 1995, ch. 49, § 1; ch. 63, § 1; 2003, ch. 33, § 1; 2004, ch. 130, § 1; 2008, ch. 20, § 2; 2019, ch. 194, § 1.

The 2004 amendment, in (c), substituted “W.S. 34.1-9-610 and 34.1-9-615” for “W.S. 34.1-9-608.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2008 amendment, effective July 1, 2008, substituted “notarial officer” for “notary public” in (a).

The 2019 amendment, effective January 1, 2020, in (a), substituted “signed and dated” for “subscribed.”

Editor's notes. —

Laws 2019, ch. 194, § 2, provides: “This act applies to certificates of title and bills of sale issued on or after January 1, 2020.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 31-2-505. Duplicate titles.

Upon loss of a certificate of title, the owner may apply to the county clerk issuing the original title for a duplicate title. The applicant shall file an affidavit describing the loss with the county clerk. Upon payment of fees the county clerk shall issue a duplicate certificate of title corresponding to the original certificate and containing the following notation prominently displayed in capital letters on the face of the certificate: “THIS IS A DUPLICATE CERTIFICATE OF TITLE AND MAY BE SUBJECT TO THE RIGHTS OF A PERSON OR PERSONS UNDER THE ORIGINAL CERTIFICATE”.

History. Laws 1985, ch. 132,§ 1; 2018, ch. 37, § 1.

The 2018 amendment, effective July 1, 2018, deleted the last three sentences, which read: “No duplicate certificate shall be issued before the 11th day after the affidavit is filed unless the owner deposits an indemnity bond to the state of Wyoming with the county clerk in an amount of not less than double the value of the mobile home. The bond shall be executed by a surety duly authorized to carry on business in Wyoming or by individual sureties qualified as provided by W.S. 1-1-104 and 1-1-105 . Bonds shall be conditioned for protection and indemnification of all persons who may have any interest in or dealing with the mobile home against any loss which may occur by reason of the issuance of the duplicate certificate before the 11th day after the affidavit is filed.”

§ 31-2-506. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 96, § 2.

Editor's notes. —

This section, which derived from Laws 1985, ch. 132, § 1, related to fees to be collected for new or duplicate certificate of title.

§ 31-2-507. Prohibited acts; penalties.

1. No person shall knowingly make any false statement in any application or other document required under this act.
2. No person shall sell or transfer his interest in a mobile home for which a certificate of title is required unless he has obtained a certificate and assigns his interest on the title except as otherwise provided by this act.
3. Any person who violates any provision of W.S. 31-2-503 through 31-2-505 and this section is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than two (2) years, or both. Any person who violates W.S. 31-2-508 is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

History. Laws 1985, ch. 132, § 1; 1991, ch. 116, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to in subsections (a) and (b), see § 31-2-501(a)(iv).

§ 31-2-508. Payment of taxes, receipt and over-width permit for transportable homes.

Before any transportable home or portion thereof, whose original movement commences within the state of Wyoming is conveyed upon any street or highway, the owner shall present a proof of ownership for each portion of a prebuilt or modular home, or a certificate of title or copy of the certificate of title if for a mobile home, to the county treasurer of the county in which the transportable home is located, and pay the current year’s taxes as computed by the county treasurer. If a copy of the certificate of title is presented, the county treasurer shall verify that the copy is a true and accurate copy of the current title issued for the mobile home. In the event the ad valorem levy has not been set for the current year, the current year’s tax shall be computed upon the levy for the previous year. Upon full payment of the current year’s taxes due, the county treasurer shall issue a receipt describing the transportable home, indicating that a copy of the certificate of title was verified if applicable and indicating the current year’s taxes are paid. Upon presentation of the receipt to the director of the department of transportation, or his authorized representative, the owner may be issued an over-width permit. Payment of the taxes due on a transportable home is not required for the issuance of an over-width permit if the transportable home is abandoned and is moved pursuant to W.S. 31-13-101 through 31-13-116 . As used in this section, “transportable home” means as defined in W.S. 31-1-101(a)(xxiv).

History. Laws 1973, ch. 97, § 3; W.S. 1957, § 31-16.1; Laws 1975, ch. 77, § 1; W.S. 1977, §§ 31-4-106, 39-2-305 ; Laws 1984, ch. 47, § 2; 1985, ch. 132, § 2; 1989, ch. 256, § 2; 1991; ch. 241, § 3; 2019, ch. 188, § 1.

The 2019 amendment, added “or copy of the certificate of title” following “certificate of title” in the first sentence, added the second sentence, and added “indicating that a copy of the certificate of title was verified if applicable” following “transportable home” in the fourth sentence.

Laws 2019, ch. 188, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 8, 2019.

§§ 31-2-601 through 31-2-606. [Renumbered.]

Renumbered as §§ 31-18-203 through 31-18-208 by Laws 1993, ch. 68, § 3.

§ 31-2-701. Definitions.

1. Except as otherwise provided, as used in this act:
   1. “Off-road recreational vehicle” means as defined in W.S. 31-1-101(a)(xv)(K);
   2. “Wyoming off-road recreational vehicle trail” means an off-road recreational vehicle trail, route, road or area specifically designated, marked or signed by the department of state parks and cultural resources as a Wyoming off-road recreational vehicle trail.

History. Laws 2001, ch. 182, § 1; 2002 Sp. Sess., ch. 12, § 2; 2011, ch. 8, § 1.

The 2011 amendment, effective July 1, 2011, in (a)(ii), inserted “route, road.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-2-702. Registration selling agents; application for trail user registration decal; affidavit required if vehicle serial number not visible; penalty.

1. The department of state parks and cultural resources through the division of state parks and historic sites, shall in accordance with W.S. 36-4-123 , appoint agents to sell off-road recreational vehicle trail user registration decals. Each selling agent shall retain one dollar ($1.00) for each trail user registration decal sold. Designated department employees may sell trail registration user decals under this article and if decals are sold, the employee shall not receive any commission on user registration fees collected under this article.
2. Beginning January 1, 2002, each owner of an off-road recreational vehicle shall for each vehicle used on Wyoming off-road recreational vehicle trails as established and administered by the department, annually file in writing and in duplicate with any designated registration selling agent, an application for trail user registration of the off-road recreational vehicle. The application shall state the name and address of the owner, the name of the applicant and the make, model and identifying serial number of the off-road recreational vehicle. If the vehicle identifying serial number is not legible or visible, the applicant shall upon a form provided by the department, provide proof of ownership by affidavit certified in writing. Any person knowingly presenting a false or fraudulent statement under this subsection is subject to the penalties provided by W.S. 6-5-303 .
3. Any person who operates an off-road recreational vehicle on any Wyoming off-road recreational vehicle trail without a decal required under this article or in violation of the provisions of W.S. 31-5-1601 is guilty of a misdemeanor and upon conviction, shall be fined not more than one hundred dollars ($100.00).

History. Laws 2001, ch. 182, § 1; 2002 Sp. Sess., ch. 12, § 2.

§ 31-2-703. Required user registration fee; disposition of fees; duties of department of state parks and cultural resources.

1. The owner of an off-road recreational vehicle which will be operated on Wyoming off-road recreational vehicle trails shall, upon filing of an application, pay to the registration selling agent an annual user registration fee of fifteen dollars ($15.00).
2. The registration selling agent shall forward to the department of state parks and cultural resources the original copy of the user registration application together with fourteen dollars ($14.00) collected under subsection (a) of this section and all voluntary fees collected under subsection (e) of this section.
3. There is created an off-road recreational vehicle trails account. Except as provided in this subsection, the fees received by the department of state parks and cultural resources under this article shall be deposited into the account created by this subsection and shall be expended by the department for the administration of the off-road recreational vehicle trails program. All voluntary fees collected under paragraph (e)(i) of this section shall be deposited in the search and rescue account created by W.S. 19-13-301(a). All fees collected under paragraph (e)(ii) of this section shall be deposited in the wildlife conservation account created by W.S. 31-2-231(b).
4. The department of state parks and cultural resources shall:
   1. Administer the Wyoming off-road recreational vehicle trails program;
   2. Furnish a sufficient quantity of numbered decals and application forms to each registration selling agent;
   3. Keep full and complete records of all registered off-road recreational vehicles; and
   4. Consult with the Wyoming trails advisory council to assist the department to establish and maintain adequate off-road recreational vehicle trails.
5. Off-road recreational vehicle registration fee forms shall contain information about the voluntary fees under this subsection. In addition to the fees under subsection (a) of this section, persons paying a registration fee for off-road recreational vehicles may pay a voluntary fee:
   1. Of two dollars ($2.00) or any greater amount to fund search and rescue activities;
   2. Of any whole dollar amount to provide for wildlife conservation efforts related to the transportation system.

History. Laws 2001, ch. 182, § 1; 2005, ch. 231, § 1; 2013, ch. 23, § 1; 2020, ch. 32, § 1.

The 2005 amendment, effective July 1, 2005, in (c), deleted “within the enterprise fund” at the end of the first sentence.

The 2013 amendment, effective July 1, 2013, added “and all voluntary fees collected under subsection (e) of this section” in (b); added “Except as provided in this subsection,” preceding “the fees”; added the last sentence in (c); and added (e).

The 2020 amendment, effective July 1, 2020, in (c) substituted “paragraph (e)(i)” for “subsection (e)” and added the last sentence; and rewrote (e), which read, “In addition to the fees under subsection (a) of this section, persons paying a registration fee for off-road recreational vehicles may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund search and rescue activities. Off-road recreational vehicle registration fee forms shall contain information about the voluntary fee under this subsection.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 31-2-704. Payment of fees; issuance of numbered decal; trespass warning printed on decal.

1. Upon receipt of user registration fees imposed under this article, the selling agent shall issue a numbered decal which shall be prominently displayed on the off-road recreational vehicle.
2. Numbered decals issued under this article shall contain the following language: “Warning: trespass upon private property while operating an off-road recreational vehicle is punishable by imprisonment up to six (6) months, a fine up to seven hundred fifty dollars ($750.00), or both, under W.S. 6-3-303 .”

History. Laws 2001, ch. 182, § 1.

§ 31-2-705. Lost, mutilated or destroyed decal.

In the event of loss, mutilation or destruction of any numbered decal, the owner of an off-road recreational vehicle may obtain a duplicate or new numbered decal from any authorized selling agent or any employee of the department of state parks and cultural resources upon filing an affidavit explaining the loss, mutilation or destruction of the original numbered decal and paying a fee of two dollars ($2.00). The selling agent shall forward to the department of state parks and cultural resources one dollar ($1.00) of each fee collected under this section to be deposited in the account created by W.S. 31-2-703(c).

History. Laws 2001, ch. 182, § 1.

§ 31-2-706. Duration of decal.

Each decal issued under this article is effective for the calendar year and shall expire on December 31 of the registration year.

History. Laws 2001, ch. 182, § 1.

§ 31-2-707. Exemptions.

1. Off-road recreational vehicles owned or used by a governmental agency are exempt from this article.
2. In addition to subsection (a) of this section, the off-road recreational vehicle trail user registration required under this article may be waived on an annual basis by the director of the department of state parks and cultural resources for any area designated by the department through a cooperative agreement whereby other governmental agencies agree to contribute to the off-road recreational vehicle trail maintenance and grooming for that area.
3. Off-road recreational vehicles, when being operated for agricultural use, including but not limited to irrigation, fencing or moving livestock, are exempt from this article.

History. Laws 2001, ch. 182, § 1; 2011, ch. 158, § 1.

The 2011 amendment, added (c).

Laws 2011, ch. 158, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 31-2-801. Perfection of a security interest in a vehicle or motor vehicle.

1. Perfection of a security interest in a vehicle or motor vehicle required to be titled as hereinafter defined shall occur upon delivery of the following to the office of the county clerk in which the vehicle is located:
   1. A financing statement or security agreement; and
   2. A properly tendered, completed application for certificate of title along with the valid title of record issued pursuant to W.S. 31-2-103 .
2. Upon receiving the information required under subsection (a) of this section, the county clerk shall endorse the certificate of title to the vehicle or motor vehicle with the lien information, including the month, day and year it was delivered to the county clerk.
3. Each owner of a vehicle or motor vehicle concerning which an original or substitute certificate of title has been issued who encumbers the title thereto, shall deliver the certificate to the holder of the security interest who, within five (5) days thereafter, shall deliver the certificate to the clerk of the county in which the vehicle is located, and the clerk shall then endorse on the face of the certificate appropriate notation showing the date and amount of the security interest, and the name of the secured party. If the clerk issued the certificate, he shall immediately endorse the same security interest data on the certificate copy on file in his office. If the certificate was issued in some other county or state, he shall promptly transmit to the state or county officer who issued the certificate the same security interest data and the other officer shall promptly endorse same on the certificate copy on file in his office. Every financing statement or security agreement delivered pursuant to the provisions of this subsection shall take effect and be in force from and after the time the secured party delivers a properly tendered, complete application for a certificate of title issued pursuant to W.S. 31-2-103 and the financing statement or security agreement to the office of the county clerk of the county in which the vehicle is located and not before, as to all creditors, subsequent purchasers and holders of a security interest in good faith for valuable consideration and without notice.
4. When a termination statement has been filed pursuant to W.S. 34.1-9-513, the owner of the motor vehicle shall present the certificate of title to the county clerk in whose office the financing statement has been filed, and the county clerk shall endorse a statement of the termination of the security interest on the face of the certificate. If the clerk issued the certificate of title, he shall endorse a like statement of termination of the security interest on the certificate copy on file in his office, but otherwise he shall promptly transmit to the state or county officer who issued the certificate of title the statement of termination for endorsement on the certificate copy on file in his office.
5. Repealed by Laws 2003, ch. 129, § 2.
6. The term “vehicle or motor vehicle required to be licensed” and the words “vehicle” and “motor vehicle” as used in this section means and includes all vehicles, motor vehicles, house trailers, trailers, semitrailers, motor coaches, trailer coaches, trucks, motorcycles, multipurpose vehicles and mobile homes required by the motor vehicle laws of the state of Wyoming to have a certificate of title or required to be registered or licensed under the laws of this state and includes off-road recreational vehicles for which a certificate of title has been issued under the laws of this state.
7. When the certificate of title to the vehicle or motor vehicle is not available for perfection under subsection (a) of this section, a “transitional ownership document”, on a form prescribed by the department of transportation, may be delivered with the financing statement or security agreement and the fee as specified in W.S. 18-3-402(a)(xvi)(T) to enable a security interest to be perfected in a timely manner. The transitional ownership document serves to perfect a lien upon receipt by the county clerk as to all creditors, subsequent purchasers and holders of a security interest in good faith for valuable consideration and without notice. No endorsement on the transitional ownership document is required to perfect the security interest. Within ninety (90) days from the date of the financing statement or security agreement, the certificate of title shall be filed along with a five dollar ($5.00) fee with the county clerk. If the certificate of title is not timely filed, the transitional ownership document is invalid, without force and effect.

History. Laws 2001, ch. 137, § 2; 2003, ch. 129, §§ 1, 2; 2007, ch. 34, § 1; 2021, ch. 137, § 1.

Cross references. —

As to laws pertaining to security interests in general, see article 9 of title 34.1

Amendment effective January 1, 2008. —

Laws 2007, ch. 34, § 1, effective January 1, 2008, amends this section by inserting “multipurpose vehicles” in (d).

The 2021 amendment, effective July 1, 2021, in (a), deleted "Two (2) steps are required for" at the beginning, substituted "titled" for "licensed," added "shall occur upon delivery of the following to the office of the county clerk in which the vehicle is located" and made a related change; deleted "must be filed in the office of the county clerk of the county in which the vehicle is located" in (a)(i); added (a)(ii); redesignated former (a)(ii) as (b); rewrote current (b), which read, "A notation of the security interest must be endorsed on the certificate of title to the vehicle or motor vehicle, the endorsement to be made concurrently with the filing of the financing statement or security agreement"; redesignated former (b) through (f) as (c) through (g); in current (c), substituted "the" for "such" preceding "clerk" in the second sentence, substituted "the" for "such" preceding "other officer" in the third sentence, in the fourth sentence, substituted "delivered" for "when filed" and "the secured party delivers a properly tendered, complete application for a certificate of title issued pursuant to W.S. 31-2-103 and the financing statement or security agreement to the office of the county clerk of the county in which the vehicle is located" for "of filing"; in current (g), substituted "delivered" for "filed" in the first sentence and "receipt by the county clerk" for "the date of filing" in the second sentence.

Perfecting lien after bankruptcy petition. —

Bankruptcy court properly released a creditor's lien on a vehicle, where after bankruptcy court ordered return of the vehicle as well as its turnover, creditor attempted to note a lien on the title in the amount of $ 0.00, which was insufficient to satisfy Wyo. Stat. Ann. § 31-2-801 , prompting the bankruptcy court to observe that the creditor made the notation “out of spite;” moreover, the creditor did not seek relief from the automatic stay before attempting to note its lien, and, thus, it was proper for the bankruptcy court to prevent the creditor's attempt at perfecting its lien post-petition. Johnson v. Smith (In re Johnson), 501 F.3d 1163, 2007 U.S. App. LEXIS 20688 (10th Cir. 2007).

§ 31-2-802. Terminal rental adjustment clause.

1. Notwithstanding any other provision of law, in the case of a motor vehicle or trailer that is not leased, or used, primarily for personal, family or household purposes, a transaction does not create a sale or security interest merely because the contract on which the transaction is based contains a terminal rental adjustment clause.
2. As used in this section, “terminal rental adjustment clause” means a provision in a contract permitting or requiring the rental price of a motor vehicle or trailer to be adjusted either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
3. Nothing in this section exempts a motor vehicle or trailer from the payment of any fees or taxes required at the time of titling or registering a vehicle under article 1 of this chapter [§ 31-2-101 et seq].

History. Laws 2003, ch. 135, § 1.

§ 31-3-101. Registration fees; exemptions.

1. Except as otherwise provided, the following fees shall accompany each application for the registration of a vehicle:
   1. A county registration fee computed as follows, or five dollars ($5.00), whichever is greater:
      1. 3% of 60% of the factory price plus special equipment value for a vehicle in its first year of service;
      2. 3% of 50% of the factory price plus special equipment value for a vehicle in its second year of service;
      3. 3% of 40% of the factory price plus special equipment value for a vehicle in its third year of service;
      4. 3% of 30% of the factory price plus special equipment value for a vehicle in its fourth year of service;
      5. 3% of 20% of the factory price plus special equipment value for a vehicle in its fifth year of service;
      6. 3% of 15% of the factory price plus special equipment value for a vehicle in its sixth year of service and thereafter.
   2. A state registration fee computed as follows:
      1. Passenger cars  . . . . .  $30.00
      2. School buses  . . . . .  $25.00
      3. Repealed by Laws 2014, ch. 128, §  2.
      4. Motorcycles, autocycles and multipurpose vehicles  . . . . .  $25.00
      5. House trailers and other noncommercial vehicles based on unladen weight, which for purposes of this subparagraph only, shall be by the manufacturer’s published weight, if available:
         1. 1,000 pounds or less  . . . . .  $ 5.00
         2. 1,001 to 3,500 pounds  . . . . .  $30.00
         3. 3,501 to 4,500 pounds  . . . . .  $40.00
         4. 4,501 to 5,500 pounds  . . . . .  $50.00
         5. 5,501 to 6,000 pounds  . . . . .  $70.00
         6. 6,001 pounds or more  . . . . .  $90.00
      6. Commercial vehicles, except passenger cars, school buses, house trailers, multipurpose vehicles, autocycles and motorcycles for which the fees shall be computed based on gross vehicle weight pursuant to W.S. 31-18-401 ;
      7. Repealed by Laws 2009, ch. 16, § 4.
      8. Commercial vehicles being operated as a combination of two (2) or more vehicles shall be registered on the gross combined weight and pay fees as prescribed by W.S. 31-18-401 (a)(ii)(A) and 31-18-401(a)(iii).
   3. Except as otherwise provided in W.S. 31-18-201(d)(iii), an equalized highway use tax collected by the department in lieu of the county registration fee imposed by paragraph (a)(i) of this section for commercial vehicles or fleets proportionally registered under W.S. 31-18-201(d)(ii);
   4. As used in this subsection, “special equipment value” shall not include any value from an assistive device.
2. The fees prescribed by subsection (a) of this section are modified for owners of the following vehicles:
   1. and (ii) Repealed by Laws 1987, ch. 90, § 2.
   2. War veteran owners of vehicles entitled to exemptions pursuant to W.S. 39-11-105(a)(xxiv) and 39-13-105 may claim unused exemptions against the fees prescribed by paragraph (a)(i) of this section;
   3. Repealed by Laws 1987, ch. 90, § 2.
   4. Repealed by Laws 1997, ch. 154, § 3.
   5. Any veteran as defined by W.S. 39-13-105 (a) who was a prisoner of war while serving in the armed forces of the United States is exempt from the fees provided by subsection (a) of this section for one (1) vehicle owned by the claimant. In order to receive the exemption, the claimant shall file with the county treasurer a sworn claim at the time of registration indicating the claimant’s right to the exemption. County assessors shall file notice of the number of exemptions granted and revenue lost in the same manner provided by W.S. 39-13-102(k);
   6. Fees prescribed in subsection (a) of this section for vehicles not previously qualified for operation in this state are reduced by the proportionate share of the year prior to first operation if the vehicles have not been illegally operated on the highways of this state prior to application for registration;
   7. A farmer, rancher, logger or well servicer who owns a commercial vehicle or combination of commercial vehicles operated by him or his employees primarily in agricultural operations, logging operations from the source to the mill, or in the servicing of well field operations and registered with the county treasurer under W.S. 31-18-201(b)(ii) shall pay twenty-five percent (25%) of the fee prescribed in subparagraph (a)(ii)(F) of this section;
   8. An owner of a commercial vehicle or combination of vehicles registered with the county treasurer under W.S. 31-18-201(b)(ii), except for a vehicle owner whose fee is modified pursuant to paragraph (viii) of this subsection, shall pay a percentage of the state registration fee prescribed by subparagraph (a)(ii)(F) of this section as provided in the table below if the owner states under oath on a form prescribed and furnished by the department that the owner will not operate the vehicle or combination of vehicles more than the applicable number of miles stated in the table below on highways in the calendar year of registration: NUMBER OF MILES OPERATED PERCENTAGE OF STATE FEE 2,500 miles or less 15% 2,501 to 5,000 20% 5,001 to 10,000 miles 25% 10,001 to 20,000 miles 50% 20,001 to 30,000 miles 75% Click to view
   9. The department shall prescribe by rule and regulation a means to identify conspicuously the vehicle or combination of vehicles for which a percentage of the state fee is paid at the time of registration pursuant to paragraphs (viii) and (ix) of this subsection. The department shall furnish the means of identification to each county treasurer to be issued at the time of registration. The vehicle owner shall display the means of identification as required by rules and regulations of the department. Failure to display the identification as required shall result in the penalties provided by law for failure to display a license plate;
   10. If an owner of a commercial vehicle or combination of vehicles who pays a percentage of the state fee pursuant to paragraph (ix) of this subsection desires to increase the authorized amount of mileage for which the vehicle or combination of vehicles is registered, he shall pay an additional fee equal to the fee due for the additional amount of miles less the amount of fee paid at the time of registration. If the department determines through an audit, a verification of mileage statements or other means that the owner of a commercial vehicle or combination of vehicles has exceeded the authorized amount of mileage, an additional fee shall be due equal to twice the amount that should have been paid for the actual amount of miles driven less the fee paid pursuant to this paragraph and paragraph (ix) of this subsection;
   11. Repealed by Laws 2009, ch. 16, § 4.
   12. A vehicle designed and used exclusively for the purpose of removing, towing or transporting wrecked, disabled or replacement vehicles incidental to an accidentally wrecked or disabled vehicle shall be considered a single unit and the fees prescribed by subparagraph (a)(ii)(F) and paragraph (a)(iii) of this section shall be based only on the gross weight of the towing vehicle;
   13. From and after January 1, 1993, vehicles owned and primarily operated by an enrolled member of the Eastern Shoshone or Northern Arapaho Indian tribe who resides within the exterior boundaries of the state of Wyoming on the Wind River Indian Reservation or on other Indian country as defined by 18 U.S.C. § 1151 are exempt from fees provided by paragraph (a)(i) of this section. To receive the exemption, at the time of first registering the vehicle for which the owner qualifies for the exemption under this paragraph, the claimant shall file a sworn claim with the county treasurer indicating the claimant’s right to the exemption. If the claimant ceases to be an enrolled tribal member or ceases to reside within an area under this paragraph that creates the claimant’s right to the exemption under this paragraph, the claimant shall pay fees as required under paragraph (a)(i) of this section beginning when the vehicle’s annual registration is next due following the change in eligibility. County treasurers shall file notice of the exemptions granted and revenue lost and may be reimbursed by the state treasurer for all or a portion of revenue lost from funds appropriated for that purpose, in the same manner and subject to the same time limitation as provided for veteran exemptions under W.S. 39-13-102(k). The department, in consultation with the state treasurer, shall prescribe forms and procedures necessary to implement this paragraph. A vehicle registration issued under this paragraph shall indicate that the claimant received the exemption and shall include the text, “IF A CLAIMANT’S ELIGIBILITY FOR THIS TRIBAL MEMBER RESIDENTIAL EXEMPTION CHANGES, THE CLAIMANT SHALL NOTIFY THE COUNTY TREASURER WITHIN SIXTY (60) DAYS OF THE CHANGE.” When an annual registration for a vehicle registered under this section is due to be renewed the county treasurer shall notify a claimant of the duty to inform the county treasurer if the claimant is no longer eligible for this exemption;
   14. A disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran’s affairs is exempt from the fees imposed under subsection (a) of this section for one (1) vehicle owned by the claimant for which the claimant qualifies for a license plate in accordance with W.S. 31-2-215 . County treasurers shall file notice with the department of revenue of the number of exemptions granted and the fiscal impact on revenues.
3. When a factory price or special equipment value is not available for the computation of fees as required by this act an affidavit of valuation executed by the owner may be accepted. When an affidavit is presented for a homemade trailer or homemade special equipment, an affidavit of valuation executed by the owner may be accepted but the valuation given shall not be less than the actual cost of construction of the trailer or homemade special equipment. The county clerk or treasurer may also utilize a valuation for any trailer set by the county assessor. In no event shall any special equipment for which a registration has been issued be assessed for property taxation purposes pursuant to W.S. 39-13-103 .
4. The fees prescribed by subsection (a) of this section collected for the registration of a vehicle are in lieu of taxes provided by W.S. 39-13-101 through 39-13-111 .
5. and (f) Repealed by Laws 1990, ch. 93, § 3.
6. Owners of the following vehicles are exempt from the payment of fees provided by subsections (a) and (b) of this section:
   1. Vehicles owned by the United States, state of Wyoming, county, city, town or political subdivision of Wyoming or a joint powers board created under W.S. 16-1-101 through 16-1-109 , or vehicles owned by an irrigation district created under W.S. 41-7-201 through 41-7-210 or vehicles owned by a weed and pest control district created under W.S. 11-5-101 et seq. provided the vehicles are essential to the operation and maintenance of the district and are used for no business or commercial activity unrelated to the operation and maintenance of the district, or vehicles owned by a senior citizen center that is providing services to senior citizens under W.S. 18-2-105 ;
   2. Motor vehicles which have not been operated or driven upon Wyoming highways during the registration year upon the verified affidavit by the owner stating facts entitling him to relief;
   3. Antique motor vehicles if registered pursuant to W.S. 31-2-223 ;
   4. Vehicles held for sale by licensed Wyoming dealers or manufacturers.
7. Any owner of a vehicle who wishes to donate money to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts shall be provided space on the registration form to do so pursuant to W.S. 31-2-225(a)(v). Any money received under this subsection shall be forwarded by the county treasurer to the state treasurer to be deposited into a separate account to be used as provided by W.S. 35-5-225 .
8. Any owner of a vehicle who wishes to donate money to provide for wildlife conservation efforts related to the transportation system shall be provided space on the registration form to do so pursuant to W.S. 31-2-225(a)(vi). Revenues collected under this subsection shall be forwarded by the county treasurer to the state treasurer to be deposited into the wildlife conservation account created by W.S. 31-2-231(b).

History. Laws 1984, ch. 47, § 3; 1987, ch. 90, §§ 1, 2; 1989, ch. 7, § 2; ch. 129, § 1; 1990, ch. 7, § 1; ch. 93, §§ 1 to 3; 1991, ch. 20, § 1; 1992, ch. 9, § 1; 1993, ch. 68, § 2; 1994, ch. 44, § 1; 1995, ch. 146, § 2; 1997, ch. 54, § 1; ch. 154, § 3; 1998, ch. 5, § 2; ch. 43, § 1; 2000, ch. 75, § 2; 2001, ch. 18, § 1; 2005, ch. 37, § 1; ch. 231, § 1; 2007, ch. 34, § 1; 2009, ch. 16, §§ 2, 4; ch. 97, § 2; 2013, ch. 74, § 1; 2014, ch. 128, §§ 1, 2; 2015, ch. 93, § 1; 2017, ch. 165, § 1; ch. 210, § 1; 2020, ch. 32, § 1; 2021, ch. 16, § 1.

Cross references. —

As to limitation on imposition of fees by local authorities, see § 31-5-110 .

The 2005 amendments. —

The first 2005 amendment, by ch. 37, § 1, effective July 1, 2005, added (b)(xv).

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, in (h), substituted “a separate account” for “an account within the special revenue fund.”

See the conflicting legislation note. This section is set out incorporating amendments made by both 2005 acts.

The 2007 amendment, effective January 1, 2008, amends (a)(ii) by inserting “and multipurpose vehicles” in (D); and making a similar change in (F).

The 2009 amendments. —

The first amendment, by ch. 16, §§ 2 and 4, effective January 1, 2010, inserted “plus special equipment value” in (a)(i)(A) through (a)(i)(F); repealed former (a)(ii)(G), which pertained to equipped vehicles and fees; repealed former (b)(xii), which pertained to fees prescribed in subparagraph (a)(ii)(F) and paragraph (a)(iii); in (c), substituted “a” for “no” near the beginning, inserted all references to special equipment or homemade special equipment value, and added the last sentence; substituted “have not been” for “will not be” in (g)(ii); added “if registered pursuant to W.S. 31-2-223 ” in (g)(iii); and substituted “31-2-225(a)(v)” for “31-2-201(b)(v)” in the first sentence of (h).

The second amendment, by ch. 97, § 2, effective July 1, 2009, substituted “35-5-225” for “35-5-118“ in the last sentence of (h).

The 2013 amendment, effective July 1, 2013, added (a)(iv).

The 2014 amendment, effective January 1, 2015, in (a)(ii)(E), substituted “Other noncommercial vehicles based on unladen weight” for “House trailers and other noncommercial vehicles based on unladen weight, which for purposes of this subparagraph only, shall be by the manufacturer's published weight, if available”; and repealed former (a)(ii)(C) which read: “House trailers . . . . . $15.00.”

The 2015 amendment, effective July 1, 2015, in (a)(xv), combined and rewrote the former first and second sentences, which read: “A disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran's affairs is exempt from the fees imposed under subsection (a) of this section for one (1) vehicle, other than a bus or motor home, owned by the claimant. Application for the exemption under this paragraph shall be in accordance with W.S. 31-2-215 .”

The 2017 amendments. —

The 2017 amendments. — The first 2017 amendment, by ch. 165, § 1, in (a)(ii)(D) added “autocycles” and substituted “25.00” for “12.00,” in (a)(ii)(F) added “autocycles” following “multipurpose vehicles”; and made related changes.

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The second 2017 amendment, by ch. 210, § 1, effective July 1, 2017, in (a)(ii)(A) substituted “30.00” for “15.00,” in (a)(ii)(B) substituted “25.00” for “10.00,” in (a)(ii)(C) substituted “25.00” for “12.00,” in (a)(ii)(E)(I) substituted “5.00” for “2.00,” in (a)(ii)(E)(II) substituted “30.00” for “15.00,” in (a)(ii)(E)(III) substituted “40.00” for “20.00,” in (a)(ii)(E)(IV) substituted “50.00” for “30.00,” in (a)(ii)(E)(V) substituted “70.00” for “40.00,” and in (a)(ii)(E)(VI) substituted “90.00” for “60.00.”

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

The 2020 amendment, effective July 1, 2020, added (j).

The 2021 amendment, effective July 1, 2021, in (b)(xiv), rewrote the second sentence, which read, "In order to receive the exemption, the claimant shall file a sworn claim with the county treasurer at the time of registration indicating the claimant's right to the exemption" and added the third, sixth and seventh sentences.

Editor's notes. —

Laws 1993, ch. 98, §§ 2 and 4(c) amended § 31-3-101(a)(ii)(f) and (iii) effective January 1, 1994 only if 1993 Senate File No. 0042 was not enacted and did not become law. Senate File No. 0042 was enacted as Laws 1993, ch. 68.

Laws 2015, ch. 93, § 1 purported to amend (a)(xv); the amendment is set out to (b)(xv) by direction of the Legislative Service Office.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (c), see § 31-1-101(a)(xxii).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Municipality may only impose regulatory fees. —

In view of this section, no fee, except at most one which is regulatory and which, accordingly, must not be disproportionate to expense involved, may be charged by a municipality on motor vehicles. Western Auto Transps. v. Cheyenne, 57 Wyo. 351, 118 P.2d 761, 1941 Wyo. LEXIS 36 (Wyo. 1941).

Registration fees not paid on dealer-owned vehicles. —

For the most part, registration fees are not paid by any taxpayer for the period of time a motor vehicle is owned by a dealer and held by him for sale. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

But automobile dealers are not exempted from the payment of inventory taxes, because they are not included in the class of owners referred to in this section. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

Exemption limited to owner subject to registration fees. —

The language employed in subsection (d) seems to limit the exemption from all other taxes to the owner upon whom registration fees have been imposed, he only being the grantee of the exemption. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

And it cannot pass to a vendee or other owner, whether he be a dealer or some other person. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

Unless vendee makes registration. —

In the case of a purchaser who is not a dealer, he of course makes a registration, and he thereby obtains exemption from other taxes. State Bd. of Equalization v. Wyoming Auto. Dealers Ass'n, 395 P.2d 741, 1964 Wyo. LEXIS 123 (Wyo. 1964).

§ 31-3-102. Miscellaneous fees.

1. The following fees shall be collected for the instruments or privileges indicated:
   1. Distinctive license plates indicating public ownership issued to  governmental agencies  . . . . .  Cost
   2. License plates not indicating public ownership issued to  governmental agencies  . . . . .  No Fee
   3. Repealed by Laws 1985, ch. 207, § 3.
   4. Repealed by Laws 2009, ch. 16, § 4.
      1. and (B) Repealed by Laws 1985, ch. 67, § 1.
   5. All demo or manufacturer license plates  . . . . .  $25.00
      1. and (B) Repealed by Laws 1985, ch. 67, § 1.

         (C) Full use plates . . . . . $125.00

   6. Duplicate certificate of registration  . . . . .  $4.00
      1. New license plates upon loss, mutilation or destruction of initial plates . . . . .  $8.00
      2. New validation stickers upon loss, mutilation or destruction of  initial stickers  . . . . .  $6.00
      3. Duplicate license plates that have to be produced for prestige, specialty and preferred number series plates upon loss, mutilation or destruction of initial license plates  . . . . .  $30.00
   7. Certificate of title, original or duplicate  . . . . . $15.00
   8. Personalized license plates, payable only if plates are issued  . . . . .  $30.00
   9. Dealer certificate, each principal place of business within each county  . . . . .  $100.00
   10. Temporary license permits  . . . . .  Cost
   11. Repealed by Laws 1997, ch. 154, § 3.
   12. Following transfer of ownership of a vehicle between two (2) or more  joint owners, or by an owner to his spouse, child, brother, sister or parent  for new registration  . . . . .  $4.00
   13. Antique motor vehicles
       1. Initial license plates  . . . . .  $10.00
       2. Transfer of license plates  . . . . .  $2.00
   14. Radio amateur license plates  . . . . .  $30.00
   15. Loaded vehicle demonstration permit under W.S. 31-18-404(d) . . . . .  $15.00
   16. Demonstration permit under W.S. 31-2-201(n) . . . . .  $10.00
   17. Manufacturer certificate, each established place of business . . . . .  $100.00
   18. Repealed by Laws 2009, ch. 16, § 4.
   19. Repealed by Laws 2017, ch. 48, § 2.
   20. Street rod  . . . . .  $100.00
   21. Custom vehicle  . . . . .  $100.00
   22. Optional embossed license plates . . . . .  $50.00
   23. An annual  decal which shall include the bucking  horse and rider emblem for a plug-in registered and  licensed electric vehicle as defined in W.S. 39-17-301(a)(xxxviii) . . . . . $200.00
2. A ten dollar ($10.00) fee shall be collected for each vehicle identification number or rebuilt salvage vehicle decal inspected pursuant to W.S. 31-2-103(a)(vi) or 31-2-108(d). If a vehicle is presented for inspection of both vehicle identification number and rebuilt salvage vehicle decal at the same time, or both vehicle identification number (VIN) and hull identification number (HIN) or motorboat certificate of number inspection at the same time, only one (1) fee of ten dollars ($10.00) shall be collected. The fee shall be deposited as follows:
   1. If the inspection is performed by a city or town’s police officer then in the city or town’s general fund;
   2. If the inspection is performed by a county sheriff then in the county’s general fund;
   3. If the inspection is performed by a state trooper then in the state’s general fund;
   4. If the inspection is performed by a law enforcement officer in a state other than Wyoming then in the general fund of the county where application for certificate of title is made; or
   5. If the inspection is performed by game and fish law enforcement personnel pursuant to W.S. 7-2-101(a)(iv)(C)(IV) then in the state’s game and fish fund.

History. Laws 1984, ch. 47, § 3; 1985, ch. 67, § 1; ch. 207, § 3; 1987, ch. 72, § 1; ch. 102, § 1; 1988, ch. 36, § 1; 1989, ch. 7, § 2; ch. 256, § 2; 1994, ch. 71, § 1; 1995, ch. 91, § 1; ch. 127, § 1; 1997, ch. 154, §§ 2, 3; 1999, ch. 3, § 1; 2000, ch. 48, § 2; 2001, ch. 72, § 2; ch. 183, § 1; 2002 Sp. Sess., ch. 96, § 1; 2009, ch. 16, §§ 2, 4; ch. 46, § 2; ch. 164, § 2; 2013, ch. 77, § 1; 2014, ch. 23, § 1; 2015, ch. 28, § 2; 2016, ch. 19, § 1; 2017, ch. 48, § 2; 2019, ch. 121, § 1.

Cross references. —

As to fees for commercial vehicles, see § 31-18-201(d).

As to special fuels taxes, see § 39-17-201 et seq.

The 2009 amendments. —

The first amendment, by ch. 16, §§ 2 and 4, effective January 1, 2010, repealed the introductory language of (a)(iv), which read: “Motorcycle dealer or motorcycle manufacturer license plates . . . . . $5.00”; deleted “other” following “All” in (a)(v); deleted “or duplicate” following “New” in (a)(vi)(A); added (a)(vi)(C); deleted “including a nontransferable certificate for registration purposes under W.S. 31-2-102(a)(iii)” following “title” in (a)(vii); substituted “31-2-201(n)” for “31-2-201(g)” in (a)(xvi); and repealed (a)(xviii), which read: “Antique vehicle dealer certificate . . . . . $250.00.”

The second 2009 amendment, by ch. 46, § 2, effective July 1, 2010, added (a)(xx) and (a)(xxi).

The third 2009 amendment, by ch. 164, § 2, effective January 1, 2010, added (a)(xxii).

This section is set out as reconciled by the Wyoming legislative service office.

The 2013 amendment, effective July 1, 2013, in (a)(vii) substituted “$15.00” for “$9.00;” and in (b) substituted “ten dollar ($10.00)” for “ five dollar ($5.00)” in the first sentence, substituted “identification” for “inspection,” and substituted “ten dollars ($10.00)” for “five dollars ($5.00)” in the second sentence.

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (b), inserted “or both vehicle identification number (VIN) and hull identification number (HIN) or motorboat certificate of number inspection at the same time”; added (b)(v); and made stylistic changes.

The 2015 amendment, effective July 1, 2015, added (a)(xxiii).

The 2016 amendment , effective July 1, 2016, in (a)(xxiii), substituted “An annual” for “For a” and added “registered and licensed” preceding “electric vehicle.”

The 2017 amendment, effective July 1, 2017, repealed former (a)(xix), which read: “Veteran license sticker Cost.”

The 2019 amendment, effective July 1, 2019, in (a)(xxiii), added “which shall include the bucking horse and rider emblem” following “annual decal,” and substituted “$200.00” for “$50.00.”

§ 31-3-103. Distribution of fees; refunds.

1. Fees collected pursuant to W.S. 31-3-101(a)(i) for the registration of Wyoming based commercial vehicles or fleets pursuant to this act shall be distributed monthly to the county in which each vehicle or fleet is principally located and for the registration of non-Wyoming based commercial vehicles or fleets, rental vehicles, utility trailers and rental trucks shall be distributed monthly to the counties in the ratio that the total miles of primary, secondary and interstate highways in each county bears to the total miles of primary, secondary and interstate highways in the state.
2. Fees collected pursuant to W.S. 31-3-101(a)(i) and subsection (a) of this section shall be distributed by county treasurers in the same proportions and manner as property taxes are distributed.
3. All other fees shall be credited to the state highway fund except as otherwise provided.
4. Except as otherwise provided no fees shall be refunded unless paid and collected by mistake.
5. Fifty percent (50%) of the fees collected pursuant to W.S. 31-3-102(a)(vi)(A) through (C) and (xii) shall be distributed to the county general fund in the county where the fees were collected.
6. One dollar ($1.00) of the fees collected pursuant to W.S. 31-3-102(a)(vii) shall be credited to the county abandoned vehicle account created by W.S. 31-13-111(b).
7. Fees collected by U-Drive-It vehicle or rental vehicle agencies pursuant to W.S. 31-19-105 in excess of registration fees paid on rental vehicles in Wyoming shall be distributed as follows:
   1. Fifty percent (50%) of the fees shall be distributed to the state highway fund;
   2. Fifty percent (50%) of the fees shall be distributed to the counties in the ratio that the total miles of primary, secondary and interstate highways in each county bears to the total miles of primary, secondary and interstate highways in the state.
8. Of the fees collected pursuant to W.S. 31-3-101(a)(ii)(D), seven dollars ($7.00) of each registration shall be deposited in the motorcycle safety education program account created by W.S. 31-5-1506 .
9. Eighty percent (80%) of the fees collected for demo or manufacturer license plates pursuant to W.S. 31-3-102(a)(v) shall be distributed to the state highway fund. Twenty percent (20%) of the fee shall be distributed to the county general fund in the county where the fees were collected.
10. The fees collected for full use plates pursuant to W.S. 31-3-102(a)(v)(C) shall be distributed by the county treasurers as follows:
    1. Eighty percent (80%) shall be distributed in the same proportions and manner as property taxes are distributed;
    2. Twelve percent (12%) of the fee shall be distributed to the state highway fund;
    3. Eight percent (8%) of the fee shall be distributed to the county general fund in the county where the fees were collected.

History. Laws 1984, ch. 47, § 3; 1988, ch. 36, § 1; 1989, ch. 256, § 2; 1993, ch. 27, § 1; 1994, ch. 90, § 2; 1995, ch. 114, § 1; ch. 146, § 2; 1997, ch. 154, § 2; 2000, ch. 48, § 2; 2009, ch. 16, § 2; ch. 128, § 2.

Cross references. —

As to state highway fund generally, see § 24-1-119 .

The 2009 amendments. —

The first amendment, by ch. 16, effective January 1, 2010, substituted “31-3-102(a)(vi)(A) through (C)” for “31-3-102(a)(vi)(A) and (B)” in (e).

The second amendment, by ch. 128, § 2, effective January 1, 2010, rewrote the introductory language of (g), which read: “Fees collected by U-Drive-It motor vehicle or car rental companies pursuant to W.S. 31-3-104 in excess of registration fees paid on trucks or passenger vehicles in Wyoming shall be distributed as follows”.

This section is set out as reconciled by the Wyoming legislative service office.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-1-101(a)(xxii).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

§ 31-3-104. [Renumbered.]

Amended and renumbered as § 31-19-105 by Laws 2009, ch. 128, § 3.

Amended and renumbered effective January 1, 2010. —

This section was amended by Laws 2009, ch. 16, § 2, and amended and renumbered by Laws 2009, ch. 128, § 3. The amendment and renumbering by ch. 128 was implemented at the direction of the Legislative Service Office.

§ 31-4-101. General prohibitions.

1. No person shall knowingly operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle:
   1. Unless a valid certificate of title, certificate of registration and license plates or temporary permits have been issued for the vehicle except as otherwise provided by this act;
   2. Unless valid license plates or permits issued for the vehicle are displayed on the vehicle as provided by this act except as otherwise provided by this act;
   3. With license plates, validation stickers or license permits altered, mutilated or obscured so as to prevent the license plate number from being easily read.
2. No person shall alter or mutilate any valid license plate, sticker or permit.
3. Repealed by Laws 1991, ch. 116, § 2.
4. No person shall sell or transfer his interest in a vehicle for which a certificate of title is required unless he has obtained a certificate and assigns his interest on the title except as otherwise provided by this act.
5. No person shall operate a vehicle in any manner with an expired or improper registration, permit, decal or any other department approved registration upon any highway or other publicly maintained roadway in this state.

History. Laws 1984, ch. 47, § 3; 1991, ch. 116, § 2; 2009, ch. 16, § 2.

The 2009 amendment, effective January 1, 2010, deleted “or nontransferable certificate under W.S. 31-2-102(a)(iii)” following “title” in (a)(i); and added (e).

Cross references. —

As to replacement of mutilated or destroyed registration, plates or stickers, see § 31-2-212 .

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-1-101(a)(xxii).

Cited in

Clay v. State, 2016 WY 55, 372 P.3d 195, 2016 Wyo. LEXIS 59 (Wyo. 2016).

Stated in

Dotson v. State, 712 P.2d 365, 1986 Wyo. LEXIS 447 (Wyo. 1986).

§ 31-4-102. Falsifications; alterations, forgery or counterfeiting; penalties.

1. No person shall knowingly make a false statement in any application or other document required under this act.
2. No person shall alter with fraudulent intent, forge or counterfeit any certificate of title, certificate of registration, or assignment of a certificate of title. No person shall hold or use any certificate of title or certificate of registration knowing the same to have been altered, forged or counterfeited.
3. Any person convicted of a violation of subsection (a) or (b) of this section is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than two (2) years, or both.

History. Laws 1984, ch. 47, § 3; 1991, ch. 116, § 1.

Cross references. —

As to forgery generally, see §§ 6-3-602 and 6-3-603 .

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-1-101(a)(xxii).

§ 31-4-103. Failure to maintain liability coverage; penalties; exceptions.

1. No owner of a motor vehicle currently required to be registered or which is required to be registered within a period of time, shall operate or permit the operation of his motor vehicle without having in full force and effect a motor vehicle liability policy in amounts provided by W.S. 31-9-405(b), a bond in amounts provided by W.S. 31-9-102(a)(xi) or, when applicable, in amounts as required by W.S. 31-20-107(b) and (c). Violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00), or both. For a second or subsequent violation of this subsection, the judge shall require the defendant to deliver the registration and license plates of the vehicle involved to the county treasurer for the county where the citation was issued, and the registration and license plates shall be held by the county treasurer until such time as the judge determines that the defendant has met all obligations imposed by law. Excusable neglect or mistake by another is a defense for any violation of this subsection. If evidence of excusable neglect or mistake by another is presented and the defendant is convicted, the court may consider this evidence in imposing a penalty under this subsection. The judge may suspend part or all of the sentence under this subsection and place the defendant on probation subject to conditions imposed by the judge which shall include a condition that the defendant shall deliver the registration and license plates of the vehicle involved to the county treasurer for the county where the citation was issued. This subsection does not apply to a vehicle owned by a nonresident and registered in a state requiring insurance if a vehicle insurance policy meeting requirements of the laws and regulations of that state is in effect or unless it otherwise complies with the laws of that state concerning compulsory financial responsibility. The department shall report any violation of this subsection to the motor vehicle administrator in the state wherein the vehicle is registered. A vehicle owned by a nonresident and registered in a state not requiring insurance is exempt from this subsection.
2. Any police officer as defined by W.S. 31-5-102(a)(xxxiii), issuing a citation for any moving violation under W.S. 31-5-101 through 31-5-1402 or inspecting any vehicle, shall require the operator of any motor vehicle required to be registered to produce evidence of whether the operator or owner of the motor vehicle has in full force and effect a motor vehicle liability policy in amounts provided by W.S. 31-9-405(b) or a bond in amounts provided by W.S. 31-9-102(a)(xi). If the operator cannot show proof of financial responsibility, the driver shall have seven (7) days to produce such proof. Any operator or owner of a motor vehicle required to be registered who is not able to demonstrate evidence of compliance with subsection (a) of this section may be charged with violating that subsection. Additionally, the judge may order any driver failing to produce proof of financial responsibility to pay restitution in accordance with W.S. 7-9-101 through 7-9-115 . The displaying or exhibiting of a validly issued insurance identification card as provided by W.S. 31-8-201 by an operator or owner of the motor vehicle constitutes compliance with this section. No operator or owner of a motor vehicle charged with violating this section shall be convicted if he produces in court one (1) of the following which was valid at the time of arrest or at the time the citation was issued:
   1. A liability insurance policy previously issued to him;
   2. Evidence of a bond on file with the department in amounts provided by W.S. 31-9-102(a)(xi).
3. Upon receipt of a notice of a conviction under subsection (a) of this section, the department shall require the person convicted to file and maintain, for a three (3) year period, proof of financial responsibility as required by W.S. 31-9-401 through 31-9-414 . Failure to provide proof of financial responsibility within thirty (30) days after notification shall result in the suspension of the person’s driver’s license and nonresident operating privileges. The suspension shall remain in effect until the required proof of financial responsibility is received by the department.
4. This section does not apply to:
   1. Self-insurers pursuant to W.S. 31-9-414 ;
   2. A vehicle owned by the United States government, any state or political subdivision thereof which is self-insured;
   3. A vehicle meeting the requirements of W.S. 31-9-408 and 31-9-409 ;
   4. A commercial vehicle registered or proportionally registered in this and any other jurisdiction provided the vehicle is covered by a vehicle insurance policy complying with the laws of any other jurisdiction in which it is registered.
5. The department shall adopt by rule and regulation an on-line verification system for motor vehicle insurance or bond as required by this section, subject to the following:
   1. The verification system shall be accessible through the Internet, World Wide Web or a similar proprietary or common carrier electronic system by authorized personnel of the department, the courts, law enforcement personnel, any other entities authorized by the department, and insurers authorized by the insurance department to issue the insurance required by this section;
   2. The verification system shall be available twenty-four (24) hours a day to verify the insurance status of any vehicle registered in Wyoming through the vehicle’s identification number, policy number, registered owner’s name or other identifying characteristic or marker as prescribed by the department in its rules and regulations;
   3. The verification system shall be installed and operational no later than July 1, 2008, following an appropriate testing period;
   4. The department may contract with a private vendor to assist in establishing and maintaining the verification system, which may include a database of information reported to the department by insurers or may provide for direct inquiry of insurers’ records by authorized personnel;
   5. The verification system shall include appropriate provisions, consistent with industry standards, to secure its data against unauthorized access and to maintain a record of all information requests;
   6. Information contained in the verification system shall only be available for inspection under W.S. 16-4-201 through 16-4-205 as provided in W.S. 16-4-203(d)(x);
   7. Notwithstanding the provisions of subsection (b) of this section and W.S. 31-8-203(a), any police officer as defined by W.S. 31-5-102(a)(xxxiii), during a traffic stop or accident investigation, may access information relating to a motor vehicle or an operator subject to the traffic stop, or to a motor vehicle or operator involved in an accident, from the on-line verification system to establish compliance with this section and to verify the current validity of the policy described on any insurance identification card issued pursuant to W.S. 31-8-201 and produced by the operator of a motor vehicle during the traffic stop or accident investigation.

History. Laws 1984, ch. 47, § 3; 1991, ch. 256, § 2; 1997, ch. 9, § 1; 2000, ch. 48, § 2; 2006, ch. 54, § 1; 2010, ch. 36, § 1; 2013, ch. 120, § 1; 2017, ch. 132, § 2; ch. 152, § 1.

Cross references. —

For Insurance Code, see title 26.

The 2006 amendment, effective July 1, 2006, added (e).

The 2010 amendment, substituted “currently required to be registered or which is required to be registered within a period of time” for “required to be registered” in the first sentence of (a).

Laws 2010, ch. 36 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

The 2013 amendment, effective July 1, 2013, deleted “written” in the second and third sentence, and deleted “Effective January 1, 1993” in the fourth sentence in (b).

The 2017 amendments. — The first 2017 amendment, by ch. 152, § 1, in (a), added “or, when applicable, in amounts as required by W.S. 31-20-107(b) and (c)” to the end of the first sentence, and made a related change.

Laws 2017, ch. 132, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2017.

The second 2017 amendment, by ch. 152, § 1, effective July 1, 2017, in (a), substituted “five hundred dollars ($500.00)” for “two hundred fifty dollars ($250.00)”, substituted “one thousand five hundred dollars ($1,500.00)” for “seven hundred fifty dollars ($750.00)”, deleted “On a second or subsequent violation of this subsection, the person may be fined not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500.00), imprisoned for not more than six (6) months, or both. In addition to the fine or imprisonment imposed” at the beginning of the third sentence, and made a related change.

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

Appropriations. —

Laws 2006, ch. 54, § 2, appropriates two hundred fifty thousand dollars from the general fund to the department of transportation for the purposes of this act.

Applicability to operator. —

An operator, as well as the owner, of a motor vehicle can be charged with violating the statutory requirement that owners maintain vehicle liability insurance coverage or bond pursuant to § 31-4-103(a); the legislature's failure to include the word “operator” within the text of subsection (a) does not affect the clear import of the statement in § 31-4-103(b), namely, that any operator or owner of a motor vehicle required to be registered does not demonstrate compliance with subsection (a) may be charged with violating that subsection. State v. Nelson, 2002 WY 99, 49 P.3d 185, 2002 Wyo. LEXIS 104 (Wyo. 2002).

Minimum amount of coverage. —

Automobile liability insurance policies must provide at least the minimum amount of liability insurance coverage required under subsection (a), even for claims made by members of the insured's household. Pribble v. State Farm Mut. Auto. Ins. Co., 933 P.2d 1108, 1997 Wyo. LEXIS 39 (Wyo.), reh'g denied, 933 P.2d 1108, 1997 Wyo. LEXIS 56 (Wyo. 1997).

Household immunity clauses rendered void to extent of minimum liability coverage. —

Automobile public liability and property damage insurance policies issued in purported compliance with this section must, to the extent of the minimum liability security identified in §§ 31-9-405(b)(ii) and 31-9-102(a)(xi), cover all owners of motor vehicles who operate or permit the operation of their motor vehicles in Wyoming; consequently, household immunity clauses of such policies, to the extent of the aforesaid minimum requirements, are rendered void and of no force and effect. Allstate Ins. Co. v. Wyoming Ins. Dep't, 672 P.2d 810, 1983 Wyo. LEXIS 387 (Wyo. 1983).

Household exclusions or analogous exclusions are enforceable with respect to policy amounts in excess of the statutory minimum. Pribble v. State Farm Mut. Auto. Ins. Co., 933 P.2d 1108, 1997 Wyo. LEXIS 39 (Wyo.), reh'g denied, 933 P.2d 1108, 1997 Wyo. LEXIS 56 (Wyo. 1997).

Household exclusion clause. —

A “household exclusion” clause that reduced liability coverage for members of the insured's household to the “limits of liability required by law,” but not below, did not violate this section or the requirements of Wyoming public policy. Pribble v. State Farm Mut. Auto. Ins. Co., 933 P.2d 1108, 1997 Wyo. LEXIS 39 (Wyo.), reh'g denied, 933 P.2d 1108, 1997 Wyo. LEXIS 56 (Wyo. 1997).

No proof of insurance. —

District court did not err by denying defendant's motion to suppress marijuana that a state trooper found in the vehicle defendant had been driving because: (1) the incident began as a consensual encounter between the trooper and defendant, as the trooper stopped to render aid to defendant who was stuck in deep snow; (2) the trooper asked to see defendant's driver's license, which was wholly consistent with her duty as a police officer and did not invoke any constitutional protections; (3) the trooper subsequently determined that defendant had been driving without a license or insurance; (4) defendant consented to the trooper's search of the vehicle for insurance documentation; and (5) once the trooper entered the vehicle and smelled marijuana, she possessed the requisite probable cause to search the vehicle for contraband. Shaw v. State, 2009 WY 18, 201 P.3d 1108, 2009 Wyo. LEXIS 16 (Wyo. 2009).

Applied in

State Farm Mut. Auto. Ins. Co. v. Dyer, 19 F.3d 514, 1994 U.S. App. LEXIS 4890 (10th Cir. 1994).

Cited in

Meadows v. State, 2003 WY 37, 65 P.3d 33, 2003 Wyo. LEXIS 41 (Wyo. 2003).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “entering” or “alighting from” vehicle within meaning of insurance policy, or statute mandating insurance coverage, 59 ALR4th 149.

§ 31-4-104. General penalty.

Any person who violates any provision of this act for which no separate penalty is provided upon conviction shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00).

History. Laws 1984, ch. 47, § 3; 2020, ch. 96, § 1.

Cross references. —

As to penalties for violations of provisions regulating traffic on highways, see § 31-5-1201 .

The 2020 amendment, effective July 1, 2020, deleted “imprisonment not to exceed six (6) months, or both” at the end.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-1-101(a)(xxii).

§ 31-4-105. [Renumbered.]

Renumbered as § 31-18-707 by Laws 1993, ch. 68, § 3.

Cross references. —

For present provisions concerning penalties or interest on the nonpayment of fees or taxes, see § 31-18-707 .

§ 31-5-101. Short title.

This act may be cited as the “Uniform Act Regulating Traffic on Highways”.

History. Laws 1955, ch. 225, § 162; C.S. 1945, § 60-762; W.S. 1957, § 31-77; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “This act,” as used in this section, see § 31-5-102(a)(lix).

Driving under the influence.—

In a case involving two petitioners who were both convicted of driving under the influence, the Supreme Court concluded that Laramie, Wyo., Mun. Ordinance § 10.24.030(H) flouted the uniformly applicable statutes governing traffic regulations and was therefore void. The City of Laramie had created a minimum mandatory jail sentence for blood alcohol content (BAC) results of 0.15% or more, which exceeded the minimum punishment for the same BAC level under Wyoming law. Wofford v. City of Laramie, 2016 WY 59, 375 P.3d 740, 2016 Wyo. LEXIS 68 (Wyo. 2016).

Applicability. —

Trial court properly instructed the jury and applied the “rules of the road” provisions in Wyo. Stat. Ann. Title 31, Chapter 5 to determine if the husband and the decedent were negligent in the operation of their snowmobiles on a highway closed to traffic during the winter and approved as a snowmobile trail; the legislature plainly considered snowmobiles as vehicles for the purpose of Chapter 5. Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Cited in

McCoy v. Crook County Sheriff's Dep't, 987 P.2d 674, 1999 Wyo. LEXIS 146 (Wyo. 1999).

§ 31-5-102. Definitions.

1. Except as otherwise provided, as used in this act:
   1. Repealed by Laws 2002, Sp. Sess., ch. 68, § 2.
   2. “Authorized emergency vehicles” means:
      1. Vehicles of fire departments, fire patrols, game and fish law enforcement personnel, livestock board law enforcement personnel, brand inspectors, law enforcement agencies, public and private ambulances, medical rescue units and extrication rescue units;
      2. Privately-owned vehicles used by members of a fire department or emergency service organization while performing or traveling to perform assigned fire fighting or emergency service duties are authorized emergency vehicles if:
         1. Authorized in writing by the appropriate governing body of the city, town or county in which the emergency services organization is located;
         2. Equipped with at least one (1) flashing red, white or amber light visible from the front of the vehicle; and
         3. Equipped with a marker on the front of the vehicle indicating the department or organization with which affiliated.
      3. A wrecker, tow truck or other vehicle equipped with a mechanical apparatus designed to hoist, pull or otherwise move wrecked, disabled or stalled motor vehicles:
         1. While at the scene where the wrecked, disabled or stalled motor vehicle is located; and
         2. When equipped with at least one (1) flashing red or red and blue lamp visible from five hundred (500) feet in front of and behind the vehicle, in addition to any other equipment or lights required or authorized by law.
   3. “Bicycle” means every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels except scooters and similar devices;
   4. “Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
   5. “Business district” means the territory contiguous to and including a highway when within any six hundred (600) feet along the highway where there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings, which buildings occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway;
   6. “Commission” means the Wyoming transportation commission;
   7. “Controlled-access highway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;
   8. “Crosswalk” means:
      1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one (1) side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline;
      2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
   9. “Department” or “highway department” means the department of transportation of the state of Wyoming;
   10. “Driver” means every person who drives or is in actual physical control of a vehicle;
   11. “Explosives” means any chemical compounds, mixtures or devices, the primary or common purpose of which is to function by explosion, e.g., with substantially instantaneous release of gas and heat, unless the compounds, mixtures or devices are otherwise specifically classified. Explosives are classified as follows, commensurate with the degree of hazard:
       1. Class A — detonating, or otherwise of maximum hazard, e.g. black powder;
       2. Class B — rapid combustion rather than detonation, e.g. igniter;
       3. Class C — minimum hazard, e.g. fireworks.
   12. “Farm tractor” means every motor vehicle designed and used exclusively as a farm implement for drawing implements of husbandry;
   13. “Flammable liquid” means any liquid which has a flash point below one hundred degrees Fahrenheit (100° F) and has a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees Fahrenheit (100° F);
   14. Repealed by Laws 1991, ch. 241, § 4.
   15. “House trailer” means:
       1. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
       2. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or temporarily for advertising, sales display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
   16. “Implement of husbandry” means a vehicle designed and used exclusively for agricultural operations and only incidentally operated or moved upon a highway;
   17. “Intersection” means:
       1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;
       2. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection;
       3. The junction of an alley with a street or highway does not constitute an intersection.
   18. “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;
   19. “Local authorities” means every county, municipal and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state;
   20. “Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material;
   21. “Moped”  means a motor-driven cycle both with foot pedals to permit  muscular propulsion by human power and with a motor which produces  no more than two (2) brake horsepower and which is capable of propelling  the vehicle at a maximum speed of no more than thirty (30) miles per  hour on a level road surface. If an internal combustion engine is  used, the displacement shall not exceed more than fifty (50) cubic  centimeters and the moped shall have a power drive system that functions  directly or automatically without clutching or shifting by the driver  after the drive system is engaged. “Moped”  does not include an electric bicycle;
   22. “Motorcycle”  means any motor vehicle having a seat or saddle for the use of the  rider and designed to travel on not more than three (3) wheels in  contact with the ground, excluding off-road recreation vehicles  as defined in W.S. 31-1-101(a)(xv)(K) and electric bicycles, but including a motor vehicle designed as a recreational vehicle  primarily for off-road use to be ridden astride and to travel  on four (4) wheels;
   23. “Motor-driven  cycle” means any motorcycle, including motor scooters and motorized  bicycles having an engine with less than one hundred fifty (150) cubic  centimeters displacement or with five (5) brake horsepower or less  but does not include motorized skateboards or electric bicycles;
   24. “Motor  vehicle” means every vehicle which is self-propelled  except vehicles moved solely by human power, electric bicycles and motorized skateboards as defined  by paragraph (a)(lxii) of this section;
   25. “Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with this act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic;
   26. “Owner” means a person who holds the legal title of a vehicle or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this act;
   27. “Park” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;
   28. “Pedestrian” means any person afoot;
   29. “Pedestrian vehicle” means any self-propelled conveyance designed, manufactured and intended for the exclusive use of persons with a physical disability, but in no case shall the vehicle:
       1. Exceed forty-eight (48) inches in width.
       2. and (C) Repealed by Laws 1989, ch. 155, § 2.
   30. “Physical disability” means any bodily impairment which precludes a person from walking or otherwise moving about easily as a pedestrian;
   31. “Pneumatic tire” means every tire in which compressed air is designed to support the load;
   32. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections;
   33. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations;
   34. “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons;
   35. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;
   36. “Railroad sign or signal” means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train or other on-track equipment;
   37. “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;
   38. “Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business;
   39. “Right-of-way” means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other;
   40. “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. In the event a highway includes two (2) or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively;
   41. “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
   42. “School bus” means every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of “Minimum Standards for School Buses” and is used to transport children to or from school, but not including buses operated by common carriers in urban transportation of school children;
   43. “Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
   44. “Sidewalk” means that portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;
   45. “Snowmobile” means any mechanically driven vehicle of a type which utilizes sleet type runners, or skis or any endless belt tread or combination of these, designed primarily for operation over snow;
   46. “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;
   47. “Stop” when required means complete cessation from movement;
   48. “Stop, stopping or standing” when prohibited means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;
   49. “Street or highway” means the entire width between the boundary lines of every way publicly maintained or if not publicly maintained, dedicated to public use when any part thereof is open to the use of the public for purposes of vehicular travel;
   50. “Superintendent” means the director of the department of transportation;
   51. “Through highway” means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign or other official traffic control devices, when the signs or devices are erected as provided in this act;
   52. “Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel;
   53. “Traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed;
   54. “Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight and that of its load rests upon or is carried by another vehicle;
   55. “Truck” means every motor vehicle designed, used or maintained primarily for the transportation of property;
   56. “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;
   57. “Urban district” means the territory contiguous to and including any public street or highway which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more;
   58. “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks;
   59. “This act” means W.S. 31-5-101 through 31-5-1601 ;
   60. “Emergency services” means fire fighting, first aid, medical services, rescue, transportation and other related activities necessary to ensure the health or safety of a person or property in imminent peril;
   61. “Golf cart” means a motor vehicle which:
       1. Has not less than three (3) wheels in contact with the ground;
       2. Has an unladen weight of less than one thousand three hundred (1,300) pounds;
       3. Is designed to be or is operated at not more than fifteen (15) miles per hour;
       4. Is designed to carry golf equipment and not more than four (4) persons including the driver; and
       5. Is being used to transport an occupant directly to, or from or on a golf course, or is being used for special events or circumstances authorized by the city, town or county.
   62. “Motorized skateboard” means a self-propelled device which has a motor or engine, a deck on which a person may ride and at least two (2) wheels in contact with the ground and which is not otherwise defined in this act as a “motor vehicle”, “motorcycle”, “motor-driven cycle” or “pedestrian vehicle”;
   63. “Multipurpose vehicle” means as defined in W.S. 31-1-101(a)(xv)(M);
   64. “Paved” means a roadway which is covered by hot-rolled asphalt or concrete but is not constructed solely of recycled asphalt;
   65. “Unpaved” means a roadway which is not paved;
   66. “Subdivision” means a portion of land for which a subdivision permit has been issued pursuant to W.S. 18-5-304 ;
   67. “Autocycle” means as defined in W.S. 31-1-101(a)(xv)(Q);
   68. “Electric bicycle” means as defined in W.S. 31-1-101(a)(xxxiv).

History. Laws 1955, ch. 225, § 1; C.S. 1945, § 60-601; W.S. 1957, § 31-78; Laws 1961, ch. 104, § 1; 1963, ch. 41, §§ 1-5; 1971, ch. 112, §§ 1, 2; 1979, ch. 13, § 1; ch. 89, § 2; ch. 102, § 1; 1982, ch. 3, § 1; 1983, ch. 18, § 1; 1984, ch. 48, § 1; 1985, ch. 138, § 2; ch. 183, § 1; 1986, ch. 88, § 2; 1989, ch. 155, §§ 1, 2; 1991, ch. 241, §§ 3, 4; 1997, ch. 59, § 1; 2000, ch. 48, § 2; 2002 Sp. Sess., ch. 12, § 2; ch. 68, § 2; ch. 84, § 1; 2007, ch. 34, § 1; 2011, ch. 32, § 1; 2013, ch. 82, § 1; 2015, ch. 110, § 1; 2017, ch. 165, § 1; 2019, ch. 95, § 2.

The 2007 amendment, effective January 1, 2008, in (a)(xxiv), substituted “skateboards as defined by paragraph (a)(lxii)” for “skateboards and golf carts as defined by paragraph (a)(lxi)”; in (a)(lviii), deleted “and except golf carts as defined by paragraph (a)(lxi) of this section” at the end; added (lxiii); and made related and stylistic changes.

The 2011 amendment, effective July 1, 2011, added (a)(lxiv) through (a)(lxvi).

The 2013 amendment, effective July 1, 2013 added “or other on-track equipment” following “railroad train” in (a)(xxxvi).

The 2015 amendment, effective July 1, 2015, added (a)(2)(C).

The 2017 amendment , added (a)(lxvii).

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2019 amendment, effective July 1, 2019, in (a)(xxi), added “ ‘Moped’ does not include an electric bicycle,” in (a)(xxii) added “and electric bicycles,” in (a)(xxiii), added “or electric bicycles,” in (a)(xxiv), added “electric bicycles,” and added (a)(lxviii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

T-intersection comes within the definition of “intersection” found in subsection (a)(xvii). Oroz v. Hayes, 598 P.2d 432, 1979 Wyo. LEXIS 438 (Wyo. 1979).

“Through highway” definition in California was formerly similar to definition in this section. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

BIA officer. —

Under the terms of this section, although a Bureau of Indian Affairs officer is not a Wyoming “police officer,” he may be considered a “peace officer” for the purposes of enforcing Tribal traffic law and is accordingly authorized under § 31-7-116 to withhold licenses. Pogue v. Allison, 851 F. Supp. 1536, 1994 U.S. Dist. LEXIS 6234 (D. Wyo. 1994).

Highway. —

Defendant's private driveway, where she left her vehicle unattended with the keys in the ignition, following which the vehicle was stolen and was involved in an injury causing accident, was not a “street” or “highway” within the meaning of Wyo. Stat. Ann. § 31-5-102(a)(xlix) because it was not open to the use of the public for purposes of vehicular travel. Lucero v. Holbrook, 2012 WY 152, 288 P.3d 1228, 2012 Wyo. LEXIS 159 (Wyo. 2012).

Cited in

Colwell v. Anderson, 438 P.2d 448, 1968 Wyo. LEXIS 160 (Wyo. 1968); Board of County Comm'rs v. Dunnegan, 884 P.2d 35, 1994 Wyo. LEXIS 141 , 48 A.L.R.5th 941 (Wyo. 1994); Werner Enters. v. Brophy, 2009 WY 132, 218 P.3d 948, 2009 Wyo. LEXIS 145 (Nov. 3, 2009).

§ 31-5-103. Applicability of provisions to vehicles being operated upon highways.

1. The provisions of this act relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
   1. Where a different place is specifically referred to in a given section;
   2. The provisions of W.S. 31-5-225 , 31-5-229 , 31-5-233 and 31-5-1101 through 31-5-1112 apply upon highways and elsewhere throughout the state.

History. Laws 1955, ch. 225, § 2; C.S. 1945, § 60-602; W.S. 1957, § 31-79; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 31-5-102(a)(lix).

Private driveway. —

Defendant did not breach a duty under Wyo. Stat. Ann. § 31-5-509 by leaving her vehicle unattended with the keys in the ignition, following which the vehicle was stolen and was involved in an injury causing accident, because her vehicle was parked in a private driveway and the statute applied only to vehicles standing unattended upon a highway. Lucero v. Holbrook, 2012 WY 152, 288 P.3d 1228, 2012 Wyo. LEXIS 159 (Wyo. 2012).

Highway construction vehicles. —

Operative effect of language of section governing meeting and passing of vehicles (§ 31-5-202 ) was not abrogated or affected by provision (§ 31-5-105 ) that Motor Vehicle Traffic Code should not apply to vehicles while actually engaged in work on surface of highway. Johnston v. Wortham Mach. Co., 60 Wyo. 301, 151 P.2d 89, 1944 Wyo. LEXIS 14 (Wyo. 1944) (decided under prior law).

§ 31-5-104. Obedience to authorized persons directing traffic.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, authorized flagman, or fireman with authority to direct, control or regulate traffic.

History. Laws 1955, ch. 225, § 4; C.S. 1945, § 60-605; W.S. 1957, § 31-81; W.S. 1977, § 31-5-105 ; Laws 1984, ch. 48, § 1.

§ 31-5-105. Applicability of provisions to drivers of public vehicles.

1. The provisions of this act applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned and operated by the United States, this state, or any county, city, town, special district or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this act with reference to authorized emergency vehicles.
2. Unless specifically made applicable, the provisions of this act except those contained in W.S. 31-5-225 , 31-5-229 , 31-5-233 and 31-5-236 do not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway but shall apply to the persons and vehicles when traveling to or from work.

History. Laws 1955, ch. 225, § 5; C.S. 1945, § 60-605; W.S. 1957, § 31-82; W.S. 1977, § 31-5-106 ; Laws 1984, ch. 48, § 1; 2009, ch. 69, § 2.

The 2009 amendment, effective July 1, 2009, inserted “and 31-5-236 ” in (b) and made related changes.

Meaning of “this act.” —

For the definition of “this act,” referred to in both subsections, see § 31-5-102(a)(lix).

Meeting and passing provisions not abrogated. —

Operative effect of language of section governing meeting and passing of vehicles (§ 31-5-202 ) was not abrogated or affected by this section's provision that Motor Vehicle Traffic Code should not apply to vehicles while actually engaged in work on surface of highway. Johnston v. Wortham Mach. Co., 60 Wyo. 301, 151 P.2d 89, 1944 Wyo. LEXIS 14 (Wyo. 1944) (decided under prior law).

Snowplow operator not liable for death of motorist collidingwith plow. —

An employee of the highway commission operating a snowplow on a highway against traffic under directions of his superior was not liable for death of a motorist or damage to automobile because of a collision with the snowplow. Osborn v. Lawson, 374 P.2d 201, 1962 Wyo. LEXIS 100 (Wyo. 1962).

§ 31-5-106. Authorized emergency vehicles.

1. Except as provided in subsection (c) of this section, the driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may:
   1. Park or stand, irrespective of the provisions of this act;
   2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
   3. Exceed the maximum speed limits so long as he does not endanger life or property;
   4. Disregard regulations governing direction of movement or turning in specified directions.
2. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall this section protect the driver from the consequences of his reckless disregard for the safety of others.
3. Paragraphs (a)(ii) and (iii) of this section do not apply to a driver of a wrecker, tow truck or other vehicle as defined in W.S. 31-5-102(a)(ii)(C).

History. Laws 1955, ch. 225, § 6; C.S. 1945, § 60-606; W.S. 1957, § 31-83; W.S. 1977, § 31-5-107 ; Laws 1984, ch. 48, § 1; 2015, ch. 110, § 1.

The 2015 amendment, effective July 1, 2015, added the exception in (a); added (c); and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a)(i), see § 31-5-102(a)(lix).

Fire justifies excessive speed. —

Any actually existing fire is an emergency which justifies excessive speed and exempts municipality from liability for operation of fire apparatus at excessive speed. White v. City of Casper, 35 Wyo. 371, 249 P. 562, 1926 Wyo. LEXIS 20 (1926).

§ 31-5-107. Persons riding animals or driving animal-drawn vehicles.

Every person riding an animal or driving any animal-drawn vehicle upon a roadway is granted all the rights and is subject to all of the duties applicable to the driver of a vehicle by this act except those provisions of this act which by their very nature can have no application.

History. Laws 1955, ch. 225, § 7; C.S. 1945, § 60-607; W.S. 1957, § 31-84; W.S. 1977, § 31-5-108 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 31-5-102(a)(lix).

All drivers are held to same standard of care — due care under the circumstances. Cervelli v. Graves, 661 P.2d 1032, 1983 Wyo. LEXIS 300 (Wyo. 1983).

Section does not apply to one leading horses on a highway. Wilcox v. Herbst, 75 Wyo. 289, 295 P.2d 755, 1956 Wyo. LEXIS 17 (Wyo. 1956).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street, 49 ALR4th 653.

§ 31-5-108. Local regulations.

The provisions of this act shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein. Local authorities may, however, adopt by ordinance, traffic regulations for all streets within their city limits and highways under their corporate jurisdiction and shall have the express authority to enforce the traffic regulations so adopted, by action in their respective local municipal courts.

History. Laws 1955, ch. 225, § 8; C.S. 1945, § 60-608; W.S. 1957, § 31-85; W.S. 1977, 31-5-109 ; Laws 1984, ch. 48, § 1; 2002 Sp. Sess., ch. 68, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Driving under the influence.—

In a case involving two petitioners who were both convicted of driving under the influence, the Supreme Court concluded that Laramie, Wyo., Mun. Ordinance § 10.24.030(H) flouted the uniformly applicable statutes governing traffic regulations and was therefore void. The City of Laramie had created a minimum mandatory jail sentence for blood alcohol content (BAC) results of 0.15% or more, which exceeded the minimum punishment for the same BAC level under Wyoming law. Wofford v. City of Laramie, 2016 WY 59, 375 P.3d 740, 2016 Wyo. LEXIS 68 (Wyo. 2016).

Stated in

Fanning v. City of Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965).

Cited in

Colwell v. Anderson, 438 P.2d 448, 1968 Wyo. LEXIS 160 (Wyo. 1968).

Law reviews. —

For article, “Authority of the State and Local Governments to Legislate in Regard to Motor Vehicles,” see 18 Wyo. L.J. 247 (1964).

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

§ 31-5-109. General powers of local authorities.

1. This act does not prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
   1. Regulating or prohibiting stopping, standing or parking;
   2. Regulating traffic by means of police officers, authorized flagmen or official traffic-control signals;
   3. Regulating or prohibiting processions or assemblages on the highways;
   4. Designating particular highways or roadways for use by traffic moving in one (1) direction as authorized by W.S. 31-5-208 ;
   5. Repealed by Laws 2002, Sp. Sess., ch. 68, § 2.
   6. Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction;
   7. Regulating the operation of bicycles and electric bicycles and requiring the registration and licensing of bicycles and electric bicycles, including the requirement of a registration fee;
   8. Regulating or prohibiting the turning of vehicles or specified types of vehicles;
   9. Altering or establishing speed limits as authorized by this act;
   10. Requiring written accident reports as authorized by W.S. 31-5-1106 ;
   11. Designating no-passing zones as authorized in W.S. 31-5-207 ;
   12. Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in W.S. 31-5-213 ;
   13. Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;
   14. Establishing minimum speed limits as authorized by W.S. 31-5-304(b);
   15. Designating and regulating traffic on play streets;
   16. Regulating persons propelling push carts;
   17. Regulating persons upon skates, coasters, sleds, motorized skateboards and other toy vehicles;
   18. Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;
   19. Prohibiting drivers of ambulances from exceeding maximum speed limits;
   20. Adopting such other traffic regulations as are specifically authorized by this act.
2. No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the highway department.
3. No ordinance or regulation enacted under paragraphs (a)(iv), (v), (vi), (viii), (ix), (x), (xiii) or (xv) of this section is effective until official traffic-control devices giving notice of the local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

History. Laws 1955, ch. 225, § 9; C.S. 1945, § 60-609; W.S. 1957, § 31-86; W.S. 1977, § 31-5-110 ; Laws 1984, ch. 48, § 1; 2002 Sp. Sess., ch. 68, § 2; ch. 84, § 1; 2019, ch. 95, § 2.

The 2019 amendment, effective July 1, 2019, in (a)(vii), added "and electric bicycles" twice.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Power to establish through streets for use by commercial through trucks. —

The power of municipalities to establish through streets doubtless includes the power to establish through streets mainly for use by commercial through trucks, since the genus necessarily included every species. Blumenthal v. Cheyenne, 64 Wyo. 75, 186 P.2d 556, 1947 Wyo. LEXIS 28 (Wyo. 1947) (decided under prior law).

Applied in

Fanning v. City of Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)); Swisse v. City of Sheridan, 561 P.2d 712, 1977 Wyo. LEXIS 239 (Wyo. 1977).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Am. Jur. 2d, ALR and C.J.S. references. —

Municipal establishment or operation of off-street public parking facilities, 8 ALR2d 373.

Construction and effect in civil actions of statute, ordinance or regulation requiring vehicles to be stopped or parked parallel with and not within certain distances of curb, 17 ALR2d 582.

Relation of use of parking meter funds to validity of ordinance as police regulation, or to invalidity of ordinance as unauthorized revenue measure, 83 ALR2d 625.

§ 31-5-110. Limitations upon powers of local authorities; exceptions as to municipal authorities.

1. Except as otherwise provided, local authorities shall not require any person to pay any fee or license for the use or exclude any person from the free use of the public highways or in any other way regulate the operation of motor vehicles or their speed upon or use of the public highways. Local authorities may, within their legal corporate limits:
   1. Regulate the operation of vehicles offered for hire, or forming a part of processions, assemblages or parades on public highways or public grounds;
   2. Close for a reasonable time a specified highway for speed contests or races, with proper safety restrictions and regulations;
   3. Exclude motor vehicles from any cemetery or burial ground; and
   4. Exclude motor vehicles used solely for commercial purposes from any park or part of a park system.

History. Laws 1921, ch. 69, § 18; R.S. 1931, § 72-121; C.S. 1945, § 60-133; W.S. 1957, § 31-87; W.S. 1977, § 31-5-111 ; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Repealing clauses. —

Laws 1921, ch. 69, § 32, repeals all laws and parts of laws in conflict therewith.

Free use of streets subject to reasonable regulation. —

When this section refers to the free use of the streets, it but announces a rule long ago recognized, and must be construed with the limitation that it is subject to reasonable regulation. Blumenthal v. Cheyenne, 64 Wyo. 75, 186 P.2d 556, 1947 Wyo. LEXIS 28 (Wyo. 1947).

Section does not bar ordinance regulating route of through truck traffic in city. Blumenthal v. Cheyenne, 64 Wyo. 75, 186 P.2d 556, 1947 Wyo. LEXIS 28 (Wyo. 1947).

§ 31-5-111. Right of real property owners to prohibit or regulate public vehicular use; handicapped parking.

1. Nothing in this act prevents the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as matter of right, from prohibiting the use, or from requiring other or different or additional conditions than those specified in this act, or otherwise regulating use of the real property as determined by the owner.
2. With the approval of the board of county commissioners or the local governing body having jurisdiction, the real property owner may reserve parking spaces for the handicapped and erect signs in accordance with W.S. 31-5-501(b). The signs reserving parking spaces for the handicapped under this section shall be enforceable under W.S. 31-5-501(c) or any existing municipal ordinance adopted by the governing body of the municipality with jurisdiction.

History. Laws 1955, ch. 225, § 10; C.S. 1945, § 60-610; W.S. 1957, § 31-88; W.S. 1977, § 31-5-112 ; Laws 1984, ch. 48, § 1; 1993, ch. 6, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in subsection (a), see § 31-5-102(a)(lix).

§ 31-5-112. Adoption of uniform system of traffic-control devices.

The department shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with this act for use upon highways within this state. The uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” and other standards issued or endorsed by the federal highway administrator.

History. Laws 1955, ch. 225, § 11; C.S. 1945, § 60-611; W.S. 1957, § 31-89; Laws 1963, ch. 21, § 1; W.S. 1977, § 31-5-113 ; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-5-102(a)(lix).

Regulations contained in adopted manual become law of state.—

Where officials are required by law to adopt a manual and specifications for a uniform system of traffic-control devices for use upon highways within this state, the regulations contained in the adopted manual become the law of this state just as much as any other regulation authorized by the legislature. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

No negligence where “substantial compliance” with manual. —

In a negligence action arising from a single car accident in a construction area, there was no negligence on the part of the state where the signs and detour were in “substantial compliance” with the “Manual on Uniform Traffic Control Devices for Streets and Highways,” with only minor deviations, the injured driver of the car knew the lay-out of the detour from having driven through it minutes before the accident, and he was travelling at a speed which exceeded all legal limits. Randolph v. Gilpatrick Constr. Co., 702 P.2d 142, 1985 Wyo. LEXIS 498 (Wyo. 1985).

In a negligence action against the contractor on a highway project, where the driver of a vehicle failed to negotiate a sharp curve, neither the highway department nor its general contractor was negligent where the department's practices were in substantial compliance with the Manual on Uniform Traffic Control Devices and the contractor's placement of warning signs conformed to the department's directions. Miller v. Rissler & McMurry Co., 794 P.2d 91, 1990 Wyo. LEXIS 69 (Wyo. 1990).

§ 31-5-113. Placement and maintenance of traffic-control devices by department.

1. The department shall place and maintain such traffic-control devices, conforming to the department’s manual and specifications, upon all state highways as it deems necessary to indicate and to carry out this act or to regulate, warn or guide traffic.
2. No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the highway department except with the highway department’s permission.

History. Laws 1955, ch. 225, § 12; C.S. 1945, § 60-612; W.S. 1957, § 31-90; W.S. 1977, § 31-5-114 ; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-5-102(a)(lix).

No negligence where substantial compliance with manual. —

In a negligence action against the contractor on a highway project, where the driver of a vehicle failed to negotiate a sharp curve, neither the highway department nor its general contractor was negligent where the department's practices were in substantial compliance with the Manual on Uniform Traffic Control Devices and the contractor's placement of warning signs conformed to the department's directions. Miller v. Rissler & McMurry Co., 794 P.2d 91, 1990 Wyo. LEXIS 69 (Wyo. 1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Highways: governmental duty to provide curve warnings or markings, 57 ALR4th 342.

Governmental liability for failure to post highway deer crossing warning signs, 59 ALR4th 1217.

§ 31-5-114. [Renumbered.]

Renumbered as § 31-18-602 by Laws 1993, ch. 68, § 4.

Cross references. —

For present provisions concerning the moving of heavy equipment or railroad grade crossings, see § 31-18-602 .

§ 31-5-115. Operation of motorcycles, autocycles and pedestrian vehicles.

1. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto and shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
2. A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one (1) leg on each side of the motorcycle.
3. No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars, or obstructs his vision, or interferes with the operation of the motorcycle.
4. No operator shall carry any person, nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
5. All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. Two (2) motorcycles may be driven abreast in the same lane by consent of both motorcycle drivers. One (1) autocycle may be driven per lane.
6. The operator of a motorcycle shall not overtake and pass any vehicle in the same lane occupied by the vehicle being overtaken, except another motorcycle. The operator of a motorcycle overtaking another motorcycle in the same lane shall first match the speed of the motorcycle being overtaken.
7. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
8. Subsections (f) and (g) of this section do not apply to police officers in the performance of their official duties.
9. Motorcycles shall not be operated three (3) or more abreast in a single lane.
10. No person riding upon a motorcycle shall attach himself or the motorcycle to any other moving vehicle on a roadway. This does not prohibit attaching a motorcycle trailer or motorcycle semitrailer to a motorcycle if the trailer or semitrailer was designed for the attachment.
11. Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger.
12. No person shall operate any motorcycle with handlebars so positioned that the hands of the operator, when upon the grips, are above shoulder height when the operator is sitting astride the vehicle seat with the vehicle in an upright position.
13. No minor shall operate or ride nor shall the operator permit a minor to ride upon a motorcycle unless he is wearing protective headgear securely fastened on his head, and of a type which complies with standards established by the superintendent. This subsection does not apply to persons riding within an enclosed cab nor to persons operating or riding a moped. This subsection only applies to motorcycles used on public highways, streets and thoroughfares.
14. Any person operating a motorcycle or pedestrian vehicle shall have the headlamps of the motorcycle or pedestrian vehicle activated at all times, including daylight hours.
15. Operators of motorcycles operating in an officially authorized parade are exempt from subsections (e) through (o) of this section.
16. The superintendent is authorized to approve or disapprove protective headgear required herein, and to issue and enforce regulations establishing standards and specifications for the approval thereof and to the sale and use of the equipment as provided in W.S. 31-5-932 through 31-5-934 for other vehicle safety equipment. The standard for protective headgear shall meet or exceed the Z90.1-1971 standard of the American National Standards Institute. However, all existing equipment meeting the Z90.1-1966 standard of the American National Standards Institute shall be accepted.
17. This section applies to motor-driven cycles unless otherwise provided.
18. Subsections (b) through (d), (n), (o) and (r) of this section shall not apply to autocycles.

History. Laws 1955, ch. 225, § 95; C.S. 1945, § 60-695; W.S. 1957, § 31-92; Laws 1973, ch. 232, § 1; W.S. 1977, § 31-5-116 ; Laws 1979, ch. 13, § 1; ch. 89, § 2; 1983, ch. 30, § 1; 1984, ch. 48, § 1; 1987, ch. 145, § 1; 2004, ch. 16, § 1; 2017, ch. 165, § 1.

The 2004 amendment, effective July 1, 2004, added the last sentence in (e); added the exception and last sentence in (f); and substituted “three (3)” for “two (2)” in (j).

The 2017 amendment, in (e), added the last sentence; and added (t).

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Section 31-5-933 , referred to in the first sentence in subsection (r), was repealed in 1985.

Violation of provisions evidence of reckless intent. —

Evidence that the defendant violated this section, and §§ 31-5-203(a)(i), 31-5-210(a) and 31-5-301 could form a basis for the conclusion that the defendant was driving in a manner that he knew, or should have known, was highly dangerous to others and that he did so intentionally, or heedlessly, with a careless indifference to the consequences. Harvey v. State, 596 P.2d 1386, 1979 Wyo. LEXIS 428 (Wyo. 1979).

Am. Jur. 2d, ALR and C.J.S. references. —

Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 44 ALR2d 238.

Motorcyclist's failure to wear helmet or other protective equipment as affecting recovery for personal injury or death, 85 ALR4th 365.

Validity of traffic regulations requiring motorcyclists to wear helmets or other protective gear, 72 ALR5th 607.

§ 31-5-116. Obstruction to driver's view or driving mechanism.

1. No person shall drive a vehicle when it is loaded, or when there are in the front seat enough people, exceeding three (3), to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.
2. No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

History. Laws 1955, ch. 225, § 96; C.S. 1945, § 60-696; W.S. 1957, § 31-93; W.S. 1977, § 31-5-117 ; Laws 1984, ch. 48, § 1.

§ 31-5-117. Dropping or throwing material on highway; removal of injurious material.

1. Except in the process of highway construction or repair, any person who drops, or permits to be dropped or thrown, upon a highway any material shall immediately remove the material or cause it to be removed.
2. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other substance dropped upon the highway from the vehicle.

History. Laws 1955, ch. 225, § 101; C.S. 1945, § 60-701; W.S. 1957, § 31-94; W.S. 1977, § 31-5-118 ; Laws 1984, ch. 48, § 1.

Construction of subsection (a) prior to 1984 amendment. —

See Dubus v. Dresser Indus., 649 P.2d 198, 1982 Wyo. LEXIS 366 (Wyo. 1982).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of highway user for injuries resulting from failure to remove or protect against material spilled from vehicle onto public street or highway, 34 ALR4th 520.

§ 31-5-118. Regulations relative to school buses.

1. The state superintendent of public instruction shall adopt and enforce regulations not inconsistent with this act to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this state and the regulations shall by reference be made a part of any contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to the regulations.
2. Any officer or employee of any school district who violates any of the regulations or fails to include obligation to comply with the regulations in any contract executed by him on behalf of a school district is guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with the regulations is guilty of breach of contract and the contract shall be cancelled after notice and hearing by the responsible officers of the school district.

History. Laws 1955, ch. 225, § 102; C.S. 1945, § 60-702; W.S. 1957, § 31-95; W.S. 1977, § 31-5-119 ; Laws 1984, ch. 48, § 1; 1994, ch. 17, § 1; 1995, ch. 63, § 1; 2013, ch. 1, § 2; 2015, ch. 30, § 1.

Cross references. —

As to liability insurance on school buses, see § 21-3-126 .

The 2013 amendment, substituted “director of the department of education” for “state superintendent of public instruction” in (a).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in the first sentence in (a), substituted “state superintendent of public instruction” for “director of the department of education.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (a), see § 31-5-102(a)(lix).

2013 amendment unconstitutional. —

Senate Enrolled Act 1 (Laws 2013, Chapter 1), which amended this section, is unconstitutional, as it deprives the State Superintendent of Public Instruction the power of ?general supervision of the public schools? that is entrusted to the Superintendent in Wyo. Const. art. 7, ? 14. Powers v. State, 2014 WY 15, 318 P.3d 300, 2014 Wyo. LEXIS 16 (Wyo. 2014), and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Tort liability of public schools and institutions of higher learning for accidents associated with transportation of students, 23 ALR5th 1.

§ 31-5-119. Clinging to vehicles.

1. No person riding upon any bicycle, electric bicycle, coaster, roller skates, sled or toy vehicle shall attach it or himself to any vehicle upon a roadway.
2. This section does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle or electric bicycle if the trailer or semitrailer was designed for the attachment.
3. No person operating a vehicle shall permit a passenger to ride on the fender or running board of the vehicle nor shall any passenger ride on the fender or running board of a vehicle. This subsection does not apply to a commercial vehicle or a vehicle operated by or for a political subdivision of this state designed to permit a passenger to ride on a fender or running board, such as a fire department or trash collection truck.

History. Laws 1955, ch. 225,§ 77; C.S. 1945, § 60-677; W.S. 1957, § 31-97; W.S. 1977, § 31-5-121 ; Laws 1984, ch. 48,§ 1; 1985, ch. 183, § 1; 2019, ch. 95, § 2.

The 2019 amendment, effective July 1, 2019, in (a), added "electric bicycle"; and in (b), added "or electric bicycle."

§ 31-5-120. Driving upon sidewalk.

No person shall drive any vehicle except motorized wheelchairs other than by human power upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.

History. Laws 1984, ch. 48, § 1.

§ 31-5-121. Opening and closing vehicle doors.

No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

History. Laws 1984, ch. 48, § 1.

§ 31-5-122. Riding in house trailers.

No person shall occupy a house trailer while it is being towed upon a public highway.

History. Laws 1984, ch. 48, § 1.

§ 31-5-123. Funeral processions; right-of-way; limitations.

1. A funeral procession led by a funeral car or escorted by a police vehicle and displaying flashing lights authorized under W.S. 31-5-928 has the right-of-way in the lane or portion of the roadway upon which it is traveling subject to the following:
   1. The driver of the lead vehicle of the procession shall comply with all traffic control devices except when otherwise directed by a law enforcement officer. Vehicles in the procession displaying headlamps may follow the lead vehicle without stopping at stop signs or traffic signals. Vehicles in the procession shall yield the right-of-way to authorized emergency vehicles;
   2. Vehicles in a funeral procession shall be driven on the right-hand side of the roadway and, if a laned roadway, in the right-hand lane nearest the right-hand edge of the roadway.
2. Drivers of oncoming vehicles are required to yield the right-of-way to funeral processions.

History. Laws 1986, ch. 60, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 52 ALR5th 155.

§ 31-5-124. Off-road recreational vehicles; multipurpose vehicles; limitation on use; equipment.

1. No person shall operate an off-road recreational vehicle as defined in W.S. 31-1-101(a)(xv)(K) upon public streets or highways except:
   1. For incidental operation of vehicles specified in W.S. 31-1-101(a)(xv)(K), upon a public street or highway located outside the limits of an incorporated municipality pursuant to agricultural operations as defined in W.S. 31-18-801(a)(i). An off-road recreational vehicle operated upon a public street or highway under this paragraph is subject to the same equipment requirements under this act as an implement of husbandry, except that vehicles specified in W.S. 31-1-101(a)(xv)(K)(II), when operated pursuant to this paragraph, shall:
      1. Wherever practicable, only be operated off the main traveled portion of the roadway. Crossings of main traveled roadways shall be made at right angles to the roadway or as nearly so as practicable, but in any case yielding the right-of-way to all traffic in the main traveled roadway;
      2. If the operator is a minor, or if a minor is a rider, be operated with a helmet in accordance with W.S. 31-5-115(o);
      3. Be operated only by a person who possesses a valid driver’s license with a motorcycle endorsement pursuant to W.S. 31-7-109(d)(vi).
   2. For operation of a vehicle in accordance with the provisions of W.S. 31-5-1601 ;
   3. For off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 .
2. Multipurpose vehicles may be operated on public streets or highways, subject to the following:
   1. Multipurpose vehicles shall not be operated on interstate highways;
   2. If a multipurpose vehicle is incapable of achieving the maximum speed allowed on the specific highway, it shall be operated on the extreme right hand edge of the roadway and shall be equipped with either a reflectorized flag as described in W.S. 31-5-960(a)(vi) or a slow moving vehicle emblem as described in W.S. 31-5-921(h);
   3. Multipurpose vehicles designed for operation at speeds less than twenty-five (25) miles per hour shall be equipped with a slow moving vehicle emblem as described in W.S. 31-5-921(h).
3. Off-road recreational vehicles shall not be operated on interstate highways.

History. Laws 1986, ch. 88, § 1; 2002 Sp. Sess., ch. 12, § 2; 2004, ch. 35, § 1; 2007, ch. 34, § 1; 2021, ch. 34, § 2.

Cross references. —

As to registration of off-road recreational vehicles used on off-road recreational vehicle trails, see article 7 of chapter 2 of this title.

The 2004 amendment, effective July 1, 2004, in (a)(i), substituted “31-1-101(a)(xv)(K)” for “31-1-101(a)(xv)(K)(I),” and added the limitations at the end, including (a)(i)(A) through (C).

The 2008 amendment, effective January 1, 2008, added (b).

The 2021 amendment , effective July 1, 2021, added (a)(iii) and made a related change; and added (c).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Am. Jur. 2d, ALR and C.J.S. references. —

Products liability: all-terrain vehicles (ATV's), 83 ALR4th 70.

§ 31-5-201. Driving on right side of roadway; exceptions.

1. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
   1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing the movement;
   2. When a stationary obstruction exists making it necessary to drive to the left of the center of the highway but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
   3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
   4. Upon a roadway designated and signposted for one-way traffic.
2. Upon all roadways except one-way streets any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road or driveway.
3. Upon any roadway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under paragraph (a)(ii) of this section. This subsection does not prohibit the crossing of the center line in making a left turn into or from an alley, private road or driveway.

History. Laws 1955, ch. 225, § 43; C.S. 1945, § 60-643; W.S. 1957, § 31-99; Laws 1984, ch. 48, § 1.

Stationary obstruction on roadway. —

The exception to the rule that vehicles must be driven on the right half of the roadway, which provides that a vehicle may be driven to the left of the center of the highway in order to avoid a stationary obstruction, applies only to situations where a driver is forced to enter a lane of opposing traffic in order to avoid an obstruction in his lane, and does not apply to situations where a driver is forced to move into another lane of traffic moving in the same direction. Sellers v. Dooley Oil Transp., 2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57 (Wyo. 2001).

Presence of car on left constitutes evidence of negligence.—

Presence of car on left side of road, in absence of other excusing or justifying facts, constitutes evidence of negligence. Wallis v. Nauman, 61 Wyo. 231, 157 P.2d 285, 1945 Wyo. LEXIS 11 (Wyo. 1945).

Skidding across centerline. —

Motorist's failure to keep vehicle to right of center of highway is excused where, without his fault, vehicle skids across centerline, but where skidding results from his negligence, unavoidable accident doctrine may not be invoked to avoid liability. Wallis v. Nauman, 61 Wyo. 231, 157 P.2d 285, 1945 Wyo. LEXIS 11 (Wyo. 1945).

Where section violated, proximate cause deemed decisive factor.—

In a case involving a violation of this section, it is immaterial whether a violation of a traffic regulation constitutes negligence per se or only evidence of negligence. The decisive factor is whether such a violation contributes to and is the proximate cause of the injury suffered. Grayson v. Williams, 256 F.2d 61, 1958 U.S. App. LEXIS 4930 (10th Cir. Wyo. 1958).

Driving on left held proximate cause of accident. —

See Johnston v. Wortham Mach. Co., 60 Wyo. 301, 151 P.2d 89, 1944 Wyo. LEXIS 14 (Wyo. 1944).

Overtaking driver assumes safe passing absent contrary warning.—

Where a passing attempt is undertaken on a “completely straight” portion of the road, the driver is entitled to assume that the passing lane may be used with safety in the absence of any warning from the vehicle being passed. Campbell v. W. S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

Cited in

State v. Rideout, 450 P.2d 452, 1969 Wyo. LEXIS 116 (Wyo. 1969); Woodard v. Driscoll, 492 P.2d 1327, 1972 Wyo. LEXIS 219 (Wyo. 1972).

§ 31-5-202. Passing of vehicle approaching from opposite direction.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one (1) line of traffic in each direction each driver shall give to the other at least one-half (1/2) of the main-traveled portion of the roadway as nearly as possible.

History. Laws 1955, ch. 225, § 44; C.S. 1945, § 60-644; W.S. 1957, § 31-100; Laws 1984, ch. 48, § 1.

Section applicable to vehicles engaged in highway work. —

Operative effect of language of statute governing meeting and passing of vehicles was not abrogated or affected by provision (§ 31-5-105 ) that Motor Vehicle Traffic Code shall not apply to vehicles while actually engaged in work on surface of highway. Johnston v. Wortham Mach. Co., 60 Wyo. 301, 151 P.2d 89, 1944 Wyo. LEXIS 14 (Wyo. 1944) (decided under prior law).

Travelers may drive upon other side of road to prevent accidents.—

The statute requiring a driver to turn promptly to the right of the center of the road upon meeting another vehicle traveling in the opposite direction is subject to an exception permitting travelers to drive upon the other side, if so doing is likely to prevent rather than cause the accidents which it is the purpose of the statute to prevent. Marvel v. Pursel, 65 Wyo. 395, 202 P.2d 656, 1949 Wyo. LEXIS 24 (Wyo. 1949) (decided under prior law).

Driver acting in emergency not negligent. —

If a court finds that the driver in an emergency, with only a few seconds to decide, acted according to her best judgment, she is not guilty of negligence. Wells v. McKenzie, 50 Wyo. 412, 62 P.2d 305, 1936 Wyo. LEXIS 25 (Wyo. 1936).

Right to assume approaching car will turn to right. —

A driver may assume that a car traveling on the left side of the road will turn to the right side in time to avoid a collision. O'Malley v. Eagan, 43 Wyo. 233, 2 P.2d 1063, 1931 Wyo. LEXIS 19 (Wyo.), reh'g denied, 43 Wyo. 350, 5 P.2d 276, 1931 Wyo. LEXIS 34 (Wyo. 1931); Hill v. Walters, 55 Wyo. 334, 100 P.2d 98, 1940 Wyo. LEXIS 9 (Wyo. 1940).

In the absence of any special circumstance, the user of a road may reasonably expect the driver of an oncoming vehicle to observe and comply with the statutory law of the road. It is the duty of the driver of the approaching vehicle to turn to his right of the center of the road and, ordinarily, drivers are entitled to rely upon compliance with that duty. McVicker v. Kuronen, 71 Wyo. 222, 256 P.2d 111, 1953 Wyo. LEXIS 16 (Wyo. 1953).

No liability unless violation of legal duty proximately causesinjury. —

A driver's violation of his legal duty on the highway does not necessarily carry with it liability for injury caused by his automobile, since to incur liability a violation must have been proximate cause of the injury complained of. Hester v. Coliseum Motor Co., 41 Wyo. 345, 285 P. 781, 1930 Wyo. LEXIS 11 (Wyo. 1930).

Evidence of custom of yielding right-of-way to loaded vehicleadmissible in damage action. —

In an action for damages arising out of a collision between a loaded truck and an empty truck on a dirt road, it is proper to admit testimony that it is the custom, known to both drivers and previously adhered to by them, for the driver of an empty truck to yield the right-of-way to the driver of a loaded truck so as to permit the loaded truck to proceed on the wrong side of the road in order to avoid holes or soft spots in the road. Such evidence is admissible, not to prove that by virtue of custom a right-of-way was established contrary to the right-of-way given by statute, but because it is a circumstance having direct bearing on the question of negligence. McVicker v. Kuronen, 71 Wyo. 222, 256 P.2d 111, 1953 Wyo. LEXIS 16 (Wyo. 1953).

Negligence shown. —

See Pierce v. Bean, 57 Wyo. 189, 115 P.2d 660, 1941 Wyo. LEXIS 28 (Wyo. 1941); Wallis v. Nauman, 61 Wyo. 231, 157 P.2d 285, 1945 Wyo. LEXIS 11 (Wyo. 1945); Kaan v. Kuhn, 64 Wyo. 158, 187 P.2d 138, 1947 Wyo. LEXIS 29 (Wyo. 1947).

Evidence did not establish negligence in driver's failure to stop before collision with car on wrong side of road. — See O'Malley v. Eagan, 43 Wyo. 233, 2 P.2d 1063, 1931 Wyo. LEXIS 19 (Wyo.), reh'g denied, 43 Wyo. 350, 5 P.2d 276, 1931 Wyo. LEXIS 34 (Wyo. 1931).

Use of section in connection with instruction to jury. —

See Goich v. State, 80 Wyo. 179, 339 P.2d 119, 1959 Wyo. LEXIS 27 (Wyo. 1959).

Quoted in

Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Am. Jur. 2d, ALR and C.J.S. references. —

Rights, duties and liability with respect to narrow bridge or passage as between motor vehicles approaching from opposite directions, 47 ALR2d 142.

§ 31-5-203. Rules governing overtaking on the left.

1. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated and those contained in subsection (c) of this section:
   1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;
   2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
2. A driver of a passenger car, motorcycle, autocycle or pickup truck, not towing any other vehicle, may exceed the speed limit by up to ten (10) miles an hour while passing another vehicle traveling at less than the legal maximum speed, in order to safely pass the vehicle. The overtaking vehicle shall return to the right-hand lane and reduce speed to the posted speed limit as soon as practicable. This subsection shall be applicable only upon roadways divided into two (2) lanes for two (2) way movement of traffic and where the posted speed limit is fifty (50) miles per hour or greater. This subsection shall not be applicable in construction zones. Passing a vehicle pursuant to this subsection shall be subject to all other applicable motor vehicle laws. A driver of a vehicle exceeding the ten (10) mile per hour limitation of this subsection shall be subject to the full penalty or penalties applicable to exceeding the posted speed limit by the actual speed of the vehicle. As used in this section, “motorcycle,” “passenger car,” “pickup,” “autocycle” and vehicle” mean as defined in W.S. 31-1-101 .
3. The driver of a motor vehicle overtaking and passing a bicycle or electric bicycle, which is operating lawfully, proceeding in the same direction shall, when space allows, maintain at least a three (3) foot separation between the right side of the driver’s motor vehicle, including all mirrors and other projections from the motor vehicle, and the bicycle or electric bicycle.

History. Laws 1955, ch. 225, § 45; C.S. 1945, § 60-645; W.S. 1957, § 31-101; Laws 1984, ch. 48, § 1; 2012, ch. 70, § 1; 2015, ch. 190, § 1; 2017, ch. 165, § 1; 2019, ch. 95, § 2.

The 2012 amendment, effective July 1, 2012, added (b).

The 2015 amendment, effective July 1, 2015, added “and those contained in subsection (c) of this section” to the introductory language in (a), and added a new subsection (c).

The 2017 amendment added “autocycle” near the beginning and near the end, and made related changes.

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2019 amendment, effective July 1, 2019, in (c), added "or electric bicycle" twice.

Applicability of section. —

This section has applicability where the driver of the overtaking vehicle has reason to believe the forward vehicle will move into the passing lane. Campbell v. W. S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

Overtaking driver assumes safe passing absent warning. —

Where a driver's passing attempt is undertaken on a “completely straight” portion of the road, he is entitled to assume that the passing lane may be used with safety in the absence of any warning from the vehicle being passed. Campbell v. W. S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

And he needs to sound horn only if reasonably necessary for safe operation. Campbell v. W. S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

Passing driver obligated to ensure passing lane clear. —

If a person desires to pass another through a dust cloud it is his sole duty to ensure that the passing lane is clear before passing. England v. Simmons, 728 P.2d 1137, 1986 Wyo. LEXIS 660 (Wyo. 1986).

Overtaken vehicle need not give way unless audibly signaled.—

This section fixes no obligation upon the operator of the overtaken vehicle to give way to the right in favor of the overtaking vehicle, except “on audible signal.” Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

This section only requires the driver of an overtaken vehicle to give way to the right in favor of the overtaking vehicle on audible signal. Jack v. Browne, 410 P.2d 578, 1966 Wyo. LEXIS 133 (Wyo. 1966).

Circumstances where driver may be negligent for not sounding horn prior to passing include: (1) situations in which the overtaking vehicle intrudes into the lane occupied by the forward vehicle; (2) situations in which the overtaking driver might expect the forward vehicle to meander due to wind or due to the immaturity of the forward driver; and (3) situations in which the forward driver is likely to be surprised by the pass, e.g., because the overtaking vehicle is passing illegally, or because the forward driver is only a child or because the overtaking vehicle approaches rapidly from behind. Campbell v. W. S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

Suit properly dismissed where overtaking driver failed to blowhorn. —

A suit for damages arising out of a collision of two cars is properly dismissed where the evidence shows that the overtaking driver failed to blow his horn prior to attempting to pass a car proceeding in the same direction, and that the accident would not have occurred if the driver had blown his horn. Fink v. Lewark, 70 Wyo. 150, 246 P.2d 195, 1952 Wyo. LEXIS 22 (Wyo. 1952).

Safe distance at which automobile should pass bicycle from rear depends on circumstances and variations from perfectly straight driving or riding which may be anticipated from ordinarily careful persons. Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

And is jury question. —

Whether a motorist was negligent in failure to use reasonable care to pass sufficiently far to the left of a bicycle is for the jury or trier of the fact. Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

Violation of provisions evidence of reckless intent. —

Evidence that the defendant violated §§ 31-5-115 , 31-5-210(a) and 31-5-301 and subsection (a)(i) of this section could form a basis for the conclusion that the defendant was driving in a manner that he knew, or should have known, was highly dangerous to others and that he did so intentionally, or heedlessly, with a careless indifference to the consequences. Harvey v. State, 596 P.2d 1386, 1979 Wyo. LEXIS 428 (Wyo. 1979).

Am. Jur. 2d, ALR and C.J.S. references. —

Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 ALR2d 317.

Duty and liability of overtaken driver with respect to adjusting speed to that of passing vehicle, 91 ALR2d 1260.

Duty and liability with respect to giving audible signal before passing, 22 ALR3d 325.

§ 31-5-204. General limitations on overtaking on the left.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred (200) feet of any approaching vehicle.

History. Laws 1955, ch. 225, § 47; C.S. 1945, § 60-647; W.S. 1957, § 31-102; Laws 1984, ch. 48, § 1.

Motorist may drive to left in order to avoid accident. —

This section and § 31-5-205 are not intended to and do not prohibit a motorist from driving to the left of the center of the highway or street in trying, in an emergency, to avoid an accident. In case of an emergency it may be not only excusable but perfectly proper for an automobilist to turn to the left side of the road in order to escape from danger or avoid injuring others. Dallason v. Buckmeier, 74 Wyo. 125, 284 P.2d 386, 1955 Wyo. LEXIS 17 (Wyo. 1955).

And when clear view. —

Where there is a clear view, it is not negligence to drive in the center of the highway, or even on the opposite side, but, in rounding a curve or approaching the summit of a hill, where the view is shortened, it is the driver's duty to keep on the right side. Dallason v. Buckmeier, 74 Wyo. 125, 284 P.2d 386, 1955 Wyo. LEXIS 17 (Wyo. 1955) (see § 31-5-205 ).

Passing driver obligated to ensure passing lane clear. —

If a person desires to pass another through a dust cloud it is his sole duty to ensure that the passing lane is clear before passing. England v. Simmons, 728 P.2d 1137, 1986 Wyo. LEXIS 660 (Wyo. 1986).

§ 31-5-205. Additional limitations on driving on the left; exceptions.

1. No vehicle shall be driven on the left side of the roadway under the following conditions:
   1. When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
   2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing unless otherwise indicated by official traffic-control devices;
   3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.
2. Subsection (a) of this section does not apply:
   1. Upon a one-way roadway;
   2. Under the conditions described in W.S. 31-5-201(a)(ii);
   3. To the driver of a vehicle turning left into or from an alley, private road or driveway.

History. Laws 1955, ch. 225, § 48; C.S. 1945, § 60-648; W.S. 1957, § 31-103; Laws 1984, ch. 48, § 1.

Lane deviation warranted traffic stop. —

Substantial evidence supported the Office of Administrative Hearings' (OAH) decision to uphold the suspension of the driver's license for failing to submit to chemical testing pursuant to Wyo. Stat. Ann. § 31-6-102 because: (1) the trooper stated that he saw the driver's vehicle cross over the center line and the fog line more than once; and (2) the OAH reviewed the DVD of the incident, which showed the vehicle drifting from one side of lane to the other more than once and therefore corroborated the trooper's statements, even though it did not depict clearly whether the vehicle crossed over the lines due to its poor quality and limited duration. Taken together, the trooper's report and the DVD constituted relevant evidence from which a reasonable mind could conclude that the trooper had probable cause to stop the vehicle for a traffic violation, namely driving under the influence or failing to drive within the lanes. Tiernan v. State, DOT, 2011 WY 143, 262 P.3d 561, 2011 Wyo. LEXIS 147 (Wyo. 2011), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Applied in

Lake v. D & L Langley Trucking, Inc., 2010 WY 75, 233 P.3d 589, 2010 Wyo. LEXIS 79 (June 9, 2010).

Quoted in

Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Stated in

Sellers v. Dooley Oil Transp., 2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57 (Wyo. 2001).

Cited in

State v. Rideout, 450 P.2d 452, 1969 Wyo. LEXIS 116 (Wyo. 1969).

§ 31-5-206. Overtaking on the right.

1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
   1. When the vehicle overtaken is making or about to make a left turn;
   2. Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety. The movement shall not be made by driving off the roadway.

History. Laws 1955, ch. 225, § 46; C.S. 1945, § 60-646; W.S. 1957, § 31-104; Laws 1984, ch. 48, § 1.

Cited in

Hodges v. State, 904 P.2d 334, 1995 Wyo. LEXIS 185 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Operation of statutory regulations where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 ALR2d 114.

§ 31-5-207. No-passing zones.

1. The superintendent and local authorities may determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when the signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) of this section no driver shall drive on the left side of the roadway within a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone throughout its length.
3. This section does not apply under the conditions described in W.S. 31-5-201(a)(ii) nor to the driver of a vehicle turning left into or from any alley, private road or driveway.

History. Laws 1955, ch. 225, § 49; C.S. 1945, § 60-649; W.S. 1957, § 31-105; Laws 1971, ch. 182, §§ 1, 2; 1984, ch. 48, § 1.

Applicability. —

The statute is intended to apply only to roadways on which traffic runs in two directions; it is inapplicable to a multi-lane, one-way roadway. Sellers v. Dooley Oil Transp., 2001 WY 44, 22 P.3d 307, 2001 Wyo. LEXIS 57 (Wyo. 2001).

Jury determines whether no-passing zone violation constitutesnegligence. —

A court properly should leave the determination to the jury whether a no-passing zone violation, considered with all the surrounding circumstances, constituted negligence that was a proximate cause of the accident. Kinnison v. Houghton, 432 F.2d 1274, 1970 U.S. App. LEXIS 6701 (10th Cir. Wyo. 1970).

§ 31-5-208. One-way roadways and rotary traffic islands.

1. The superintendent and local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway or specific lanes upon which vehicular traffic shall proceed in one (1) direction at all or such times as is indicated by official traffic-control devices.
2. Upon a roadway so designated for one-way traffic a vehicle shall be driven only in the direction designated at all or such times as indicated by official traffic-control devices.
3. A vehicle passing around a rotary traffic island shall be driven only to the right of the island.

History. Laws 1955, ch. 225, § 50; C.S. 1945, § 60-650; W.S. 1957, § 31-106; Laws 1984, ch. 48, § 1.

§ 31-5-209. Driving on roadways laned for traffic.

1. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
   1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety;
   2. Upon a roadway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making or completing a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and the allocation is designated by official traffic-control devices;
   3. Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device;
   4. Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadways and drivers of vehicles shall obey the directions of every such device.

History. Laws 1955, ch. 225, § 51; C.S. 1945, § 60-651; W.S. 1957, § 31-107; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Probable cause for traffic stop.

State trooper’s decision to stop defendant’s vehicle was supported by reasonable suspicion because the trooper observed defendant’s vehicle twice cross over the center line of a highway when the weather was clear, the sun was setting, and the roads were dry. Elmore v. State, 2021 WY 41, 482 P.3d 358, 2021 Wyo. LEXIS 48 (Wyo. 2021).

Lane deviation warranted traffic stop. —

Evidence demonstrated requisite probable cause for officer to stop defendant for traffic violation (driving in more than one lane of traffic on four-lane city street, in violation of subsection (a)(i)). — See Norman v. State, 747 P.2d 520, 1987 Wyo. LEXIS 563 (Wyo. 1987), reh'g denied, 1988 Wyo. LEXIS 12 (Wyo. Jan. 12, 1988).

Trial court properly denied defendant's motion to suppress evidence of marijuana that was found in defendant's vehicle because defendant's one-time lane deviation, which was extensive, both in time and distance, constituted a statutory violation, and thus warranted a traffic stop; the deviation was eight inches over the fog line for approximately 550 feet. Dods v. State, 2010 WY 133, 240 P.3d 1208, 2010 Wyo. LEXIS 142 (Wyo. 2010).

Probable cause for traffic stop. —

Where appellant's license was suspended following his arrest for driving while under the influence of alcohol, the record contained substantial evidence to show the deputy had probable cause to stop appellant for violating this section because his report stated that appellant's truck went across the centerline and the fog line before regaining a single lane of travel. The lane violations were also shown on a DVD. Espinoza v. State ex rel. Wyo. DOT, 2012 WY 101, 280 P.3d 1226, 2012 Wyo. LEXIS 107 (Wyo. 2012), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Quoted in

Oberson v. Shreeve, 672 P.2d 1294, 1983 Wyo. LEXIS 395 (Wyo. 1983).

Cited in

Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Aug. 1, 2008).

Am. Jur. 2d, ALR and C.J.S. references. —

Negligence of motorist as to injury or damage occasioned in avoiding collision with vehicle approaching in wrong lane, 47 ALR2d 119.

§ 31-5-210. Following too closely.

1. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.
2. The driver of any vehicle when traveling upon a roadway outside of a business or residence district, and which is following another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger.
3. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

History. Laws 1955, ch. 225, § 52; C.S. 1945, § 60-652; W.S. 1957, § 31-107; Laws 1973, ch. 194, § 2; 1984, ch. 48, § 1.

Investigatory stop of vehicle was warranted.

—

Defendant was not seized in violation of the Fourth Amendment when a trooper stopped him for following another vehicle too closely because the trooper developed reasonable suspicion that defendant was following a semi-truck too closely by using the two-second rule to measure the distance between the two vehicles multiple times; an officer can develop reasonable suspicion that a driver is following another vehicle too closely without resorting to such a complex method. Robinson v. State, 2019 WY 125, 454 P.3d 149, 2019 Wyo. LEXIS 127 (Wyo. 2019).

Section extends to every person or vehicle reasonably affordedprotection. —

This section was enacted for the protection of every person or vehicle which would reasonably be afforded a measure of protection by the enforcement of the terms thereof. Zanetti Bus Lines v. Logan, 400 P.2d 482, 1965 Wyo. LEXIS 134 (Wyo. 1965).

And nothing contained in section would indicate any intention to restrict its application. Zanetti Bus Lines v. Logan, 400 P.2d 482, 1965 Wyo. LEXIS 134 (Wyo. 1965).

Plaintiff may rely on a violation of this section as evidence of negligence where the plaintiff will reasonably be afforded a measure of protection by the enforcement of the terms thereof. Kinnison v. Houghton, 432 F.2d 1274, 1970 U.S. App. LEXIS 6701 (10th Cir. Wyo. 1970).

Violation of provisions evidence of reckless intent. —

Evidence that the defendant violated §§ 31-5-115 , 31-5-203(a)(i) and 31-5-301 and subsection (a) of this section could form a basis for the conclusion that the defendant was driving in a manner that he knew, or should have known, was highly dangerous to others and that he did so intentionally, or heedlessly, with a careless indifference to the consequences. Harvey v. State, 596 P.2d 1386, 1979 Wyo. LEXIS 428 (Wyo. 1979).

Investigatory stop of vehicle was warranted. —

Officer's observation of a driver tailgating a semi truck for approximately one-half of a mile, in violation of Wyo. Stat. Ann. §§ 31-5-210(a), -1201(a), provided probable cause to initiate a traffic stop; the initial stop did not violate Wyo. Const. art. I, § 4. Yoeuth v. State, 2009 WY 61, 206 P.3d 1278, 2009 Wyo. LEXIS 59 (Wyo. 2009).

Denial of defendants' motion to suppress was proper because Wyo. Stat. Ann. § 31-5-210 prohibited following another vehicle more closely, the trooper testified that he saw defendants following a truck at less than one vehicle length behind, and there was nothing in the record warranting a conclusion that the district court's credibility determination or finding of probable cause was clearly erroneous or contrary to law. Thus, the initial stop was reasonable and did not violate Wyo. Const. art. 1, § 4 or U.S. Const. amend. IV. Phelps v. State, 2012 WY 87, 278 P.3d 1148, 2012 Wyo. LEXIS 92 (Wyo. 2012), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Initial stop of the vehicle in which defendant was a passenger and in which marijuana was found did not violate defendant's constitutional rights because the state trooper had reasonable suspicion that the driver of the vehicle was breaking the law by following another vehicle too closely as the trooper testified that there was very little space between the vehicles on the highway and that if something were to have happened, there would have been little reaction time. Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Applied in

Campbell v. W.S. Hatch Co., 622 P.2d 944, 1981 Wyo. LEXIS 280 (Wyo. 1981).

Quoted in

Combined Ins. Co. of Am. v. Sinclair, 584 P.2d 1034, 1978 Wyo. LEXIS 229 (Wyo. 1978); Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Am. Jur. 2d, ALR and C.J.S. references. —

Driver's failure to maintain proper distance from motor vehicle ahead, 85 ALR2d 613.

Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 52 ALR5th 155.

§ 31-5-211. Driving on divided highways.

Whenever any highway has been divided into two (2) or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any dividing space, barrier or section except through an opening in the physical barrier or dividing section or space or at a cross-over or intersection as established, unless specifically permitted by public authority.

History. Laws 1955, ch. 225, § 53; C.S. 1945, § 60-653; W.S. 1957, § 31-109; Laws 1984, ch. 48, § 1.

§ 31-5-212. Driving onto or from controlled-access highways.

No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.

History. Laws 1955, ch. 225, § 54; C.S. 1945, § 60-654; W.S. 1957, § 31-110; Laws 1984, ch. 48, § 1.

§ 31-5-213. Restrictions on use of controlled-access highways.

1. The department may by rule or regulation, and local authorities may by ordinance, with respect to any controlled-access highway under their respective jurisdictions prohibit or regulate the use of the highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
2. The department or the local authority adopting any prohibitory regulation under subsection (a) of this section shall erect and maintain official traffic-control devices on the controlled-access highway on which the regulations are applicable and when so erected no person shall disobey the restrictions stated on the devices.

History. Laws 1955, ch. 225, § 55; C.S. 1945, § 60-655; W.S. 1957, § 31-111; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3.

§ 31-5-214. Required position and method of turning at intersections.

1. The driver of a vehicle intending to turn shall do so as follows:
   1. Right turns: Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;
   2. Left turns: The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered;
   3. Two-way left turn lanes: Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic-control devices:
      1. A left turn shall not be made from any other lane;
      2. A vehicle shall not be driven in the lane except when preparing for making a left turn from or onto the roadway or when preparing for a U-turn when otherwise permitted by law.
2. The highway department and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles and when the devices are so placed no driver shall turn a vehicle other than as directed and required by the devices.

History. Laws 1955, ch. 225, § 56; C.S. 1945, § 60-656; W.S. 1957, § 31-112; Laws 1984, ch. 48, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for accident arising from motorist's failure to give signal for right turn, 38 ALR2d 143.

Construction, applicability and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 ALR2d 850.

Duty and liability of vehicle drivers approaching intersection of one-way street with other street, 62 ALR2d 275.

Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.

Motorist's liability for collision at intersection of ordinary and arterial highways as affected by absence, displacement or malfunctioning of stop sign or other traffic signal, 74 ALR2d 242.

Motor vehicle accidents involving right turns from lane other than right-hand lane, 7 ALR3d 282.

What is street intersection within traffic statute or regulations, 7 ALR3d 1204.

Accidents arising from merger of traffic on limited access highway with that from service road or ramp, 40 ALR3d 1429.

§ 31-5-215. Limitations on turning around.

1. The driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction unless the movement can be made in safety and without interfering with other traffic.
2. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet.

History. Laws 1955, ch. 225, § 57; C.S. 1945, § 60-657; W.S. 1957, § 31-113; Laws 1984, ch. 48, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Automobiles: liability for u-turn collisions, 53 ALR4th 849.

§ 31-5-216. Starting parked vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until the movement can be made with reasonable safety.

History. Laws 1955, ch. 225, § 58; C.S. 1945, § 60-658; W.S. 1957, § 31-114; Laws 1984, ch. 48, § 1.

§ 31-5-217. Turning movements and required signals.

1. No person shall turn a vehicle or move right or left upon a roadway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided by this section.
2. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.
3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal required by this act to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.
4. The signals required on vehicles by W.S. 31-5-218(b) shall not be flashed on one (1) side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear, nor be flashed on one (1) side only of a parked vehicle except as may be necessary for compliance with this section.
5. No person shall drive a motor vehicle upon private or public property to gain access to another roadway for the purpose of avoiding a traffic-control device.

History. Laws 1955, ch. 225, § 59; C.S. 1945, § 60-659; W.S. 1957, § 31-115; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-5-102(a)(lix).

Probable cause for traffic stop. —

Probable cause existed for the traffic stop of defendant because a police officer stopped defendant after observing defendant's vehicle turn without signaling in violation of Wyoming law. Vogt v. State ex rel. DOT, 2013 WY 123, 310 P.3d 899, 2013 Wyo. LEXIS 129 (Wyo. 2013).

References to change of course construed with references to intersection, road or driveway. —

While this section prohibits the turning of a vehicle from a direct course and moving right or left until such movement can be made with reasonable safety, such a prohibition must be construed with and in the light of the specific references to an intersection, private road or driveway, and also with and in the light of § 31-5-209 having to do with lanes of traffic. Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961) (decided prior to 1984 revision of this title).

Meandering by bicycle rider within right-hand lane not violation as matter of law. —

It cannot be said as a matter of law that a turn in the nature of a meandering within a single right-hand lane of traffic by a child on a bicycle is a violation of this section. Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

Applied in

Lake v. D & L Langley Trucking, Inc., 2010 WY 75, 233 P.3d 589, 2010 Wyo. LEXIS 79 (June 9, 2010).

Cited in

State v. Welch, 873 P.2d 601, 1994 Wyo. LEXIS 56 (Wyo. 1994).

Am. Jur. 2d, ALR and C.J.S. references. —

Sudden stop or slowing of motor vehicle as negligence, 29 ALR2d 5.

Violation of statutes by motorist's failure to give signal for right turn, 38 ALR2d 143.

Violation of statute by motorist's failure to give signal for left turn, 39 ALR2d 15.

What is a street or highway intersection within traffic rules, 7 ALR3d 1204.

Duty and liability with respect to giving audible signal at intersection, 21 ALR3d 268.

Negligence or contributory negligence of motorist in failing to proceed in accordance with turn signal given, 84 ALR4th 124.

Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 ALR5th 193.

§ 31-5-218. Signals by hand and arm or signal lamps.

1. Any stop or turn signal when required under this act shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this section.
2. Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the motor vehicle exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet. The latter measurement shall apply to any single vehicle and to any combination of vehicles.

History. Laws 1955, ch. 225, § 60; C.S. 1945, § 60-660; W.S. 1957, § 31-116; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-5-102(a)(lix).

Am. Jur. 2d, ALR and C.J.S. references. —

Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 ALR5th 193.

§ 31-5-219. Manner of giving hand and arm signals.

1. All signals required under this act given by hand and arm shall be given from the left side of the vehicle in the following manner and the signals shall indicate as follows:
   1. Left turn: Hand and arm extended horizontally;
   2. Right turn: Hand and arm extended upward;
   3. Stop or decrease speed: Hand and arm extended downward.

History. Laws 1955, ch. 225, § 61; C.S. 1945, § 60-661; W.S. 1957, § 31-117; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 31-5-102(a)(lix).

§ 31-5-220. Approaching or entering intersection.

1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
2. When two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
3. The right-of-way rules declared in subsections (a) and (b) of this section are modified at through highways and otherwise as stated in this act.

History. Laws 1955, ch. 225, § 62; C.S. 1945, § 60-662; W.S. 1957, § 31-118; Laws 1984, ch. 48, § 1.

Cross references. —

As to designation of through highways, see § 31-5-503 .

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-5-102(a)(lix).

Driver on through street entitled to assume way clear. —

Where there is a through street, the vehicle driver thereon has a right to assume the way is clear for his passage through intersections, whereas the driver of a vehicle on the nonthrough intersecting street is subjected to a new and added peril when entering the intersection unless given warning of the superior right of the driver upon the through street in the use of the intersection. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

And driver approaching through street must stop before enteringintersection. —

Drivers of vehicles upon streets which intersect through streets are governed by § 31-5-503 , which requires a driver approaching a through street, indicated by a stop sign, to stop his vehicle before entering the intersection. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

But where there is no through street, both drivers must exercise same care. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

And governed by this section and § 31-5-221 . —

In the absence of there being a through or arterial street, drivers of vehicles on both of two intersecting streets are governed by this section and § 31-5-221 , which only require such drivers: (1) to yield the right-of-way to a vehicle which has entered the intersection from a different highway; and (2) when two vehicles enter the intersection from different highways at approximately the same time, to yield to the vehicle on the right. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966).

Right-of-way does not excuse failure to use due care. —

A motorist's failure to drive with due care is not excused on the ground that he has the statutory right-of-way. Pierce v. Bean, 57 Wyo. 189, 115 P.2d 660, 1941 Wyo. LEXIS 28 (Wyo. 1941).

And to avoid collision. —

Rights of persons on streets are relative, and though this section, when conditions are equal, imposes duty upon driver approaching intersection to give right-of-way to vehicles approaching intersection on his right, it remains duty of driver given the right-of-way to exercise reasonable care to avoid collision with other vehicles. Garner v. Brown, 31 Wyo. 77, 223 P. 217, 1924 Wyo. LEXIS 7 (Wyo. 1924).

Rights of persons on streets are relative, and though one is given right-of-way by this section, providing that one approaching intersection from right shall have right-of-way, it remains his duty to exercise reasonable care to avoid collision with other vehicles. Christensen v. McCann, 41 Wyo. 101, 282 P. 1061, 1929 Wyo. LEXIS 9 (Wyo. 1929).

Applied in

Fitzsimonds v. Cogswell, 405 P.2d 785, 1965 Wyo. LEXIS 157 (Wyo. 1965).

Quoted in

Parish v. Hammel, 445 P.2d 7, 1968 Wyo. LEXIS 197 (Wyo. 1968); Oroz v. Hayes, 598 P.2d 432, 1979 Wyo. LEXIS 438 (Wyo. 1979).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for automobile accident as affected by reliance upon or disregard of stop-and-go signal, 2 ALR3d 12.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 ALR3d 155.

Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 ALR3d 180.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 ALR3d 557.

§ 31-5-221. Turning left at intersection.

The driver of a vehicle intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

History. Laws 1955, ch. 225, § 63; C.S. 1945, § 60-663; W.S. 1957, § 31-119; Laws 1984, ch. 48, § 1.

Statutory duties imposed upon drivers with respect to left-hand turn at intersection are contained in § 31-5-214(a)(ii) and this section. Berta v. Ford, 469 P.2d 12, 1970 Wyo. LEXIS 169 (Wyo. 1970).

Duty upon left-turning motorist and approaching motorist is mutual obligation, equally imposed. Hack v. Pickrell, 515 P.2d 134, 1973 Wyo. LEXIS 186 (Wyo. 1973).

“Proper lookout” includes a duty to see objects in plain sight and a driver is bound to see reasonably that which is open and apparent and he must take knowledge of obvious dangers. This duty is not merely one of looking but one of observing, which imposes upon an operator the necessity of being observant as to the traffic and general situation. Berta v. Ford, 469 P.2d 12, 1970 Wyo. LEXIS 169 (Wyo. 1970).

Justification for turning left depends on circumstances. —

It is quite clear under the provisions of this section that whether or not a driver of an automobile is justified in turning to the left at a particular time depends on the circumstances. Frazier v. Pokorny, 349 P.2d 324, 1960 Wyo. LEXIS 52 (Wyo. 1960).

Whether or not under this section a driver of a vehicle is justified in turning to the left at a particular time depends on the circumstances. Berta v. Ford, 469 P.2d 12, 1970 Wyo. LEXIS 169 (Wyo. 1970).

Driver with right-of-way not relieved from liability for ownnegligence. —

If the driver with the right-of-way has a right to believe that the driver making the turn will stop before entering his lane of traffic, still that does not relieve him from liability if he contributes to the collision. Frazier v. Pokorny, 349 P.2d 324, 1960 Wyo. LEXIS 52 (Wyo. 1960).

Applied in

Parish v. Hammel, 445 P.2d 7, 1968 Wyo. LEXIS 197 (Wyo. 1968).

Cited in

Fanning v. City of Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

§ 31-5-222. Stop signs and yield signs.

1. Preferential right-of-way may be indicated by stop signs or yield signs as authorized in W.S. 31-5-503 .
2. Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection or junction of roadways. The driver shall yield the right-of-way to pedestrians within an adjacent crosswalk.
3. The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. The driver shall yield the right-of-way to pedestrians within an adjacent crosswalk. If the driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield the right-of-way.

History. Laws 1955, ch. 225, § 64; C.S. 1945, § 60-664; W.S. 1957, § 31-120; Laws 1959, ch. 65, § 1; 1963, ch. 52, § 1; 1984, ch. 48, § 1.

Meaning of “immediate hazard.” —

The term “immediate hazard,” as used in subsection (b), means that a vehicle on a through highway approaching an intersection constitutes an immediate hazard when it is not so far distant from the intersection that considering the rate of speed at which it is traveling it would be reasonable to assume that a collision would occur if the vehicle stopped at the intersection on the stop street were to start in motion and move into the path of the vehicle on the through street. Colwell v. Anderson, 438 P.2d 448, 1968 Wyo. LEXIS 160 (Wyo. 1968).

Presumption. —

In a husband and wife's tort suit against a truck driver and her employer for severe injuries the husband sustained in a motor vehicle accident, the district court did not err in refusing to instruct the jury concerning a statutory presumption under Wyo. Stat. Ann. § 31-5-222(c) as the employer did not argue at trial, or offer an instruction stating, that the statute created a presumption that shifted the burden of proof, as required by Wyo. R. Civ. P. 51(b), and the question of fault was a factual one for the jury to decide. Werner Enters. v. Brophy, 2009 WY 132, 218 P.3d 948, 2009 Wyo. LEXIS 145 (Wyo. 2009).

Applied in

Rogers v. Hansen, 361 P.2d 676, 1961 Wyo. LEXIS 92 (Wyo. 1961); Robinson v. Shoumaker, 418 P.2d 789, 1966 Wyo. LEXIS 165 (Wyo. 1966).

Quoted in

Husted v. French Creek Ranch, Inc., 79 Wyo. 307, 333 P.2d 948, 1959 Wyo. LEXIS 7 (1959).

Yield the right-of-way. —

District court properly, on the jury verdict, found a driver not negligent in causing an automobile accident because, notwithstanding evidence that the driver failed to yield the right of way to the second driver, the jury could reasonably conclude from the evidence that the first driver acted as an ordinary careful person would under the same or similar circumstances where the conflicting trial testimony permitted the jury to draw more than one reasonable inference, the evidence showed that the first driver carefully approached the “T” intersection, took extra time to twice look left and right, proceeded slowly when he thought it was safe, and only collided with the second driver when the second driver cut sharply into his lane of travel. Wageman v. Harrell, 2020 WY 143, 476 P.3d 657, 2020 Wyo. LEXIS 169 (Wyo. 2020).

§ 31-5-223. Entering or crossing roadway.

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

History. Laws 1955, ch. 225, § 65; C.S. 1945, § 60-665; W.S. 1957, § 31-121; Laws 1984, ch. 48, § 1.

When approaching vehicle within section. —

Any vehicle approaching at a speed and within a distance which would have warned a reasonable person that its travel could be endangered or interfered with by the entrance of another vehicle upon the highway would be a circumstance directly related to the violation of this section. MacManus v. Getter Trucking Co., 384 P.2d 974, 1963 Wyo. LEXIS 110 (Wyo. 1963).

Vehicle being struck before completing entrance tends to showfailure to yield. —

The fact that a vehicle is struck before it has completed an entrance to the highway constitutes evidence tending to show that it has failed to yield the right-of-way. MacManus v. Getter Trucking Co., 384 P.2d 974, 1963 Wyo. LEXIS 110 (Wyo. 1963).

§ 31-5-224. Operation of vehicles upon approach of authorized emergency vehicles and other parked or slow-moving vehicles.

1. Upon the immediate  approach of an authorized emergency vehicle making use of audible  or visual signals meeting the requirements of W.S. 31-5-928 and 31-5-952 , the  driver of every other vehicle shall yield the right-of-way  and shall immediately drive to a position parallel to, and as close  as possible to, the right-hand edge or curb of the roadway  clear of any intersection and shall stop and remain in that position  until the authorized emergency vehicle has passed, except when otherwise  directed by a police officer. When an authorized emergency vehicle  making use of any visual signals provided for in W.S. 31-5-928 (d) is parked, the driver of every other vehicle, as soon as it is safe:
   1. When driving  on an interstate highway or other highway with two (2) or more lanes  traveling in the direction of the emergency vehicle, shall merge into  the lane farthest from the emergency vehicle or at least one (1) lane of traffic apart from the emergency  vehicle, except when otherwise directed by a police officer;
   2. When driving  on a two (2) lane road with a posted speed limit of forty-five (45) miles per hour or greater, shall slow to a speed that is twenty (20) miles per hour less than  the posted speed limit, except when otherwise directed by a police  officer.
2. When an authorized municipal, public utility or highway construction or maintenance vehicle is stopped or is moving at less than twenty (20) miles per hour on or within three (3) feet of a roadway and is making use of any visual signals provided for in W.S. 31-5-928(d), (f)(ii), (h) or 31-5-930 , the driver of every other vehicle, as soon as it is safe:
   1. When driving on an interstate highway or other highway with two (2) or more lanes traveling in the same direction of the municipal, public utility or highway construction or maintenance vehicle, shall merge into the lane farthest from the vehicle or at least one (1) lane of traffic apart from the vehicle except when otherwise directed by a police officer;
   2. When driving on a two (2) lane road with a posted speed limit of forty-five (45) miles per hour or greater, shall slow to a speed that is twenty (20) miles per hour less than the posted speed limit, except when otherwise directed by a police officer.
3. This section shall not operate to relieve the driver of an authorized  emergency vehicle, municipal, public utility or highway construction or maintenance vehicle from  the duty to drive with due regard for the safety of all persons using  the highway.
4. For purposes of this section, “public utility” means as defined in W.S. 37-1-101(a)(vi).

History. Laws 1955, ch. 225, § 66; C.S. 1945, § 60-666; W.S. 1957, § 31-122; Laws 1984, ch. 48, § 1; 2001, ch. 83, § 1; 2002 Sp. Sess., ch. 45, § 1; 2018, ch. 79, § 1; 2021, ch. 84, § 1.

The 2018 amendment, effective July 1, 2018, in (a)(i), inserted “from the emergency vehicle or at least one (1) lane of traffic apart”; in (a)(ii), inserted “with a posted speed limit of forty-five (45) miles per hour or greater”; added (b); redesignated former (b) as (c); in (c), inserted “municipal, public utility or highway construction or maintenance vehicle”; and added (d).

The 2021 amendment , effective July 1, 2021, added ", (h)" following "(f)(ii)" in (b).

Am. Jur. 2d, ALR and C.J.S. references. —

Use or nonuse of flashing light, siren or other alarm device as affecting liability arising from accident involving police vehicle, 83 ALR2d 383.

Liability for personal injury or damage at street intersection from operation of ambulance, 84 ALR2d 121.

Construction and application of statutory provision requiring motorists to yield right-of-way to emergency vehicle, 87 ALR5th 1.

§ 31-5-225. Fleeing or attempting to elude police officers; penalty.

1. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop, is guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving the signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
2. Except as provided in subsection (d) of this section, every person convicted of fleeing or attempting to elude a police officer 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.
3. A driver commits aggravated fleeing or attempting to elude a police officer if:
   1. The driver has previously been convicted of fleeing or eluding a police officer under either subsection (a) of this section or this subsection; or
   2. In the course of committing a violation under subsection (a) of this section the driver:
      1. Attempts to cause or intentionally or knowingly causes bodily injury to any other person; or
      2. Causes property damage to the property of any other person in an amount exceeding ten thousand dollars ($10,000.00).
4. Every person convicted of aggravated fleeing or attempting to elude a police officer shall be guilty of a felony and shall be punished by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than five (5) years, or both.

History. Laws 1973, ch. 194, § 1; W.S. 1957, § 31-122.1; Laws 1984, ch. 48, § 1; 2007, ch. 135, § 1; 2019, ch. 73, § 1.

Cross references. —

As to running manned roadblock, see § 6-5-205 .

The 2007 amendment, effective July 1, 2007, in (b) substituted “six (6) months” for “ninety (90) days.”

The 2019 amendment, effective July 1, 2019, in (b), added “Except as provided in subsection (d) of this section,” at the beginning; and added (c) and (d).

Resentencing.—

Remand for resentencing was appropriate because defendant’s sentence for fleeing or attempting to elude police officers was illegal as it exceeded the statutory maximum term of six months for that offense. Nesius v. State, 2019 WY 129, 454 P.3d 927, 2019 Wyo. LEXIS 131 (Wyo. 2019).

Cited in

McChesney v. State, 988 P.2d 1071, 1999 Wyo. LEXIS 159 (Wyo. 1999); Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Aug. 1, 2008); Leyva v. State, 2009 WY 149, 220 P.3d 791, 2009 Wyo. LEXIS 167 (Dec. 9, 2009); Leyva v. State, 2009 WY 149, 220 P.3d 791, 2009 Wyo. LEXIS 167 (Dec. 9, 2009).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of one fleeing police for injury resulting from collision of police vehicle with another vehicle, person or object, 51 ALR3d 1226.

What constitutes “fleeing from justice” within meaning of 18 U.S.C. § 3290 which provides that no statute of limitations shall extend to persons fleeing from justice, 148 ALR Fed 573.

§ 31-5-226. Limitations on backing.

1. The driver of a vehicle shall not back the vehicle unless the movement can be made with safety and without interfering with other traffic.
2. The driver of a vehicle shall not back the vehicle upon any shoulder or roadway of any controlled-access highway.

History. Laws 1955, ch. 225, § 94; C.S. 1945, § 60-694; W.S. 1957, § 31-123; Laws 1984, ch. 48, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 ALR2d 5.

§ 31-5-227. Driving through defiles or canyons or on mountain highways.

The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of the motor vehicle upon approaching any curve where the view is obstructed within a distance of two hundred (200) feet along the highway.

History. Laws 1955, ch. 225, § 97; C.S. 1945, § 60-697; W.S. 1957, § 31-124; Laws 1984, ch. 48, § 1.

Cited in

Hodges v. State, 904 P.2d 334, 1995 Wyo. LEXIS 185 (Wyo. 1995).

§ 31-5-228. Loads on vehicles.

No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. This section does not prohibit the necessary spreading of any substance in highway maintenance or construction operations.

History. Laws 1977, ch. 89, § 1; W.S. 1957, § 31-124.1; Laws 1984, ch. 48, § 1.

§ 31-5-229. Reckless driving.

Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

History. Laws 1955, ch. 225, § 35; C.S. 1945, § 60-635; W.S. 1957, § 31-125; Laws 1984, ch. 48, § 1.

Cross references. —

As to suspension or revocation of driver's license or privilege of driving upon conviction of reckless driving, see §§ 31-7-127 and 31-7-128 .

Reckless driving is condemned by this section even though no actual injury to persons or property may result. Norfolk v. State, 360 P.2d 605, 1961 Wyo. LEXIS 86 (Wyo. 1961).

What constitutes reckless driving depends upon the particular circumstances, and the determination is for the trier of fact, whether it be the judge or a jury. Norfolk v. State, 360 P.2d 605, 1961 Wyo. LEXIS 86 (Wyo. 1961).

“Willful misconduct.” —

“Willful misconduct” implies at least the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result. State v. Rideout, 450 P.2d 452, 1969 Wyo. LEXIS 116 (Wyo. 1969).

Exceeding speed limit does not necessarily constitute reckless driving. —

It is not necessarily true that exceeding the speed limit will constitute reckless driving within the meaning of this section, since there might be an emergency or, if a driver wants to pass another car which is being driven slowly, it may be necessary to exceed the speed limit for a short time in order not to endanger passengers in the car which is being passed. Norfolk v. State, 360 P.2d 605, 1961 Wyo. LEXIS 86 (Wyo. 1961).

Under this section, speed alone does not necessarily suffice to show reckless disregard for the safety of others. Bartlett v. State, 569 P.2d 1235, 1977 Wyo. LEXIS 285 (Wyo. 1977), overruled, Nowack v. State, 774 P.2d 561, 1989 Wyo. LEXIS 120 (Wyo. 1989).

No speedy trial violation. —

Where a defendant appealed his conviction for reckless driving, in violation of Wyo. Stat. Ann. § 31-5-229 , the 332 days he spent incarcerated between his arrest and the commencement of his trial did not constitute a violation of his Sixth Amendment right to a speedy trial. The State's decision to file a new information against him could not be characterized as an eleventh-hour decision; the delay was akin to the delays in the Wehr and Boucher decisions. Mascarenas v. State, 2013 WY 163, 315 P.3d 656, 2013 Wyo. LEXIS 169 (Wyo. 2013).

Evidence sufficient for conviction. —

Where a defendant appealed his conviction for reckless driving, in violation of Wyo. Stat. Ann. § 31-5-229 , he unsuccessfully argued that the State failed to present sufficient evidence to sustain his conviction for reckless driving because it only presented evidence that he was driving while under the influence and crashed his vehicle into a tree. The testimony was sufficient for a jury to make a reasonable inference that squealing tires, driving over curbs and into yards, and crashing into trees would likely only occur because the driver was driving in a way that disregarded the safety of other people or property. Mascarenas v. State, 2013 WY 163, 315 P.3d 656, 2013 Wyo. LEXIS 169 (Wyo. 2013).

Evidence sufficient for conviction. —

See Wood v. Casper, 683 P.2d 1147, 1984 Wyo. LEXIS 307 (Wyo. 1984).

No mandated reduction of tort damages if misconduct willful and wanton. —

Section 1-1-109 does not mandate the reduction of damages on the basis of comparative negligence of the plaintiff if the defendant's misconduct is willful and wanton. Danculovich v. Brown, 593 P.2d 187, 1979 Wyo. LEXIS 397 (Wyo. 1979).

Cited in

Wyoming Intermediate Appeals. Wood v. City of Casper, 660 P.2d 1163, 1983 Wyo. LEXIS 302 (Wyo. 1983).

Am. Jur. 2d, ALR and C.J.S. references. —

Driving while intoxicated as reckless driving where driving while intoxicated is made a separate offense, 52 ALR2d 1337.

What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 ALR2d 1337.

Liability as between participants for action arising from private automobiles or other vehicles racing on public street or highway, 59 ALR2d 481.

Speed alone or in connection with other circumstances as gross negligence, wantonness, recklessness or the like under automobile guest statute, 6 ALR3d 769.

Liability of participant in unauthorized highway race for injury to third person directly caused by other racer, 13 ALR3d 431.

Liability for negligent operation of dune buggy, 2 ALR4th 795.

Statute prohibiting reckless driving: definiteness and certainty, 52 ALR4th 1161.

§ 31-5-230. Coasting.

1. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears or transmission of the vehicle in neutral.
2. The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch disengaged.

History. Laws 1955, ch. 225, § 98; C.S. 1945, § 60-698; W.S. 1957, § 31-126; Laws 1984, ch. 48, § 1.

§ 31-5-231. Following fire apparatus.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or stop the vehicle within five hundred (500) feet of any fire apparatus stopped in answer to a fire alarm.

History. Laws 1955, ch. 225, § 99; C.S. 1945, § 60-699; W.S. 1957, § 31-127; Laws 1984, ch. 48, § 1.

§ 31-5-232. Driving over fire hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.

History. Laws 1955, ch. 225, § 100; C.S. 1945, § 60-700; W.S. 1957, § 31-128; Laws 1984, ch. 48, § 1.

§ 31-5-233. Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

1. As used in this section:
   1. “Alcohol concentration” means:
      1. The number of grams of alcohol per one hundred (100) milliliters of blood;
      2. The number of grams of alcohol per two hundred ten (210) liters of breath; or
      3. The number of grams of alcohol per seventy-five (75) milliliters of urine.
   2. “Controlled substance” includes:
      1. Any drug or substance defined by W.S. 35-7-1002(a)(iv);
      2. Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual’s ability to drive safely;
      3. Any drug or psychoactive substance, or any combination of these substances, capable of impairing a person’s physical or mental faculties.
   3. “Conviction” means as defined in W.S. 31-7-102(a)(xi);
   4. “Driver’s license” means as defined in W.S. 31-7-102(a)(xxv) and includes nonresident operating privileges as defined in W.S. 31-7-102(a)(xxx);
   5. “Other law prohibiting driving while under the influence” means a statute of another state, the United States or a territory or district of the United States or an ordinance of a governmental entity of this or another state or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs;
   6. “Child passenger” means a person traveling in a vehicle who is under sixteen (16) years of age;
   7. “Alcohol” means any substance or substances containing any form of alcohol;
   8. “Chemical test” means a test which analyzes an individual’s breath, blood, urine, saliva or other bodily fluids or tissues for evidence of drug or alcohol use.
2. No person shall drive or have actual physical control of any vehicle within this state if the person:
   1. Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more;
   2. Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more, as measured within two (2) hours after the time of driving or being in actual physical control of the vehicle following a lawful arrest resulting from a valid traffic stop; or
   3. To a degree which renders him incapable of safely driving:
      1. Is under the influence of alcohol;
      2. Is under the influence of a controlled substance; or
      3. Is under the influence of a combination of any of the elements named in subparagraphs (A) and (B) of this paragraph.
3. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or being in actual physical control of a vehicle while under the influence of alcohol, the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of the person’s blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
   1. If there was at that time an alcohol concentration of five one-hundredths of one percent (0.05%) or less, it shall be presumed that the person was not under the influence of alcohol;
   2. If there was at that time an alcohol concentration of more than five one-hundredths of one percent (0.05%) and less than eight one-hundredths of one percent (0.08%), that fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining whether the person was under the influence of alcohol to a degree which renders him incapable of safely driving a motor vehicle.
4. Subsection (c) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than two (2) hours after the alleged violation. The fact that any person charged with a violation of subsection (b) of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection (b) of this section.
5. Except as otherwise provided, a person convicted of violating this section shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) at or before sentencing. Notwithstanding any other provision of this subsection, a nonresident may receive a substance abuse assessment from a provider certified by that person’s state of residence. The cost of the substance abuse assessment shall be assessed to and paid by the offender. Except as otherwise provided in this subsection or subsection (h) or (m) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. On a second offense resulting in a conviction within ten (10) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months, he shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served 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). On a third offense resulting in a conviction within ten (10) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months, shall receive a substance abuse assessment pursuant to W.S. 7-13-1302 and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration. The minimum period of imprisonment for a third violation shall be mandatory, but the court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to fifteen (15) days of the mandatory period of imprisonment if, subsequent to the date of the current violation, the offender completes an inpatient treatment program approved by the court. In addition, the person may be fined not less than seven hundred fifty dollars ($750.00) nor more than three thousand dollars ($3,000.00). The judge may suspend part or all of the discretionary portion of an imprisonment sentence under this subsection and place the defendant on probation on condition that the defendant pursues and completes an alcohol education or treatment program as prescribed by the judge. Notwithstanding any other provision of law, the term of probation imposed by a judge under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall not exceed three (3) years for up to and including a third conviction. On a fourth offense resulting in a conviction or subsequent conviction within ten (10) years for a violation of this section or other law prohibiting driving while under the influence, he shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than seven (7) years, or both.
6. Any person  convicted under this section or other law prohibiting driving while  under the influence as defined in W.S. 31-5-233(a)(v), or whose prosecution under this section  is deferred under W.S. 7-13-301 , shall, in addition to the penalty imposed:
   1. Have his driver’s license suspended or revoked pursuant to W.S. 31-7-127 or 31-7-128 . The court shall forward to the department a copy of the record pertaining to disposition of the arrest or citation;
   2. Except as provided in subsection (n) of this section,  for a first conviction,  or for a prosecution deferred under W.S. 7-13-301 , where the department’s administrative action  indicates the person had an alcohol concentration of fifteen one-hundredths  of one percent (0.15%) or more, operate only vehicles equipped with  an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404 , for  a period of six (6) months. For purposes of this paragraph, the department’s  administrative action shall be deemed to indicate a person had an  alcohol concentration of fifteen one-hundredths of one percent  (0.15%) or more only after the person is notified of and given the  opportunity to pursue the administrative procedures provided by W.S. 31-7-105 ;
   3. Except as provided in subsection (n) of this section,  for a second conviction, operate only vehicles equipped  with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404 , for  a period of one (1) year;
   4. Except as provided in subsection (n) of this section,  for a third conviction, operate only vehicles equipped  with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404, for  a period of two (2) years;
   5. For a fourth or subsequent conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404, for the remainder of the offender’s life, except five (5) years from the date of conviction and every five (5) years thereafter, the offender may apply to the court for removal of the ignition interlock device required by this paragraph. The court may, for good cause shown, remove the ignition interlock device requirement if the offender has not been subsequently convicted of driving a motor vehicle in violation of this section or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).
7. The court may, upon pronouncement of any jail sentence under subsection (e) of this section, provide in the sentence that the defendant may be permitted, if he is employed or enrolled in school and can continue his employment or education, to continue such employment or education for not more than the time necessary as certified by his employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment or education and a reasonable time to travel to and from his place of employment or school. Unless the defendant is indigent, the court shall require him as a condition of special treatment under this subsection to pay a reasonable amount for room and board as determined by the sheriff.
8. As used in this subsection, “serious bodily injury” means as defined in W.S. 6-1-104(a)(x). Whoever causes serious bodily injury to another person resulting from the violation of this section shall be punished upon conviction as follows:
   1. If not subject to the penalty under paragraph (ii) of this subsection, by a fine of not less than two thousand dollars ($2,000.00) nor more than five thousand dollars ($5,000.00), imprisonment for not more than ten (10) years, or both;
   2. If previously convicted and sentenced under this subsection, or any other law substantially conforming to the provisions of this subsection, by imprisonment for not more than twenty (20) years; and
   3. Any person convicted under this subsection shall have his driver’s license revoked as provided in W.S. 31-7-127 .
9. Any person charged under this section or a municipal ordinance which substantially conforms to the provisions of this section shall be prosecuted under this section or the ordinance and not under a reduced charge or dismissed unless the prosecuting attorney in open court moves or files a statement to reduce the charge or dismiss, with supporting facts, stating that there is insufficient evidence to sustain the charge.
10. Chemical analysis of a person’s blood, breath or urine to determine alcohol concentration or controlled substance content shall be performed in accordance with W.S. 31-6-105(a).
11. Any person eighteen (18) years of age or older who has a child passenger in the vehicle during a violation of this section shall be punished upon conviction as follows:
    1. For a first conviction under this subsection, by imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars ($750.00), or both;
    2. If previously convicted and sentenced under this subsection, or any other law substantially conforming to the provisions of this subsection, by imprisonment for not more than five (5) years.
12. The court may, as an alternative or in addition to  the requirements of W.S. 31-5-233(f)(ii) through (iv), require a person otherwise restricted to  operating only motor vehicles equipped with an ignition interlock  device under W.S. 31-5-233(f)(ii) through (iv) to participate in a program established  under the 24/7 Sobriety Program Act, W.S. 7-13-1701 et seq., for the period specified in W.S. 31-5-233(f)(ii) through (iv). A person required to participate in a 24/7  sobriety program as an alternative to the requirements of W.S. 31-5-233(f)(ii) through (iv) shall be granted a restricted driver’s  license under W.S. 31-7-109(m) upon proper application under rules established by the department  and provided that the person enrolls in and complies with the requirements  of the 24/7 sobriety program.

History. Laws 1939, ch. 126, § 25; 1941, ch. 66, § 1; C.S. 1945, § 60-414; Laws 1953, ch. 184, § 1; 1955, ch. 97, § 1; W.S. 1957, § 31-129; Laws 1961, ch. 168, § 1; 1973, ch. 22, § 1; 1975, ch. 67, § 1; 1979, ch. 15, § 1; 1980, ch. 58, § 1; 1981, ch. 12, § 1; 1982, ch. 50, § 1; ch. 52, § 1; 1984, ch. 41, § 2; 1985, ch. 39, § 1; ch. 234, § 1; 1987, ch. 131, § 1; ch. 189, § 1; 1989, ch. 39, § 1; ch. 119, § 2; 1995, ch. 122, § 2; 1999, ch. 199, § 1; 2002 Sp. Sess., ch. 61, § 1; 2003, ch. 47, § 1; 2005, ch. 43, § 1; 2007, ch. 72, § 1; ch. 87, § 1; 2009, ch. 160, § 1; 2010, ch. 5, § 1; 2011, ch. 39, § 1; ch. 122, § 1; 2012, ch. 43, § 1; 2014, ch. 12, § 1; 2015, ch. 40, § 1; 2019, ch. 49, § 2.

Cross references. —

As to implied consent to chemical testing, see chapter 6 of this title.

For Controlled Substances Act, see § 35-7-1001 et seq.

The 2005 amendment, effective July 1, 2006, in (e), added the first two sentences, and inserted “he shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing.”

The 2007 amendments. —

The first 2007 amendment, by ch. 72, § 1, effective July 1, 2007, added (a)(vi); in (e) inserted “or m” following “subsection or subsection (h)”; and added (m).

The second 2007 amendment by ch. 87, § 1, effective July 1, 2007, in (h)(i) deleted “less than six (6) months nor” preceding “more than” and substituted “ten (10) years” for “one (1) year).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2009 amendment, effective July 1, 2009, in (f), substituted “other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v)” for “a municipal ordinance which substantially conforms to the provisions of this section”; designated the existing provisions beginning with “Have his driver’s license suspended” as (f)(i); and added (f)(ii) through (f)(v).

The 2010 amendment, effective July 1, 2010, added (a)(ii)(C), (a)(vii), and (a)(viii); added (b)(ii), redesignated former (b)(ii) as (b)(iii) and made a related change; substituted “two (2) hours” for “three (3) hours” in (d); in (e) inserted “offense resulting in a conviction” or variants throughout, and substituted “ten (10) years” for “five (5) years” throughout.

The 2011 amendments. —

The first amendment, by Laws 2011, ch. 39, § 1, effective July 1, 2011, in (f)(ii), substituted “the department's administrative action indicates the person had” for “the conviction is based on the person having,” deleted “from the date of conviction” at the end of the first sentence, and added the second sentence; and deleted “from the date of conviction” at the end of (f)(iii) and (f)(iv).

The second amendment, by Laws 2011, ch. 122, § 1, effective July 1, 2011, in (m)(i), added “a fine of not more than seven hundred fifty dollars ($750.00), or both.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2012 amendment, effective July 1, 2012, in (e), substituted “seven (7) years” for “two (2) years” near the end.

The 2014 amendment, effective July 1, 2014, substituted “as defined in W.S. 6-1-104(a)(x)” for “bodily injury which creates a reasonable likelihood of death or which causes miscarriage or serious permanent disfigurement or protracted loss or impairment of any bodily member or organ” in the introductory paragraph of (h).

The 2015 amendment, effective July 1, 2015, in (e), inserted the present second sentence.

The 2019 amendment, effective July 1, 2019, in the introductory language in (f), inserted “or whose or whose prosecution under this section is deferred under W.S. 7-13-301 ” following “as defined in W.S. 31-5-233(a)(v),” in (f)(ii) through (f)(iv), inserted the introductory language, “Except as provided in subsection (n) of this section,” in (f)(ii), inserted “or for a prosecution deferred under W.S. 7-13-301 ” following “first conviction”; and added (n).

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Application. —

Laws 2011, ch. 39, § 2, provides: “This act shall apply only to persons who are charged with a violation of W.S. 31-5-233 , or other law prohibiting driving while under the influence as defined in W.S. 31-5-233 (a)(v), on or after July 1, 2011.”

Look-back period.—

Wyo. Stat. Ann. § 31-5-233(e) unambiguously provides that the look-back period for enhanced DWUI penalties is measured back in time, up to 10 years, from the last offense. Ramirez v. State, 2016 WY 128, 386 P.3d 348, 2016 Wyo. LEXIS 142 (Wyo. 2016).

District court properly denied defendant's motion to dismiss a felony DUI charge where the legislature had, in effect, changed the measure of Wyo. Stat. Ann. § 31-5-233(e) (2015) from the date of the conviction to the actual conduct of driving drunk, and as a result, his April 2005 conviction was properly including in calculating the number of offenses. Ramirez v. State, 2016 WY 128, 386 P.3d 348, 2016 Wyo. LEXIS 142 (Wyo. 2016).

Because the information charged defendant with driving while under the influence subject to felony sentence enhancement, thus invoking the district court’s subject matter jurisdiction, defendant, by entering an unconditional guilty plea, waived the right to challenge whether the State of Wyoming could prove defendant had three offenses resulting in convictions within the ten-year look back period as required by statute. Protz v. State, 2019 WY 24, 435 P.3d 394, 2019 Wyo. LEXIS 24 (Wyo. 2019).

Tribal law as basis for revocation. —

A conviction for driving under the influence pursuant to Tribal law may support the revocation of a driver's license. Pogue v. Allison, 851 F. Supp. 1536, 1994 U.S. Dist. LEXIS 6234 (D. Wyo. 1994).

Statute not constitutionally vague as applied.

Wyo. Stat. Ann. § 31-5-233(b)(iii)(C) was not unconstitutionally vague as applied to defendant's conduct where the evidence showed that he had driven his pickup truck more than seven hours after consuming beer and marijuana, he rolled his vehicle twice on the way home, his BAC was .09 percent and THC level was 3.43 nanograms after the second accident, and thus, a person of ordinary intelligence would have understood that the influence of two intoxicating substances made him incapable of driving safely. Guilford v. State, 2015 WY 147, 362 P.3d 1015, 2015 Wyo. LEXIS 165 (Wyo. 2015).

Provisions in former subsection (e) unconstitutional. —

The surrender of a driver's license as a part of the penalty defined by the legislature for driving while intoxicated can be the function of the court imposing sentence, but the legislature has not seen fit to include suspension or revocation of drivers' licenses as part of the criminal penalty. The provisions in former subsection (e), therefore, for the collection of a driver's license by the court and for the issuance of a temporary driver's license by the court are unconstitutional in that they violate art. 2, § 1, Wyo. Const. by directing the exercise of powers properly belonging to the executive branch of the government to the judicial branch. State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983) (decided prior to 1984 amendment).

Subsection (b) is not unconstitutional because of the alleged vagueness or ambiguity of the words “actual physical control.” Adams v. State, 697 P.2d 622, 1985 Wyo. LEXIS 469 (Wyo. 1985).

Section 6-2-106(b) (aggravated homicide by vehicle) is not unconstitutional on equal protection grounds. The legislature recognized the seriousness of the harm caused when death results from a violation of this section and provided for a correspondingly stiffer penalty. Hodgins v. State, 706 P.2d 655, 1985 Wyo. LEXIS 555 (Wyo. 1985).

Standing to challenge constitutionality of subsection (j). —

The defendant, charged under former subsection (h) (now (j)), which provided that “any person charged under this section shall be prosecuted under this section and not under a reduced charge,” had no right to any plea bargain with the prosecutor or to the reduction or dismissal of charges against her. Without such a right, she had no standing to challenge the constitutionality of former subsection (h) on the grounds that it constituted an infringement on the prosecutorial discretion of the executive branch of government, which is a violation of the constitutional separation of powers. Gooden v. State, 711 P.2d 405, 1985 Wyo. LEXIS 618 (Wyo. 1985).

A stipulation setting forth the traditional plea bargaining practice in the municipal court of the city of Cheyenne was not sufficient to afford defendant standing to challenge the constitutionality of former subsection (h) (now (j)), on the alleged ground that it violated the separation of powers doctrine. Lacombe v. Cheyenne, 733 P.2d 601, 1987 Wyo. LEXIS 400 (Wyo. 1987).

Purpose and effect of section. —

See Moore v. State, 542 P.2d 109, 1975 Wyo. LEXIS 173 (Wyo. 1975).

No legal duty to arrest. —

District court properly dismissed wrongful death action against police officer who did not arrest an intoxicated motorist following a traffic stop; a police officer's decision to arrest is a discretionary function, not mandated by Wyoming statutes. McCoy v. Crook County Sheriff's Dep't, 987 P.2d 674, 1999 Wyo. LEXIS 146 (Wyo. 1999).

No arrest outside municipal boundaries, absent warrant. —

A municipal peace officer acting without a warrant may not lawfully arrest an individual DWUI outside of the boundaries of the municipality which he serves, unless such arrest is the result of fresh pursuit. State v. Stahl, 838 P.2d 1193, 1992 Wyo. LEXIS 147 (Wyo. 1992).

Officer must have probable cause. —

A peace officer may not arrest an individual for DWUI merely because it is late at night and, during an unrelated traffic stop, the officer detects the odor of alcohol. Rather, the peace officer must have probable cause to believe that the individual has actual physical control of a motorized vehicle while legally intoxicated. Keehn ex rel. Keehn v. Town of Torrington, 834 P.2d 112, 1992 Wyo. LEXIS 86 (Wyo. 1992).

Substantial evidence supported the Office of Administrative Hearings' (OAH) decision to uphold the suspension of the driver's license for failing to submit to chemical testing pursuant to Wyo. Stat. Ann. § 31-6-102 because: (1) the trooper stated that he saw the driver's vehicle cross over the center line and the fog line more than once; and (2) the OAH reviewed the DVD of the incident, which showed the vehicle drifting from one side of lane to the other more than once and therefore corroborated the trooper's statements, even though it did not depict clearly whether the vehicle crossed over the lines due to its poor quality and limited duration. Taken together, the trooper's report and the DVD constituted relevant evidence from which a reasonable mind could conclude that the trooper had probable cause to stop the vehicle for a traffic violation, namely driving under the influence or failing to drive within the lanes. Tiernan v. State, DOT, 2011 WY 143, 262 P.3d 561, 2011 Wyo. LEXIS 147 (Wyo. 2011), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Fact that evidence might have come forth after defendant's arrest, indicating defendant was in a diabetic ketoacidosis state, did not change the conclusion that an officer had probable cause at the time to believe defendant was driving in violation of Wyo. Stat. Ann. § 31-5-233(b); defendant was clocked at 96 miles per hour and had watery eyes, slurred speech, poor balance, and smelled like alcohol. Wyo. DOT v. State ex rel. DOT, 2012 WY 33, 271 P.3d 1003, 2012 Wyo. LEXIS 34 (Wyo. 2012), reh'g denied, 2012 Wyo. LEXIS 58 (Wyo. Apr. 3, 2012).

Deputy had probable cause to stop appellant for failing to drive within a single lane of traffic as his report stated that appellant's truck went across the centerline and the fog line before regaining a single lane of travel; the lane violations were also shown on a DVD. Because the deputy observed signs that appellant had been drinking alcohol and he failed sobriety tests, the deputy arrested appellant for driving while under the influence of alcohol; as a breath test that showed appellant had an alcohol concentration of 0.17%, more than two times the legal limit allowed for driving, his license was suspended. Espinoza v. State ex rel. Wyo. DOT, 2012 WY 101, 280 P.3d 1226, 2012 Wyo. LEXIS 107 (Wyo. 2012), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Probable cause for arrest for driving while under influence of alcohol exists where the officer initially detects excessive speed and erratic driving, then detects a strong odor of alcohol, where the driver's balance is unsteady, his face is flushed and his speech is slurred, and where the driver fails the field sobriety test. Vrooman v. State, 642 P.2d 782, 1982 Wyo. LEXIS 318 (Wyo. 1982).

A law enforcement officer had probable cause to arrest a motorist where the motorist broke a traffic law by moving into the oncoming lane, failed a sobriety test, had glassy eyes, smelled of alcohol, and admitted to drinking alcohol that evening. Nellis v. Wyoming DOT, 932 P.2d 741, 1997 Wyo. LEXIS 30 (Wyo. 1997).

In prosecution under section, proof of unsafe driving was not required, although such was competent evidence to be considered with all of the other evidence in determining whether the driver was under the influence of intoxicating liquor to a degree that he was incapable of safely driving. Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Driver, unconscious and intoxicated behind steering wheel, in “actual physical control” of vehicle. —

There was sufficient evidence to support the trial court's finding that the defendant, who was found unconscious and intoxicated behind the steering wheel of an off-the-road vehicle, with the lights off, the engine not running and the ignition key in the “off” position, was in “actual physical control” of his vehicle at the time of his arrest. Adams v. State, 697 P.2d 622, 1985 Wyo. LEXIS 469 (Wyo. 1985).

Evidence of alcohol ingestion necessary for DUI conviction. —

For a person to be convicted of driving under the influence of alcohol, there must be some evidence of ingestion of alcohol: poor performance in a field sobriety test, by itself, is not sufficient to support a conviction. Crum v. Rock Springs, 652 P.2d 27, 1982 Wyo. LEXIS 392 (Wyo. 1982).

But evidence of blood test is not required to prove that a person was under the influence of intoxicating liquor. Crum v. Rock Springs, 652 P.2d 27, 1982 Wyo. LEXIS 392 (Wyo. 1982).

Breath test procedures. —

After appellant performed poorly on the horizontal gaze nystagmus test and the walk and turn test, he was arrested for driving while under the influence of alcohol in violation of this section and his licence was suspended pursuant to Wyo. Stat. Ann. § 31-6-102(e); the hearing examiner's decision that the officer complied with the 15 minute observation period for admission of a chemical test was supported by the Operational Checklist showing appellant was observed for an eighteen-minute period before his breath sample was taken. Hwang v. State, 2011 WY 20, 247 P.3d 861, 2011 Wyo. LEXIS 22 (Wyo. 2011).

Implied consent law is exclusive means and required procedure to determine blood-alcohol level where a suspect is arrested and the law enforcement officer has probable cause to suspect a violation of this section. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985) (see chapter 6 of this title for implied consent law); Van Order v. State, 600 P.2d 1056, 1979 Wyo. LEXIS 463 (Wyo. 1979).

Statutory presumption of intoxication is not applicable to civil action for damages, as such an instruction is an improper comment on the evidence. Combined Ins. Co. v. Sinclair, 584 P.2d 1034, 1978 Wyo. LEXIS 229 (Wyo. 1978).

Use of section in connection with instruction to jury. —

See Goich v. State, 80 Wyo. 179, 339 P.2d 119, 1959 Wyo. LEXIS 27 (Wyo. 1959).

In prosecution for causing death while driving car at unreasonable speed, while intoxicated, and without having car under absolute control, instruction authorizing conviction, if deceased came to death by one or more of modes in which defendant drove automobile, was not erroneous. Thompson v. State, 41 Wyo. 72, 283 P. 151, 1929 Wyo. LEXIS 11 (Wyo. 1929).

Trial court properly refused instructions which unduly emphasized one aspect of evidence, i.e., that the odor of alcohol, or the manner in which the vehicle was driven, standing alone, was insufficient to convict. Ellifritz v. State, 704 P.2d 1300, 1985 Wyo. LEXIS 531 (Wyo. 1985).

Error to lower standard of required behavior. —

Where the defendant was convicted of aggravated homicide by vehicle, in violation of § 6-2-106(b), and where the trial court gave the instruction that the phrase in subsection (b)(ii)(A) “under the influence of intoxicating liquor” (now “alcohol”) means a condition, caused by the consumption of intoxicants, that makes a person “less able to exercise clear judgment,” the instruction incorrectly lowered the standard from “incapable of safely driving,” as specified in subsection (b)(ii), to “less able to exercise clear judgment” and it was error for the court to give the challenged instruction. Redland v. State, 766 P.2d 1173, 1989 Wyo. LEXIS 6 (Wyo. 1989).

Implied consent warnings adequate. —

In an administrative license suspension proceeding, the Office of Administrative Hearings and the district court correctly held that appellant was accurately advised of the consequences of refusing to submit to a chemical test under Wyo. Stat. Ann. § 31-6-102(a)(ii) upon her arrest for DUI; the officer's additional advisement that she could be prosecuted under a municipal ordinance for refusing to take a breath test did not trick appellant. The advisement given by the arresting officer was not misleading, even though appellant was not told that she faced the same minimum mandatory jail sentence under this section if she had a blood alcohol concentration over 0.15% as she did if she refused the chemical test. Walters v. State ex rel. Wyo. DOT, 2013 WY 59, 300 P.3d 879, 2013 Wyo. LEXIS 63 (Wyo. 2013).

Evidence sufficient to sustain conviction. —

Evidence supported defendant’s conviction for driving under the influence causing serious bodily injury because law enforcement officers testified that defendant drove erratically and at high speed, defendant’s blood tested positive for methamphetamine, a state trooper found a pipe in defendant’ truck which tested positive for the presence of methamphetamine residue, a forensic toxicologist testified about the typical effects of methamphetamine, and defendant crashed into a motorcyclist when attempting to pass around the motorcyclist. Nesius v. State, 2019 WY 129, 454 P.3d 927, 2019 Wyo. LEXIS 131 (Wyo. 2019).

See Lewallen v. State, 536 P.2d 148, 1975 Wyo. LEXIS 144 (Wyo. 1975); Bloomquist v. State, 914 P.2d 812, 1996 Wyo. LEXIS 55 (Wyo. 1996).

Defendant's motion to suppress was properly denied as the totality of the circumstances created a reasonable suspicion that defendant was committing a crime; the evidence was sufficient to convict defendant of DUI, Wyo. Stat. Ann. § 31-5-233(b)(iii)(A), as the State proved he drove the vehicle, was incapable of safely driving, and was under the influence of alcohol. Venegas v. State, 2012 WY 136, 287 P.3d 746, 2012 Wyo. LEXIS 143 (Wyo. 2012).

Defendant convicted despite stricken evidence that he refused to take sobriety test. —

The trial court did not commit prejudicial error in denying a motion for a mistrial when, in a trial to the court, questionable evidence as to the defendant's refusal to submit to a sobriety test was elicited and later stricken. There was sufficient evidence in the record absent this evidence for proper conviction of driving while under the influence, and therefore no error was committed. If error did occur, then the error was cured when the defendant also testified during his direct examination that he refused to take the test. Feeney v. State, 714 P.2d 1229, 1986 Wyo. LEXIS 493 (Wyo. 1986).

Evidence sufficient to sustain conviction without reliance on results of blood test. —

See Joelson v. State, 674 P.2d 229, 1984 Wyo. LEXIS 240 (Wyo. 1984).

Evidence that alcohol was ingested by the defendant and that his driving afterwards was erratic, rendering him incapable of safely operating a motor vehicle, was sufficient to support the charge of driving under the influence, although a blood test was not given. Walston v. State, 704 P.2d 696, 1985 Wyo. LEXIS 522 (Wyo. 1985).

Conviction of aggravated assault, DUI injury, constitutional. —

The prosecution and conviction of the defendant for aggravated assault and battery after he pled guilty to causing serious bodily injury to another as a result of driving while under the influence of intoxicating liquor did not violate the constitutional prohibition against double jeopardy, since each offense required proof of an element not necessary for proof of the other. Nowack v. State, 774 P.2d 561, 1989 Wyo. LEXIS 120 (Wyo. 1989).

Authority to suspend or revoke license. —

Drivers' licenses are not suspended at the time of conviction for driving while intoxicated by operation of law. The licenses are suspended or revoked by the division (now department). The principal objective of involving the courts in the suspension and revocation procedure is to obtain immediate surrender of the license, but the division is intended to perform the function of suspension or revocation. State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983) (decided prior to 1984 amendment).

Authority of BIA agents. —

Under the Wyoming Statutes, Bureau of Indian Affairs agents have the authority to compel the surrender or suspension of a person's Wyoming driver's license. Pogue v. Allison, 851 F. Supp. 1536, 1994 U.S. Dist. LEXIS 6234 (D. Wyo. 1994).

Driver's detention by Bureau of Indian Affairs (BIA) officers for driving while under the influence (DWUI) did not render his subsequent arrest by deputy sheriff unlawful because the driver could not have been arrested and prosecuted within the tribal court system as he was not a tribal member, and he could not have been arrested by the BIA officer and prosecuted within the federal system because the DWUI offense was a State offense, he was therefore subject to arrest and prosecution by the State. The BIA officer properly detained the driver for formal arrest by a state officer, and the deputy sheriff had the authority to enforce the DWUI and implied consent statutes. Colyer v. State, 2009 WY 43, 203 P.3d 1104, 2009 Wyo. LEXIS 43 (Wyo. 2009).

Authority of federal officer to administer breathalyzer test. —

Section 31-6-102 states that a breathalyzer test may be administered by a peace officer which is defined by § 7-2-101 to include various positions, all of which share one important common fact: they are state employees. However, if a federal officer is precluded from administering a breathalyzer test under § 31-6-102 to an individual who is arrested on federal property, then it stands to follow that no one could administer a breath test to that individual. This literal reading would lead to an absurd result; therefore, a federal airman officer could execute the breathalyzer test on federal property. United States v. Santiago, 846 F. Supp. 1486, 1994 U.S. Dist. LEXIS 2766 (D. Wyo. 1994).

Section deemed habitual criminal act. —

The statutory requirement that the sentence to be imposed by the court for driving while intoxicated be more severe as the number of prior convictions of the defendant increases makes the statute a habitual criminal act. Before the sentence of a defendant can be so enhanced, he must have notice of the fact that such is contemplated. Generally, the notice must be contained in the information or charge under which he is prosecuted. State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983).

But only convictions under this section can be counted as prior convictions. —

Neither prior convictions for driving while intoxicated under the laws of other states or under municipal ordinances of this state can be considered in connection with sentences or with suspension or revocation of drivers' licenses. Only convictions under this section can be counted as prior convictions for enhancement of sentences or for suspension and revocation of drivers' licenses. State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983).

Out-of-state convictions may be used for enhancement purposes. —

Wyoming's driving while under the influence enhancement provision does not restrict qualifying convictions to offenses that arise from violations of laws that are identical, or even substantially similar, to Wyoming's definition of driving while under the influence. The plain language of Wyoming's enhancement statute, in omitting any reference to the degree of intoxication required under another state's statute, does not limit qualifying convictions to those that arise under statutes which prohibit driving while under the influence in exactly the same fashion and to the same degree that Wyoming does. Spreeman v. State, 2012 WY 88, 278 P.3d 1159, 2012 Wyo. LEXIS 93 (Wyo. 2012).

Defendant's Michigan conviction for driving while visibly impaired under MCLS 257.625(3) could be used to enhance her Wyoming conviction for driving while under the influence (DWUI) to a felony, because Wyoming's enhancement statute omitted any reference to the degree of intoxication required under another state's statute and contained no requirement that a conviction for DWUI had to be received under a statute that was substantially similar. Spreeman v. State, 2012 WY 88, 278 P.3d 1159, 2012 Wyo. LEXIS 93 (Wyo. 2012).

Sentencing. —

Definitive event constituting a conviction may be any one of the events described in Wyo. Stat. Ann. § 31-7-102(a)(xi) (A-E). The statute provides fair warning to those who violate the driving while intoxicated or impaired statutes that such is the case. Robison v. State, 2011 WY 4, 246 P.3d 259, 2011 Wyo. LEXIS 7 (Wyo. 2011).

Definitive event constituting a conviction may be any one of the events described in Wyo. Stat. Ann. § 31-7-102(a)(xi) (A-E). The statute provides fair warning to those who violate the driving while intoxicated or impaired statutes that such is the case. Robison v. State, 2011 WY 4, 246 P.3d 259, 2011 Wyo. LEXIS 7 (Wyo. 2011).

While a 365-day sentence was clearly illegal as the maximum for defendant's third driving under the influence conviction was six months under Wyo. Stat. Ann. § 31-5-233(e), defendant had not yet served six months, the legal portion of his sentence, when he allegedly escaped. Thus, the prosecution on an escape charge under Wyo. Stat. Ann. § 6-5-206(a)(ii)(A) was acceptable. Crosby v. State, 2011 WY 44, 247 P.3d 876, 2011 Wyo. LEXIS 46 (Wyo. 2011).

Prior conviction was properly used for felony enhancement purposes, as the trial judge's plea colloquy for the prior conviction met the plea advisement requirements of W. Va. R. Crim. P. 11(b), including defendant's acknowledgement that he was not promised anything or coerced into pleading guilty, and defendant signed a statement of his constitutional rights, which, among other things, advised him of the right to counsel. Derrera v. State, 2014 WY 77, 327 P.3d 107, 2014 Wyo. LEXIS 81 (Wyo. 2014).

Double jeopardy. —

Driver's license suspensions under § 31-6-102 do not constitute punishment for purposes of double jeopardy, but are civil proceedings, separate and distinct from prosecutions for driving while under the influence. Glasrud v. City of Laramie, 934 P.2d 1242, 1997 Wyo. LEXIS 33 (Wyo. 1997).

Death caused by driving vehicle while so intoxicated driver incapable of driving safely. —

See Felske v. State, 706 P.2d 257, 1985 Wyo. LEXIS 558 (Wyo. 1985) (prosecution for aggravated vehicular homicide).

No jury trial right with respect to prior misdemeanor convictions. —

The Wyoming habitual criminal statutes do not by their terms encompass misdemeanor convictions for driving while under the influence of intoxicating liquor. With respect to such sentence enhancement proceedings under the state statute or a similar city ordinance, unless the statutory language so requires, a right to a jury trial with respect to the existence of prior convictions does not exist. Jaramillo v. Green River, 719 P.2d 655, 1986 Wyo. LEXIS 560 (Wyo. 1986).

Conditions under which suspension of imprisonment allowed. —

The plain language of subsection (e) allows suspension of imprisonment conditioned upon the defendant voluntarily completing an alcohol education or treatment program, for either first time or subsequent convictions. Norman v. State, 747 P.2d 520, 1987 Wyo. LEXIS 563 (Wyo. 1987), reh'g denied, 1988 Wyo. LEXIS 12 (Wyo. Jan. 12, 1988).

Sheriff could have owed a duty to have arrested intoxicated driver. —

Trial court erred in dismissing a wrongful death action brought by mother against sheriff and county, on behalf of her son who was killed by an intoxicated driver; after determining that the intoxicated driver immediately intended to drive to follow an ambulance to the hospital to be with an injured friend, the sheriff had a duty to do what an ordinarily prudent law enforcement officer would have done under like circumstances. Becker v. Mason, 2006 WY 143, 145 P.3d 1268, 2006 Wyo. LEXIS 155 (Wyo. 2006).

Trial court imposed an illegal sentence when it sentenced defendant to two six-month terms of incarceration on two DUI counts; because the statute described alternative means of committing the offense, the court should have entered only one conviction and sentence for DUI under Wyo. Stat. Ann. § 31-5-233(b). Stalcup v. State, 2013 WY 114, 311 P.3d 104, 2013 Wyo. LEXIS 117 (Wyo. 2013).

Evidence sufficient to sustain conviction.—

State’s evidence sufficiently supported its charge that defendant drove under the influence of alcohol (fourth or subsequent offense within ten years). The jury could have reasonably inferred that the evidence established defendant drank before he ran out of gas and pulled to the side of the road and that his blood alcohol content exceeded 0.08% at that time. Hyatt v. State, 2018 WY 84, 422 P.3d 524, 2018 Wyo. LEXIS 88 (Wyo. 2018).

Applied in

House v. Wyoming Hwy. Dep't, 66 Wyo. 1, 203 P.2d 962, 1949 Wyo. LEXIS 2 (1949); Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969); State v. Heberling, 553 P.2d 1043, 1976 Wyo. LEXIS 211 (Wyo. 1976); Norwood v. City of Sheridan, 593 P.2d 184, 1979 Wyo. LEXIS 341 (Wyo. 1979); Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980); Taylor v. State, 658 P.2d 1297, 1983 Wyo. LEXIS 287 (Wyo. 1983); Volz v. State, 707 P.2d 179, 1985 Wyo. LEXIS 581 (Wyo. 1985); Gomez v. State, 718 P.2d 53, 1986 Wyo. LEXIS 542 (Wyo. 1986); Keehn ex rel. Keehn v. Town of Torrington, 834 P.2d 112, 1992 Wyo. LEXIS 86 (Wyo. 1992); Glazier v. State, 843 P.2d 1200, 1992 Wyo. LEXIS 197 (Wyo. 1992); Stowe v. State, 2014 WY 97, 2014 Wyo. LEXIS 113 (Aug 1, 2014).

Quoted in

State v. Cantrell, 64 Wyo. 132, 186 P.2d 539, 1947 Wyo. LEXIS 26 (1947); Caton v. State, 709 P.2d 1260, 1985 Wyo. LEXIS 621 (Wyo. 1985); City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987); Gerstell v. State ex rel. Dep't of Revenue & Taxation, 769 P.2d 389, 1989 Wyo. LEXIS 54 (Wyo. 1989); Whitfield v. State, 781 P.2d 913, 1989 Wyo. LEXIS 215 (Wyo. 1989); Mascarenas v. State, 2013 WY 163, 315 P.3d 656, 2013 Wyo. LEXIS 169 , 2013 WL 6858581 (Dec 31, 2013); Marshall v. State, 2014 WY 168, 2014 Wyo. LEXIS 191 (Dec. 23, 2014).

Stated in

State v. Sodergren, 686 P.2d 521, 1984 Wyo. LEXIS 300 (Wyo. 1984); Small v. State, 689 P.2d 420, 1984 Wyo. LEXIS 342 (Wyo. 1984); Bell v. State, 693 P.2d 769, 1985 Wyo. LEXIS 425 (Wyo. 1985); Wheeler v. State, 705 P.2d 861, 1985 Wyo. LEXIS 557 (Wyo. 1985); Department of Revenue & Taxation v. Hamilton, 743 P.2d 877, 1987 Wyo. LEXIS 517 (Wyo. 1987); Drake v. State ex rel. Dep't of Revenue & Taxation, 751 P.2d 1319, 1988 Wyo. LEXIS 35 (Wyo. 1988); Hooten v. State, Dep't of Revenue & Taxation, 751 P.2d 1323, 1988 Wyo. LEXIS 34 (Wyo. 1988).

Cited in

Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (1950); Johnson v. State, 532 P.2d 598, 1975 Wyo. LEXIS 134 (Wyo. 1975); Thomas v. State, 562 P.2d 1287, 1977 Wyo. LEXIS 249 (Wyo. 1977); Stanton v. State, 692 P.2d 947, 1984 Wyo. LEXIS 355 (Wyo. 1984); Billis v. State, 800 P.2d 401, 1990 Wyo. LEXIS 119 (Wyo. 1990); Wilson v. State ex rel. Office of Hearing Exmr., 841 P.2d 90, 1992 Wyo. LEXIS 160 (Wyo. 1992); Wylie v. Wyoming DOT, 970 P.2d 395, 1998 Wyo. LEXIS 181 (Wyo. 1998); Farmer v. State, Dep't of Transp., 986 P.2d 165, 1999 Wyo. LEXIS 145 (Wyo. 1999); Jones v. State, 2002 WY 35, 41 P.3d 1247, 2002 Wyo. LEXIS 38 (Wyo. 2002); Wheaton v. State, 2003 WY 56, 68 P.3d 1167, 2003 Wyo. LEXIS 69 (Wyo. 2003); Whitney v. State, 2004 WY 118, 99 P.3d 457, 2004 Wyo. LEXIS 154 (2004); Peterson v. Wyo. DOT, 2007 WY 90, 158 P.3d 706, 2007 Wyo. LEXIS 98 ; Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Aug. 1, 2008); Kelley v. State, 2009 WY 3, 199 P.3d 521, 2009 Wyo. LEXIS 3 (Jan. 14, 2009); Endris v. State, 2010 WY 73, 233 P.3d 578, 2010 Wyo. LEXIS 76 (June 3, 2010); Harvey v. State, 2011 WY 72, 250 P.3d 167, 2011 Wyo. LEXIS 75 (Apr. 25, 2011); Dubbelde v. State ex rel. DOT, 2014 WY 63, 2014 Wyo. LEXIS 68 (May 15, 2014); Bd. of Prof'l Responsibility v. Haderlie, 2015 WY 90, 2015 Wyo. LEXIS 102 (July 2, 2015).

Law reviews. —

For article, “The Changing Structure of Criminal Sentencing,” see XVIII Land & Water L. Rev. 591 (1983).

For case note, “Torts — Injuries Arising From Negligence in Furnishing Liquor to Minors and Intoxicated Adults: New Tort Action in Wyoming. McClellan v. Tottenhoff, 666 P.2d 408, 1983 Wyo. LEXIS 341 (Wyo. 1983),” see XIX Land & Water L. Rev. 285 (1984).

For comment, “Filling in the Blanks after Prouse: A New Standard for the Drinking-Driving Roadblock,” see XX Land & Water L. Rev. 241 (1985).

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

For article, “An Essay on Wyoming Constitutional Interpretation,” see XXI Land & Water L. Rev. 527 (1986).

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Intoxication of person injured or killed, as affecting applicability of last clear chance doctrine, 26 ALR2d 308.

Admissibility of evidence showing plaintiff's antecedent intemperate habits in personal injury motor vehicle accident action, 46 ALR2d 103.

What is a “motor vehicle” within statutes making it an offense to drive while intoxicated, 66 ALR2d 1146.

Construction and application of statutes creating presumption or other inference of intoxication from specified percentages of alcohol present in system, 16 ALR3d 748.

Right to trial by jury in criminal prosecution for driving while intoxicated or similar offense, 16 ALR3d 1373.

Driving under the influence, or when addicted to the use, of drugs as criminal offense, 17 ALR3d 815.

Liability based on entrusting automobile to one who is intoxicated or known to be excessive user of intoxicants, 19 ALR3d 1175.

Applicability, to operation of motor vehicle on private property, of legislation making drunken driving a criminal offense, 29 ALR3d 938.

Admissibility in criminal case of blood alcohol test where blood was taken from unconscious driver, 72 ALR3d 325.

What amounts to violation of drunken driving statute in officer's “presence” or “view” so as to permit warrantless arrest, 74 ALR3d 1138.

What constitutes driving, operating or being in control of motor vehicle for purposes of driving while intoxicated statute or ordinance, 93 ALR3d 7.

Duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law, 95 ALR3d 710.

Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods, 96 ALR3d 745.

Denial of accused's request for initial contact with attorney — drunk driving cases, 18 ALR4th 705.

Destruction of ampoule used in alcohol breath test as warranting suppression of result of test, 19 ALR4th 509.

Failure to restrain drunk driver as ground of liability of state or local government unit or officer, 48 ALR4th 320.

Validity, construction and application of statutes directly proscribing driving with blood-alcohol level in excess of established percentage, 54 ALR4th 149.

Snowmobile operation as DWI or DUI, 56 ALR4th 1092.

Horizontal gaze nystagmus test: use in impaired driving prosecution, 60 ALR4th 1129.

Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 ALR4th 16.

Tort liability of college or university for injury suffered by student as a result of own or fellow student's intoxication, 62 ALR4th 81.

Passenger's liability to vehicular accident victim for harm caused by intoxicated motor vehicle driver, 64 ALR4th 272.

Driving while intoxicated: “choice of evils” defense that driving was necessary to protect life or property, 64 ALR4th 298.

Cough medicine as “intoxicating liquor” under DUI statute, 65 ALR4th 1238.

Horseback riding or operation of horse-drawn vehicle as within drunk driving statute, 71 ALR4th 1129.

Operation of bicycle as within drunk driving statute, 73 ALR4th 1139.

Validity, construction, and application of state or local law prohibiting maintenance of vehicle for purpose of keeping or selling controlled substances, 31 ALR5th 760.

Operation of mopeds and motorized recreational two-, three- and four-wheeled vehicles as within scope of driving while intoxicated statutes, 32 ALR5th 659.

Intoxication of automobile driver as basis for awarding punitive damages, 33 ALR5th 303.

Products liability: recovery for injury or death resulting from intentional inhalation of product's fumes or vapors to produce intoxicating or similar effect, 50 ALR5th 275.

Applicability, to operation of motor vehicle on private property, of legislation making drunken driving a criminal offense, 52 ALR5th 655.

Validity, construction, and application of statute permitting forfeiture of motor vehicle for operating while intoxicated, 89 ALR5th 539.

Vertical gaze nystagmus test: Use in impaired driving prosecution, 117 ALR5th 491.

Admissibility and sufficiency of extrapolation evidence in DUI prosecutions, 119 ALR5th 379.

Assimilation, under Assimilative Crimes Act (18 U.S.C. § 13), of state statutes relating to driving while intoxicated or under influence of alcohol, 175 ALR Fed 293.

§ 31-5-234. Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty.

1. As used in this section:
   1. “Alcohol concentration” means:
      1. The number of grams of alcohol per one hundred (100) milliliters of blood;
      2. The number of grams of alcohol per two hundred ten (210) liters of breath; or
      3. The number of grams of alcohol per seventy-five (75) milliliters of urine.
   2. “Driver’s license” means as defined by W.S. 31-7-102(a)(xxv) and includes nonresident operating privileges as defined by W.S. 31-7-102(a)(xxx);
   3. “Peace officer” means as defined by W.S. 7-2-101(a)(iv)(A), (B) and (G);
   4. “Conviction” means as defined by W.S. 31-7-102(a)(xi).
2. A person younger than twenty-one (21) years of age shall not operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more nor operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop.
3. Repealed by Laws 2002, ch. 93, § 2.
4. When a peace officer has probable cause to believe that a person may be violating or has violated subsection (b) of this section, the peace officer may require that the person submit to a chemical test or tests to be administered in compliance with W.S. 31-6-108 . Prosecution for a violation of this section is a bar to prosecution under W.S. 12-6-101(b) or any similar municipal ordinance.
5. A person convicted of violating this section shall be guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00). A person convicted of violating this section a second time within one (1) year of the first conviction is guilty of a misdemeanor punishable by imprisonment for not more than one (1) month, a fine of not more than seven hundred fifty dollars ($750.00), or both. A person convicted of a third or subsequent conviction under this section within two (2) years shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. The court may order the person to undergo a substance abuse assessment and complete any recommended treatment for any conviction under this section as a condition of probation. Notwithstanding any other provision of law, the term of probation imposed by a judge under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall in no case exceed three (3) years.
6. A person convicted under this section or other law prohibiting driving while under the influence as defined in W.S. 31-5-233 (a)(v) shall, in addition to the penalty imposed in subsection (e) of this section:
   1. Have his driver’s license denied or suspended pursuant to W.S. 31-7-128(h). The court shall forward a copy of the conviction to the department;
   2. For a first conviction where the department’s administrative action indicates the person had an alcohol concentration of fifteen one-hundredths of one percent (0.15%) or more, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404 , for a period of six (6) months. For purposes of this paragraph, the department’s administrative action shall be deemed to indicate a person had an alcohol concentration of fifteen one-hundredths of one percent (0.15%) or more only after the person is notified of and given the opportunity to pursue the administrative procedures provided by W.S. 31-7-105 ;
   3. For a second conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404 , for a period of one (1) year;
   4. For a third conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404, for a period of two (2) years;
   5. For a fourth or subsequent conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31-7-401 through 31-7-404, for the remainder of the offender’s life, except five (5) years from the date of conviction and every five (5) years thereafter, the offender may apply to the court for removal of the ignition interlock device required by this paragraph. The court may, for good cause shown, remove the ignition interlock device requirement if the offender has not been subsequently convicted of driving a motor vehicle in violation of this section, W.S. 31-5-233 or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).
7. The court may, upon pronouncement of any jail sentence under subsection (e) of this section, provide in the sentence that the defendant may be permitted, if he is employed or enrolled in school and can continue his employment or education, to continue such employment or education for not more than the time necessary as certified by his employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment or education and a reasonable time to travel to and from his place of employment or school. Unless the defendant is indigent, the court shall require him as a condition of special treatment under this subsection to pay a reasonable amount for room and board as determined by the sheriff.
8. Chemical analysis of a person’s blood, breath or urine to determine alcohol concentration or controlled substance content shall be performed in accordance with W.S. 31-6-105(a).

History. Laws 1998, ch. 102, § 1; 2002 Sp. Sess., ch. 93, §§ 1, 2; 2003, ch. 202, § 1; 2009, ch. 160, § 1; 2010, ch. 5, § 1; 2011, ch. 39, § 1; ch. 178, § 1.

The 2009 amendment, effective July 1, 2009, in (f), substituted “other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v)” for “a municipal ordinance which substantially conforms to the provisions of this section”; designated the existing provisions beginning with “Have his driver’s license denied” as (f)(i); and added (f)(ii) through (f)(v).

The 2010 amendment, effective July 1, 2010, inserted “nor operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop” in (b).

The 2011 amendments. —

The first amendment, by Laws 2011, ch. 39, § 1, effective July 1, 2011, in (f)(ii), substituted “department's administrative action indicates the person had” for “conviction is based on the person having,” deleted “from the date of conviction” at the end of the first sentence, and added the second sentence; and deleted “from the date of conviction” at the end of (f)(iii) and (f)(iv).

The second amendment, by Laws 2011, ch. 178, § 1, effective July 1, 2011, in (d), substituted “require” for “request.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Cited in

Wyoming DOT v. Haglund, 982 P.2d 699, 1999 Wyo. LEXIS 96 (Wyo. 1999).

§ 31-5-235. Consumption and possession of alcoholic beverages in opened containers by operator of vehicle prohibited; definitions; penalty.

1. As used in this section;
   1. “Alcoholic beverage” means alcoholic liquor or malt beverage as defined in W.S. 12-1-101(a)(i), (vii) and (x);
   2. “Recreational vehicle” means a self-propelled motor vehicle designed primarily with living quarters for recreational, camping, vacation or travel use but excludes any vehicle that does not have plumbing and an electrical system that operates above twelve (12) volts.
2. No person shall consume, transport or possess any alcoholic beverage in a motor vehicle while the motor vehicle is in motion on a public street or public highway unless the beverage is:
   1. In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed. Notwithstanding this section, a resealed bottle of wine may be transported as provided in W.S. 12-4-410(e);
   2. In the trunk or any other outside compartment of the vehicle that is not readily accessible to any person in the vehicle while the vehicle is in motion;
   3. In the unoccupied back of a pickup truck out of reach of the driver even though access is available through a window;
   4. In an unoccupied rear compartment of a vehicle not equipped with a trunk or other outside compartment and the rear compartment is not readily accessible to the driver and not normally occupied by passengers while the vehicle is in motion; or
   5. Secured in a cabinet or compartment of a recreational vehicle, and the cabinet or compartment is not readily accessible to the driver while the recreational vehicle is in motion. The alcoholic beverage shall remain secured and shall not be accessed by the driver or any passenger at any time the vehicle is in motion.
3. Any person violating the provisions of this section shall:
   1. For a first conviction or a subsequent conviction not occurring within one (1) year after the first conviction, be punished by a fine of not more than two hundred dollars ($200.00);
   2. For a second conviction within one (1) year after the first conviction, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both;
   3. For a third or subsequent conviction within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.
4. This section shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of passengers for compensation. The driver of any vehicle under this subsection is prohibited from consuming or having an alcoholic beverage within the driver’s zone of control.
5. This section shall not apply within the boundaries of any incorporated municipality that has adopted an ordinance prohibiting transportation or possession of any open container of an alcoholic beverage in a vehicle on a public street or public highway.

History. Laws 2001, ch. 149, § 1; 2005, ch. 92, § 1; 2007, ch. 138, § 1.

The 2005 amendment, effective July 1, 2005, added the last sentence in (b).

The 2007 amendment, effective July 1, 2007, in (a) added (a)(ii) and designated remaining paragraphs accordingly; in (b) inserted “, transport” following “No person shall consume”, substituted “in” for “while operating”, inserted “while the motor vehicle is in motion” and inserted (b)(i) designation and designated remaining paragraphs accordingly; added (d) and (e).

Cited in

Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Aug. 1, 2008).

§ 31-5-236. Careless driving.

Any person who drives any vehicle in a manner inconsistent with the exercise of due and diligent care normally exercised by a reasonably prudent person under similar circumstances and where such operation of a motor vehicle creates an unreasonable risk of harm to other persons or property is guilty of careless driving.

History. Laws 2009, ch. 69, § 1.

Effective dates. —

Laws 2009, ch. 69, § 3, makes the act effective July 1, 2009.

§ 31-5-237. Use of handheld electronic wireless communication devices for electronic messaging prohibited; exceptions; penalties.

1. No person shall operate a motor vehicle on a public street or highway while using a handheld electronic wireless communication device to write, send or read a text-based communication. This section shall not apply to a person who is using a handheld electronic wireless communication device:
   1. While the vehicle is lawfully parked;
   2. To contact an emergency response vehicle;
   3. To write, read, select or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
   4. When using voice operated or hands free technology.
2. This section shall not apply to a person operating an emergency response vehicle while making communications necessary to the performance of his official duties as an emergency responder.
3. Any person who operates a motor vehicle in violation of this section is guilty of a misdemeanor punishable by a fine of not more than seventy-five dollars ($75.00).
4. As used in this section:
   1. “Electronic wireless communication device” means a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
   2. “Emergency response vehicle” means any ambulance, fire department, law enforcement or civil defense vehicle or other vehicle used primarily for emergency purposes;
   3. “Voice operated or hands free technology” means technology that allows a user to write, send or read a text based communication without the use of either hand except to activate, deactivate or initiate a feature or function;
   4. “Write, send or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using text-based communication including, but not limited to, communications referred to as a text message, instant message or electronic mail.

History. Laws 2010, ch. 105, § 1.

Effective date. —

Laws 2010, ch. 105, § 2, makes the act effective July 1, 2010.

§ 31-5-301. Maximum speed limits.

1. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
2. Except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, subject to W.S. 31-5-203(b), the limits specified in this subsection or established as otherwise authorized shall be maximum lawful speeds and no person shall drive a vehicle on a highway at a speed in excess of maximum limits:
   1. Twenty (20) miles per hour when passing a school building, the grounds thereof, within any other area or space in the vicinity of a school designated by an official traffic control device as a school zone with a reduced speed limit or a school crossing if appropriate signs giving notice of a reduced speed limit are erected;
   2. Thirty (30) miles per hour in any urban district and in any residence district or subdivision except on roads that have been designated a private road pursuant to W.S. 18-5-306(a)(vii);
   3. Except as provided under paragraph (vi) of this subsection, seventy-five (75) miles per hour on interstate highways. Nothing in this paragraph shall be construed to:
      1. Affect the authority of the superintendent to otherwise designate lower or higher maximum speed limits on interstate highways in accordance with other laws; or
      2. Authorize noncompliance with posted speed limits on interstate highways.
   4. For all other  locations for which a maximum speed limit  is not specified under this subsection, sixty-five (65)  miles per hour where the roadway is paved and fifty-five (55) miles  per hour where the roadway is unpaved;
   5. Repealed by Laws 1997, ch. 61, § 2.
   6. Notwithstanding paragraph (iii) of this subsection, eighty (80) miles per hour on interstate highways designated by the superintendent;
   7. Seventy (70) miles per hour on state highways, as defined  in W.S. 31-18-101(a)(xvii), that are not interstate highways, as defined in W.S. 31-18-801(a)(xvi).
3. Subject to W.S. 31-5-203(b), the maximum speed limits set forth in this section may be altered as authorized in W.S. 31-5-302 and 31-5-303 .
4. Speeding violations of up to eighty (80) miles per hour where the posted speed limit is at least sixty-five (65) miles per hour but not more than seventy-five (75) miles per hour, or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except violations for exceeding the speed limit in a school zone, or construction zone, and violations received while operating a commercial motor vehicle as defined by W.S. 31-7-102(a)(viii), shall not be made a part of the abstracts or records kept by the department of transportation pursuant to W.S. 31-5-1214 or 31-7-120 .

History. Laws 1955, ch. 225, § 36; C.S. 1945, § 60-636; W.S. 1957, § 31-130; Laws 1959, ch. 55, § 1; 1963, ch. 33, § 1; 1967, ch. 213, § 1; 1969, ch. 18, § 1; 1973, ch. 194, § 2; 1976, ch. 23, § 1; 1984, ch. 48, § 1; 1985, ch. 160, § 1; 1987, Sp. Sess, ch. 4, § 1; 1991, ch. 168, § 1; 1997, ch. 61, §§ 1, 2; 2002 Sp. Sess., ch. 68, § 1; 2004, ch. 64, § 1; 2007, ch. 192, § 1; 2011, ch. 32, § 1; 2012, ch. 70, § 1; 2014, ch. 49, § 1; 2015, ch. 139, § 1; ch. 109, § 1; 2016, ch. 114, § 1.

The 2004 amendment, effective July 1, 2004, substituted “where the posted speed limit is at least sixty-five (65) miles per hour, or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except violations for exceeding the speed limit in a school zone, or construction zone, and violations” for “under W.S. 31-5-301(b)(iii) or up to seventy (70) miles per hour under W.S. 31-5-301(b)(iv), except violations” in (d).

The 2007 amendment, effective July 1, 2007, in (b)(i) deleted “or” following “passing a school building,”, inserted “within any other area or space in the vicinity of a school designated by an official traffic control device as a school zone with a reduced speed limit” preceding “or a school crossing” and substituted “a reduced speed” for “that” preceding “limit are erected.”

The 2011 amendment, effective July 1, 2011, in (b)(ii), inserted “and in any residence district or subdivision except on roads that have been designated a private road pursuant to W.S. 18-5-306(a)(vii)”; and in (b)(iv), inserted “For all other locations,” and substituted “where the roadway is paved and fifty-five (55) miles per hour where the roadway is unpaved” for “in other locations.”

The 2012 amendment, effective July 1, 2012, inserted “subject to W.S. 31-5-203(b)” in (b) and (c).

The 2014 amendment, effective July 1, 2014, in (b)(iii)(A), inserted “or higher”, deleted “except as provided for in W.S. 31-5-303(b)”; and in (d), inserted “but not more than seventy-five (75) miles per hour.”

The 2015 amendments. — The first 2015 amendment by ch. 109, § 1, effective July 1, 2015, in the introductory language of (b)(iii), added the exception; added (b)(vi); and made a related change.

The second 2015 amendment by ch. 139, § 1, in (b)(iii), added the exception at the beginning; in (b)(iv), added the last sentence; added (vi); and made related changes.

Laws 2015, ch. 139, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment, inserted, in (b)(iv), “for which a maximum speed limit is not specified under this subsection” in the first sentence and deleted “However, the superintendent may designate higher maximum speed limits on paved roadways pursuant to W.S. 31-5-302 ” at the end; added (b)(vii); and made a stylistic change.

Laws 2016 ch. 114, § 3, makes the act effective upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 15, 2016.

Speed alone does not establish liability for negligence. —

Excessive speed in operation of an automobile does not alone establish liability as the proximate cause of an accident, unless it is shown that the accident could have been avoided in the absence of such speed. O'Malley v. Eagan, 43 Wyo. 233, 2 P.2d 1063, 1931 Wyo. LEXIS 19 (Wyo.), reh'g denied, 43 Wyo. 350, 5 P.2d 276, 1931 Wyo. LEXIS 34 (Wyo. 1931).

The speed of a vehicle is not in and of itself material on a question of negligence, the question being whether the speed was dangerous under all circumstances. Anderson v. Schulz, 527 P.2d 151, 1974 Wyo. LEXIS 238 (Wyo. 1974).

Nor does absence of speeding show no negligence. —

A driver cannot escape blame for negligence by the mere showing that he was not exceeding the maximum legal speed limit at the time of the accident. Anderson v. Schulz, 527 P.2d 151, 1974 Wyo. LEXIS 238 (Wyo. 1974).

Speeding not necessarily criminal carelessness. —

Driving a car at a speed that is unreasonable or such that is likely to endanger life or limb is not necessarily criminal carelessness, within the provisions of § 6-2-105 (manslaughter). State v. McComb, 33 Wyo. 346, 239 P. 526, 1925 Wyo. LEXIS 41 (Wyo. 1925).

Violation of provisions evidence of reckless intent. —

Evidence that the defendant violated §§ 31-5-115(f), (g) and (j), 31-5-203(a)(i), and 31-5-210(a) and this section could form a basis for the conclusion that the defendant was driving in a manner that he knew, or should have known, was highly dangerous to others and that he did so intentionally, or heedlessly, with a careless indifference to the consequences. Harvey v. State, 596 P.2d 1386, 1979 Wyo. LEXIS 428 (Wyo. 1979).

Traveler with automobile on highway is bound to exercise reasonable care. Gamet v. Beazley, 62 Wyo. 1, 159 P.2d 916, 1945 Wyo. LEXIS 24 (Wyo. 1945).

Speed, control, and duty to maintain adequate lookout are interrelated. As speed increases, the duty to be alert and have one's automobile under adequate control increases. Anderson v. Schulz, 527 P.2d 151, 1974 Wyo. LEXIS 238 (Wyo. 1974).

Other motorist's negligence does not mean speeder not negligent. —

From the fact that a motorist is negligent in failing to see an approaching truck, it does not follow that the truck driver is not negligent in not operating his truck at a reasonable and proper speed. Pierce v. Bean, 57 Wyo. 189, 115 P.2d 660, 1941 Wyo. LEXIS 28 (Wyo. 1941).

Question of fact as to negligence. —

The driving of a car on an icy road at speeds of 40 to 45 miles per hour presents a question of fact as to negligence when it skids to the side of the highway. Zanetti Bus Lines, Inc. v. Hurd, 320 F.2d 123, 1963 U.S. App. LEXIS 4570 (10th Cir. Wyo. 1963).

Instruction held not erroneous. —

In prosecution for causing death while driving car at unreasonable speed, while intoxicated, and without having car under absolute control, instruction authorizing conviction, if deceased came to death by one or more of modes in which defendant drove automobile, was not erroneous. Thompson v. State, 41 Wyo. 72, 283 P. 151, 1929 Wyo. LEXIS 11 (Wyo. 1929).

Evidence supported finding that defendant was negligent in driving car at excessive speed. —

See Oviatt v. Hohnholtz, 43 Wyo. 174, 299 P. 1037, 1931 Wyo. LEXIS 15 (Wyo. 1931).

Applied in

Dr. Pepper Co. v. Heiman, 374 P.2d 206, 1962 Wyo. LEXIS 101 (Wyo. 1962); Krahn v. Pierce, 485 P.2d 1021, 1971 Wyo. LEXIS 223 (Wyo. 1971); State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983).

Quoted in

Runnion v. Kitts, 531 P.2d 1307, 1975 Wyo. LEXIS 131 (Wyo. 1975); State Dep't of Revenue & Taxation v. Guadagnoli, 677 P.2d 823, 1984 Wyo. LEXIS 262 (Wyo. 1984); Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Stated in

Norfolk v. State, 360 P.2d 605, 1961 Wyo. LEXIS 86 (Wyo. 1961).

Cited in

Colwell v. Anderson, 438 P.2d 448, 1968 Wyo. LEXIS 160 (Wyo. 1968); Dawson v. City of Casper, 731 P.2d 1186, 1987 Wyo. LEXIS 389 (Wyo. 1987); Billis v. State, 800 P.2d 401, 1990 Wyo. LEXIS 119 (Wyo. 1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Presumption and burden of proof of accuracy of scientific and mechanical instruments for measuring speed, temperature, time and the like, 21 ALR2d 1200.

Meaning of “resident's district,” “business district,” “school area” and the like in statutes and ordinances regulating speed of motor vehicles, 50 ALR2d 343.

Admissibility and probative effect of testimony that motor vehicle was going “fast” or the like, 92 ALR2d 1391.

Speed, alone or in connection with other circumstances, as gross negligence, wantonness, recklessness or the like under automobile guest statute, 6 ALR3d 769.

Indefiniteness of automobile speed regulations as affecting validity, 6 ALR3d 1326.

Admissibility, in automobile negligence action, of charts showing braking distance, reaction times, etc., 9 ALR3d 976.

Speeding prosecution based on observation from aircraft, 27 ALR3d 1446.

Opinion testimony as to speed of motor vehicle based on skid marks and other facts, 29 ALR3d 248.

Competency of nonexpert's testimony based on sound alone as to speed of motor vehicle involved in accident, 33 ALR3d 1405.

Proof, by radar or other mechanical or electronic devices, of violation of speed regulations, 47 ALR3d 822.

Liability of public authority for injury arising out of automobile race conducted on street or highway, 80 ALR3d 1192.

Possession or operation of device for detecting or avoiding traffic radar as criminal offense, 17 ALR4th 1334.

Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam, 32 ALR4th 933.

§ 31-5-302. Establishment of specific maximum speed limits by superintendent.

Whenever the superintendent determines upon the basis of an engineering and traffic investigation, or in the event of a vehicle or weather emergency, that a maximum speed greater or less than that authorized herein is safe and reasonable under the conditions found to exist at any intersection or other place or upon any part of the state highway system, the superintendent, except as provided for in W.S. 31-5-303(b), may determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected and which shall not exceed eighty (80) miles per hour on interstate highways. The maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the signs and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. This section does not grant power to the superintendent to declare statewide or countywide maximum speed limits but grants power to declare maximum speed limits for the public safety in localized geographic areas.

History. Laws 1955, ch. 225, § 37; C.S. 1945, § 60-637; W.S. 1957, § 31-131; Laws 1959, ch. 55, § 2; 1967, ch. 213, § 2; 1976, ch. 23, §§ 1, 2; 1984, ch. 48, § 1; 2002 Sp. Sess., ch. 68, § 1; 2007, ch. 122, § 1; 2014, ch. 49, § 1; 2015, ch. 139, § 1; 2016, ch. 114, § 1.

The 2007 amendment, effective July 1, 2007, inserted “, or in the event of a vehicle or weather emergency,” preceding “that a maximum speed.”

The 2014 amendment, effective July 1, 2014, in the first sentence, deleted “required for”, “vehicle operation”, and inserted “and which shall not exceed eighty (80) miles per hour on interstate highways.”

The 2015 amendment, added “or seventy (70) miles per hour on state highways, as defined in W.S. 31-18-101(a)(xvii), that are not interstate highways, as defined in W.S. 31-18-801(a)(xvi)” at the end of the first sentence.

Laws 2015, ch. 138, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2016 amendment, deleted “or seventy (70) miles per hour on state highways, as defined in W.S. 31-18-101(a)(xvii), that are not interstate highways, as defined in W.S. 31-18-801(a)(xvi)” following “highways” and made a stylistic change.

Laws 2016 ch. 114, § 3, makes the act effective upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 15, 2016.

Alteration of speed limits not required. —

Speed limits which are set pursuant to this section or § 31-5-303 need not be “altered” from the 55-mile-per-hour (now 75-mile-per-hour) limit, as permitted under § 31-5-301(c): the clear language of these sections connotes the authority to establish safe maximum speed limits which conceptually are not “altered” from the 55-mile-per-hour (now 75-mile-per-hour) limit set forth in § 31-5-301(b)(iii). State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983).

§ 31-5-303. Establishing maximum speed limits by local authorities.

1. Repealed by Laws 2002, Sp. Sess., ch. 68, § 2.
2. In compliance with rules promulgated by the department, local authorities in their respective jurisdictions may determine the proper maximum speed for all streets and highways within their respective corporate jurisdiction which maximum speed is reasonable and safe and which may be greater or less than the maximum speed permitted under this act. The rules promulgated by the department shall adopt standards consistent with national practices.
3. Any altered limit established under this section shall be effective during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon the street or highway.
4. Any alteration of maximum limits on state highways or extensions thereof in a municipality by local authorities is not effective until the alteration has been approved by the superintendent.
5. Not more than six (6) alterations authorized under this section shall be made per mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than fifteen (15) miles per hour.

History. Laws 1955, ch. 225, § 38; C.S. 1945, § 60-638; W.S. 1957, § 31-132; Laws 1959, ch. 55, § 3; 1967, ch. 213, § 3; 1984, ch. 48, § 1; 1989, ch. 4, § 1; 2002 Sp. Sess., ch. 68, §§ 1, 2; 2011, ch. 32, § 1.

The 2011 amendment, effective July 1, 2011, in (b), substituted the first sentence for the former first sentence which read: “Local authorities in their respective jurisdictions shall determine by an engineering and a traffic investigation the proper maximum speed for all streets and highways within their city limits under their corporate jurisdiction and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this act for an urban district,” and inserted the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 31-5-102(a)(lix).

Alteration of speed limits not required. —

Speed limits which are set pursuant to this section or § 31-5-302 need not be “altered” from a 55-mile-per-hour (now 75-mile-per-hour) limit, as permitted under § 31-5-301(c): the clear language of these sections connotes the authority to establish safe maximum speed limits which conceptually are not “altered” from the 55-mile-per-hour (now 75-mile-per-hour) limit set forth in § 31-5-301(b)(iii). State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983).

§ 31-5-304. Minimum speed limits.

1. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
2. Whenever the superintendent determines on the basis of an engineering and a traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the superintendent may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law and that limit is effective when posted upon appropriate fixed or variable signs. A local authority may make the determination permitted under this subsection by complying with rules adopted by the department for this purpose, which rules shall adopt standards consistent with national practices.
3. Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, no person shall operate a vehicle in the extreme left-hand lane of a controlled-access highway for a prolonged period in a manner which impedes the flow of other traffic traveling at a lawful rate of speed.

History. Laws 1955, ch. 225, § 39; C.S. 1945, § 60-639; W.S. 1957, § 31-133; Laws 1984, ch. 48, § 1; 2002 Sp. Sess., ch. 68, § 1; 2005, ch. 44, § 1; 2011, ch. 32, § 1.

The 2005 amendment, effective July 1, 2005, added (c).

The 2011 amendment, effective July 1, 2011, in (b), substituted “determines” for “or local authorities within their respective jurisdictions determine,” deleted “or local authority” preceding “may determine,” and added the last sentence.

Section inapplicable to truck working upon highway. —

This section is not applicable to a highway truck when conditions on the highway are far from normal and the truck is actually engaged in work upon the surface of the highway. Price v. State Highway Comm'n, 62 Wyo. 385, 167 P.2d 309, 1946 Wyo. LEXIS 9 (Wyo. 1946).

Driver not required to anticipate violation of section. —

A driver driving a car at 50 miles an hour over the crest of a hill on an open road at dawn is not required to anticipate that anyone will be driving a car at a slow rate of speed in violation of this section. Templar v. Tongate, 71 Wyo. 148, 255 P.2d 223, 1953 Wyo. LEXIS 11 (Wyo. 1953).

Quoted in

Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Application and effect, in civil motor vehicle accident case, of “slow speed” traffic statute prohibiting driving at such a slow speed as to create danger, to impede normal traffic movement or the like, 66 ALR2d 1194.

§ 31-5-305. Special speed limit at bridges and other elevated structures.

1. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure when the structure is signposted as provided in this section.
2. The superintendent and local authorities on highways under their respective jurisdictions may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if he or they find that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this act, the superintendent or local authorities shall determine and declare the maximum speed of vehicles which the structure can safely withstand and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the structure.
3. Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the superintendent and the existence of the signs constitutes conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.

History. Laws 1955, ch. 225, § 41; C.S. 1945, § 60-641; W.S. 1957, § 31-135; W.S. 1977, § 31-5-306 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 31-5-102(a)(lix).

§ 31-5-306. Charging violations; burden of proving proximate cause.

1. In every charge of violation of any speed regulation in this act except a charge under W.S. 31-5-301(a) the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.
2. The provision of this act declaring maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

History. Laws 1955, ch. 225, § 42; C.S. 1945, § 60-642; W.S. 1957, § 31-136; Laws 1959, ch. 55, § 6; W.S. 1977, § 31-5-307; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in both subsections, see § 31-5-102(a)(lix).

§ 31-5-401. Duty of local authorities to place and maintain.

Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon highways under their jurisdiction as they deem necessary to indicate and to carry out the provisions of this act or local traffic ordinances or to regulate, warn or guide traffic. All traffic-control devices hereafter erected shall conform to the state manual and specifications.

History. Laws 1955, ch. 225, § 13; C.S. 1945, § 60-613; W.S. 1957, § 31-137; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-5-102(a)(lix).

Applied in

Fanning v. City of Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

§ 31-5-402. Obedience to devices; exceptions.

1. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with this act unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this act.
2. No provision of this act for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, the section is effective even though no signs are erected or in place.
3. Whenever official traffic-control devices are placed or held in position approximately conforming to the requirements of this act, the devices are presumed to have been so placed or held by the official act or direction of lawful authority unless the contrary is established by competent evidence.
4. Any official traffic-control device placed or held pursuant to the provisions of this act and purporting to conform to the lawful requirements pertaining to the devices is presumed to comply with the requirements of this act unless the contrary is established by competent evidence.

History. Laws 1955, ch. 225, § 14; C.S. 1945, § 60-614; W.S. 1957, § 31-138; Laws 1984, ch. 48, § 1.

Cross references. —

As to exemptions granted to authorized emergency vehicles, see § 31-5-106 .

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-5-102(a)(lix).

§ 31-5-403. Signal legend generally.

1. Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one (1) at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a symbol or word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
   1. Green indication:
      1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign prohibits either turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited;
      2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other indicators shown at the same time. The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection;
      3. Unless otherwise directed by a pedestrian-control signal, as provided by W.S. 31-5-404 , pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
   2. Steady yellow indication:
      1. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter;
      2. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided by W.S. 31-5-404 , are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
   3. Steady red indication:
      1. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subparagraph (C) of this paragraph;
      2. Vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication permitting the movement indicated by the red arrow is shown except as provided by subparagraph (C) of this paragraph;
      3. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street after stopping as required by subparagraphs (A) and (B) of this paragraph. The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection;
      4. Unless otherwise directed by a pedestrian-control signal as provided by W.S. 31-5-404, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.
2. If an official traffic-control signal is erected and maintained at a place other than an intersection, this section is applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal.

History. Laws 1955, ch. 225, § 15; C.S. 1945, § 60-615; W.S. 1957, § 31-139; Laws 1967, ch. 33, § 1; 1977, ch. 4, § 1; 1984, ch. 48, § 1.

Bicycles. —

Although bicyclists must generally obey laws governing vehicles, a trial court improperly instructed a jury by not allowing counsel to argue that a bicyclist was legally in a crosswalk at the time of the collision with a motorist, and the trial court erred in instructing the jury that the cyclist was illegally in crosswalk. Nish v. Schaefer, 2006 WY 85, 138 P.3d 1134, 2006 Wyo. LEXIS 89 (Wyo. 2006).

Cited in

Bagley v. Watson, 478 P.2d 595, 1971 Wyo. LEXIS 187 (Wyo. 1971).

§ 31-5-404. Pedestrian-control signals.

1. Whenever special pedestrian-control signals exhibiting the symbols or words “Walk” or “Don’t Walk” are in place the signals shall indicate as follows:
   1. Flashing or steady walk: Any pedestrian facing the signal may proceed across the roadway in the direction of the signal and every driver of a vehicle shall yield the right-of-way to him;
   2. Flashing or steady don’t walk: No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the don’t walk signal is showing.

History. Laws 1955, ch. 225, § 16; C.S. 1945, § 60-616; W.S. 1957, § 31-140; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Who is “pedestrian” entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 ALR4th 1117.

§ 31-5-405. Flashing signals.

1. Whenever an illuminated flashing red or yellow signal is used with or in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
   1. Flashing Red (Stop Signal): When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it, and the right to proceed is subject to the rules applicable after making a stop at a stop sign;
   2. Flashing Yellow (Caution Signal): When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
2. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules provided by W.S. 31-5-510 .

History. Laws 1955, ch. 225, § 17; C.S. 1945, § 60-617; W.S. 1957, § 31-141; Laws 1984, ch. 48, § 1.

§ 31-5-406. Display of unauthorized signs; advertising on traffic signs.

1. No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon any highway any official traffic-control device bearing thereon any commercial advertising except for business signs included as a part of official motorist service panels or roadside information panels approved by the highway department.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
4. Every prohibited sign, signal or marking is a public nuisance and the authority having jurisdiction over the highway may remove the same or cause it to be removed without notice.

History. Laws 1955, ch. 225, § 18; C.S. 1945, § 60-618; W.S. 1957, § 31-142; Laws 1984, ch. 48, § 1.

Cross references. —

For Outdoor Advertising Act, see chapter 10 of title 24.

§ 31-5-501. Authority to place signs prohibiting, regulating or restricting parking; handicapped parking; obedience to signs required; free parking areas.

1. The highway department with respect to highways under its jurisdiction, and boards of county commissioners of the counties or any duly appointed board of trustees of any fairgrounds, airports, parks, pleasure grounds or recreational systems or other duly constituted state or local public boards, with respect to public lands under their supervision and control, may place signs prohibiting, regulating the time of or restricting the parking of vehicles where in the opinion of the commission or board having jurisdiction thereof, parking is dangerous to those using highways, public ways or areas where the parking of vehicles would unduly interfere with the free movement of traffic thereon, or where it is necessary to regulate parking for the welfare of the general public or for the proper use of public lands.
2. Signs reserving parking spaces for the handicapped in public places under the jurisdiction of the government agencies described in subsection (a) of this section or placed on private property by the real property owner pursuant to W.S. 31-5-111 shall be constructed of durable material, contain the international symbol of accessibility, be no less than twelve inches (12”) by eighteen inches (18”) in size and be placed above ground level so as to be visible at all times and not be obscured by a vehicle parked in that space. Parking spaces for the handicapped shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In public parking lots of ten (10) or more parking spaces, at least two percent (2%) of the total number of available parking spaces but not less than one (1) space shall be reserved for the handicapped. Handicapped parking spaces shall allow easy entrance and exit for wheelchairs, to include signage and any cross-hatched handicapped vehicle access markings that may be adjacent to the handicapped parking space, and be located on a level surface.
3. The signs specified under this section and W.S. 31-5-111(b) shall be official signs and it is unlawful for any person to willfully park a vehicle in violation of the restrictions, regulations or prohibitions stated on the signs. This subsection shall not prohibit use of handicapped parking spaces provided under subsection (b) of this section by a person issued a distinctive handicapped license plate or transferable identification card by another state and displaying the plate or card on a vehicle used by this person.
4. Repealed by Laws 2020, ch. 145, § 1.

History. Laws 1953, ch. 24, § 1; C.S. 1945, § 60-528; W.S. 1957, § 31-144; Laws 1977, ch. 37, § 1; 1984, ch. 48, § 1; 1985, ch. 153, § 1; 1987, ch. 133, § 1; 1993, ch. 6, § 1; 1998, ch. 103, § 1; 2012, ch. 56, § 1; 2020, ch. 145, § 1.

Cross references. —

As to state highway department generally, see chapter 2 of title 24.

The 2012 amendment, effective July 1, 2012, inserted “to include signage and any cross-hatched handicapped vehicle access markings that may be adjacent to the handicapped parking space” in (b).

The 2020 amendment, effective July 1, 2020, repealed (d), which read “For public convenience, commissioners or boards having jurisdiction to regulate parking of vehicles shall provide free parking areas adequate to accommodate at least twenty percent (20%) of the number of vehicle parking spaces for which a fee is charged.”

Laws 2020, ch. 145, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2020.

§ 31-5-502. Penalty for violation of W.S. 31-5-501.

Every person who is convicted of a violation of W.S. 31-5-501 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, is subject to a fine of not more than fifty dollars ($50.00).

History. Laws 1953, ch. 24, § 2; C.S. 1945, § 60-528; W.S. 1957, § 31-145; Laws 1984, ch. 48, § 1.

§ 31-5-503. Erection and maintenance of traffic-control devices to designate through highways.

The superintendent with reference to state highways and local authorities with reference to other highways under their jurisdiction may erect and maintain stop signs, yield signs or other traffic-control devices to designate through highways, or to designate intersections or other roadway junctions at which vehicular traffic on one (1) or more of the roadways should yield or stop and yield before entering the intersection or junction.

History. Laws 1955, ch. 225, § 85; C.S. 1945, § 60-685; W.S. 1957, § 31-146; Laws 1963, ch. 51, § 1; 1984, ch. 48, § 1.

Local authorities liable for failing to erect and maintainstop signs. —

The erection and maintenance of a stop sign is mandatory whenever a through street has been established and designated. If a county or city fails to comply with this mandate, it is liable in damages to users of the highways injured by the default. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

Which includes maintaining visibility. —

A city having elected to establish a through street and having erected the required stop sign is obligated to maintain its visibility and to exercise special care that shrubbery, i.e., trees, is not allowed to obscure the sign and prevent it from conveying its message effectively. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

And governmental immunity waived. —

An imperative duty is placed upon a city to erect and adequately maintain a sufficient stop sign at corner of a through street, and since this imperative municipal duty has been legislatively ordained, the city's usual governmental immunity is impliedly waived. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

Driver on through street entitled to assume way clear. —

Where there is a through street, the vehicle driver thereon has a right to assume the way is clear for his passage through intersections, whereas the driver of a vehicle on the nonthrough intersecting street is subjected to a new and added peril when entering the intersection unless given warning of the superior right of the driver upon the through street in the use of the intersection. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

But where there is no through street, both drivers must exercise same care. Fanning v. Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965) (commented on in I Land & Water L. Rev. 532 (1966)).

Quoted in

Husted v. French Creek Ranch, Inc., 79 Wyo. 307, 333 P.2d 948, 1959 Wyo. LEXIS 7 (1959).

Cited in

Colwell v. Anderson, 438 P.2d 448, 1968 Wyo. LEXIS 160 (Wyo. 1968).

§ 31-5-504. Specific places where prohibited.

1. Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, no person shall:
   1. Stop, stand or park a vehicle:
      1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
      2. On a sidewalk;
      3. Within an intersection;
      4. On a crosswalk;
      5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
      6. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
      7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
      8. On any railroad tracks;
      9. On any controlled-access highway;
      10. In the area between roadways of a divided highway, including crossovers;
      11. At any place where official traffic-control devices prohibit stopping.
   2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
      1. In front of a public or private driveway;
      2. Within fifteen (15) feet of a fire hydrant;
      3. Within twenty (20) feet of a crosswalk at an intersection;
      4. Within twenty (20) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
      5. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly signposted;
      6. At any place where official traffic-control devices prohibit standing.
   3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
      1. Within fifty (50) feet of the nearest rail of a railroad crossing;
      2. At any place where official traffic-control devices prohibit parking.
2. No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such a distance as is unlawful.

History. Laws 1955, ch. 225, § 91; C.S. 1945, § 60-691; W.S. 1957, § 31-147; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subparagraph (a)(i)(I) or (a)(i)(L) in this section as it appears in the printed acts.

§ 31-5-505. Roadways outside of business or residence districts.

1. Outside a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicles shall be available for a distance of two hundred (200) feet in each direction upon the highway.
2. This section and W.S. 31-5-504 do not apply to the driver of any vehicle which is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.

History. Laws 1955, ch. 225, § 89; C.S. 1945, § 60-689; W.S. 1957, § 31-148; Laws 1984, ch. 48, § 1.

Purpose of section. —

It is obvious from any fair reading and interpretation of this section that its purpose is to prevent traffic hazards created by persons who thoughtlessly or unnecessarily leave a vehicle where other travelers are compelled to travel around it. Reindal v. Casassa, 444 P.2d 321, 1968 Wyo. LEXIS 189 (Wyo. 1968).

Driver need not anticipate that anyone will stop in his lane.—

One driving a car over the crest of a hill on an open road is not required to anticipate that anyone will be virtually stopped in his lane of travel. Templar v. Tongate, 71 Wyo. 148, 255 P.2d 223, 1953 Wyo. LEXIS 11 (Wyo. 1953).

Failure to take vehicle off highway excused by lack of safeexit. —

The failure to take a vehicle off the highway, after a defect in the lights develop, will be excused if the driver in the exercise of due care is unable to find a reasonably safe exit from the highway. Merback v. Blanchard, 56 Wyo. 152, 105 P.2d 272, 1940 Wyo. LEXIS 29 (Wyo. 1940), reh'g denied, 56 Wyo. 286, 109 P.2d 49, 1941 Wyo. LEXIS 1 (Wyo. 1941).

Driver stopped by temporary traffic blockage not required toleave traffic lane. —

A lane of traffic may be temporarily blocked in the course of highway maintenance work, or by an accident, and the effect on travelers becomes the same as a red light. Obviously, subsection (a) was not intended to require a driver of a motor vehicle to leave his lane of traffic and give way to travelers from behind when forward progress is prevented by traffic being blocked. Reindal v. Casassa, 444 P.2d 321, 1968 Wyo. LEXIS 189 (Wyo. 1968).

Trial court question. —

Where a collision might have occurred had the defendant's car been in motion instead of temporarily stopped on the highway, during fog, the question of the plaintiff's negligence, under the evidence presented, is one for the trial court. Gamet v. Beazley, 62 Wyo. 1, 159 P.2d 916, 1945 Wyo. LEXIS 24 (Wyo. 1945).

Cited in

Arbenz v. Debout, 444 P.2d 317, 1968 Wyo. LEXIS 188 (Wyo. 1968).

§ 31-5-506. Emerging from alley, building, private road or driveway.

The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or if there is no sidewalk area, shall stop at a point nearest the street to be entered where the driver has a view of approaching traffic thereon.

History. Laws 1955, ch. 225, § 86; C.S. 1945, § 60-686; W.S. 1957, § 31-149; Laws 1984, ch. 48, § 1.

§ 31-5-507. Meeting or passing stopped school bus; markings and visual signals.

1. The driver of a vehicle upon meeting or overtaking from either direction any stopped school bus shall stop before reaching the school bus when there is in operation on the school bus the flashing red lights as specified in W.S. 31-5-929 and the driver shall not proceed until the school bus resumes motion or the flashing red lights are no longer actuated.
2. Every school bus shall bear upon the front and rear thereof plainly visible signs containing the words “school bus” in letters not less than eight (8) inches in height, and in addition shall be equipped with red visual signals meeting the requirements of W.S. 31-5-929 , which shall be actuated by the driver of the school bus whenever the vehicle is stopped and is receiving or discharging school children in designated school bus loading areas. When stopped to receive or discharge school children, the school bus driver shall keep the bus as far to the right of the roadway as reasonable. Except at a crosswalk, no school bus shall receive or discharge school children upon a roadway with four (4) or more lanes if the child would be required to cross a lane. The board of trustees of a school district may waive the requirement in this subsection that school bus drivers actuate visual signals if:
   1. The board finds the safety of children is not jeopardized; and
   2. The bus is not on a public roadway.
3. Before a school bus is sold by a school district all legal markings on the bus indicating it was once a school bus shall be concealed with paint unless sold to another school district in Wyoming.
4. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
5. A recording of images produced by a video system equipped on a school bus under W.S. 21-3-131(b)(x) shall be prima facie evidence of the facts contained in it. A recorded image evidencing a violation of subsection (a) of this section shall be admissible in a judicial or administrative proceeding to adjudicate liability for the violation. If the identity of the driver of a vehicle that violates subsection (a) of this section is unknown, the registered owner of the vehicle recorded by a video system as provided in this subsection shall be fined one hundred ninety-five dollars ($195.00) provided that:
   1. A fine issued to a registered owner of a vehicle under this subsection shall not be considered a moving violation for the purpose of suspending a driver’s license under W.S. 31-7-129 and shall not be considered a conviction under W.S. 31-5-1201 or as a prior conviction for any other purpose; and
   2. It shall be a defense to enforcement of a fine issued under this subsection that the registered owner of the vehicle:
      1. Did not provide express or implied consent to the person who was operating the vehicle at the time of the violation; or
      2. Transferred ownership of the vehicle to a new owner prior to the observed violation.

History. Laws 1955, ch. 225, § 87; C.S. 1945, § 60-687; W.S. 1957, § 31-150; Laws 1963, ch. 53, § 1; 1967, ch. 172, § 1; 1973, ch. 66, § 1; 1984, ch. 48, § 1; 1986, ch. 66, § 1; 1989, ch. 20, § 1; 2001, ch. 125, § 1; 2019, ch. 74, § 1.

The 2019 amendment, effective July 1, 2019, added (e).

§ 31-5-508. Removal of illegally stopped vehicles.

1. Whenever any police officer finds a vehicle in violation of W.S. 31-5-505 the officer may move the vehicle, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the roadway.
2. Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel, in a position or under circumstances which obstruct the normal movement of traffic.
3. Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
   1. Report has been made that the vehicle has been stolen or taken without the consent of its owner;
   2. The person in charge of the vehicle is unable to provide for its custody or removal; or
   3. When the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper judge without unnecessary delay.

History. Laws 1955, ch. 225, § 90; C.S. 1945, § 60-690; W.S. 1957, § 31-151; Laws 1979, ch. 94, § 1; 1984, ch. 48, § 1.

Cross references. —

As to abandoned vehicles generally, see chapter 13 of this title.

Inventory following impoundment proper. —

Inventory search of defendant's vehicle was proper because the court found that an officer had custody of defendant's vehicle after his arrest, and that the trooper did not act in bad faith because he inventoried the vehicle in anticipation of impounding it; no one was available to take possession of the car after defendant was arrested, and the inventory was complete by the time defendant's father arrived. Hunnicutt-Carter v. State, 2013 WY 103, 308 P.3d 847, 2013 Wyo. LEXIS 107 (Wyo. 2013).

Unreasonable seizure of vehicle. —

Since the government failed to carry its burden of showing that the impoundment of defendant's vehicle was authorized by federal or state law, the seizure of defendant's vehicle was unreasonable. United States v. Ibarra, 955 F.2d 1405, 1992 U.S. App. LEXIS 1449 (10th Cir. Wyo. 1992).

Quoted in

United States v. Ibarra, 725 F. Supp. 1195, 1989 U.S. Dist. LEXIS 13849 (D. Wyo. 1989).

§ 31-5-509. Requirements before leaving motor vehicle unattended.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

History. Laws 1955, ch. 225, § 93; C.S. 1945, § 60-693; W.S. 1957, § 31-152; Laws 1984, ch. 48, § 1.

Private driveway. —

Defendant did not breach a duty under Wyo. Stat. Ann. § 31-5-509 by leaving her vehicle unattended with the keys in the ignition, following which the vehicle was stolen and was involved in an injury causing accident, because her vehicle was parked in a private driveway and the statute applied only to vehicles standing unattended upon a highway. Lucero v. Holbrook, 2012 WY 152, 288 P.3d 1228, 2012 Wyo. LEXIS 159 (Wyo. 2012).

Cross references. —

As to abandonment of vehicle, see § 31-13-104 .

Leaving a vehicle unattended, by itself, is not a violation of Wyoming law. United States v. Ibarra, 955 F.2d 1405, 1992 U.S. App. LEXIS 1449 (10th Cir. Wyo. 1992).

Law reviews. —

For article, “Liability of a Car Owner for a Thief's Negligence,” see 4 Wyo. L.J. 125.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 ALR4th 276.

§ 31-5-510. Railroad crossings generally.

1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing requirements apply when:
   1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment;
   2. A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment;
   3. A railroad train or other on-track equipment approaching a highway crossing emits an audible signal in accordance with federal railroad administration requirements and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;
   4. An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.
2. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

History. Laws 1955, ch. 225, § 81; C.S. 1945, § 60-681; W.S. 1957, § 31-153; Laws 1984, ch. 48, § 1; 2013, ch. 82, § 1.

The 2013 amendment, effective July 1, 2013 added “or other on-track equipment” following “railroad train” in (a)(i); added “or other on-track equipment” following “railroad train” in (a)(ii); rewote (a)(iii) substituting “A railroad train or other on-track equipment approaching a highway crossing emits an audible signal in accordance with federal railroad administration requirements and the railroad train or other on-track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;” for “A railroad train approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from such distance and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard;”; and added “or other on-track equipment” following “railroad train” in (a)(iv).

§ 31-5-511. Stopping requirements for certain vehicles at railroad crossings.

1. The driver of any motor vehicle carrying passengers for hire, or of any school bus whether empty or carrying school children, or of any vehicle carrying a cargo or part of a cargo required to be placarded under United States department of transportation regulations, before crossing at grade any track or tracks of a railroad, shall:
   1. Actuate the vehicle’s four-way hazard flashers prior to stopping at the grade crossing;
   2. Stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad;
   3. While stopped, listen and look in both directions along the track for any approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment and not proceed until he can do so safely;
   4. Upon proceeding, cross the tracks without manually shifting gears and only in a gear of the vehicle which does not require manually changing gears while traversing the crossing; and
   5. After crossing the tracks, cancel the four-way hazard flashers.
2. Except for school buses which will stop at all railroad crossings, this section shall not apply at:
   1. Any railroad grade crossing at which traffic is controlled by a police officer or flagman;
   2. Any railroad grade crossing at which traffic is regulated by a traffic-control signal;
   3. Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train or other on-track equipment;
   4. Any railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.
3. The highway department may adopt such regulations as may be necessary describing additional vehicles which must comply with the stopping requirements of this section.

History. Laws 1955, ch. 225, § 83; C.S. 1945, § 60-683; W.S. 1957, § 31-155; Laws 1963, ch. 54, § 1; W.S. 1977, § 31-5-512 ; Laws 1984, ch. 48, § 1; 1987, ch. 187, § 1; 2013, ch. 82, § 1.

The 2013 amendment, effective July 1, 2013 added “or other on-track equipment” following “approaching train”; added “or other on-track equipment” following “a train” in (a)(iii); and added “or other on-track equipment” following “railroad train” in (b)(iii).

§ 31-5-512. Parking alongside curbs or on edge of roadways; angle parking; power of highway department to place devices restricting parking.

1. Except as otherwise provided in this section every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
2. Except as otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
3. Local authorities may permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the highway department has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
4. The highway department with respect to highways under its jurisdiction may place official traffic-control devices prohibiting, limiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion stopping, standing or parking, is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic. No person shall stop, stand or park any vehicle in violation of the restrictions indicated by the devices.

History. Laws 1955, ch. 225, § 92; C.S. 1945, § 60-692; W.S. 1957, § 31-156; W.S. 1977, § 31-5-513; Laws 1984, ch. 48, § 1.

Cross references. —

As to state highway department generally, see chapter 2 of title 24.

§ 31-5-601. Obedience to traffic-control devices; general privileges and restrictions.

1. A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him unless otherwise directed by a police officer.
2. Pedestrians are subject to traffic-control signals at intersections as provided by W.S. 31-5-403 and 31-5-404 .
3. At all other places pedestrians shall be accorded the privileges and are subject to the restrictions stated in this act.

History. Laws 1955, ch. 225, § 67; C.S. 1945, § 60-667; W.S. 1957, § 31-157; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-5-102(a)(lix).

§ 31-5-602. Right-of-way in crosswalks.

1. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way by slowing down or stopping if need be to yield, to any pedestrian within or entering a crosswalk at either edge of the roadway.
2. When traffic-control signals are not in place or not in operation at a school crosswalk, the driver of a vehicle shall yield the right-of-way to any pedestrian within or entering a school crosswalk at either edge of the roadway by slowing down or stopping.
3. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
4. Subsection (a) of this section does not apply under the conditions stated in W.S. 31-5-603(b).
5. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

History. Laws 1955, ch. 225, § 68; C.S. 1945, § 60-668; W.S. 1957, § 31-158; Laws 1984, ch. 48, § 1; 1986, ch. 66, § 1; 1993, ch. 42, § 1.

Pedestrian walking across highway without marked crosswalknegligent. —

A pedestrian who walks into the side of an approaching car while crossing a highway where there is no marked crosswalk and no intersection is guilty of negligence. Johnston v. Vukelic, 67 Wyo. 1, 213 P.2d 925, 1950 Wyo. LEXIS 2 (Wyo. 1950).

But driver failing to keep lookout also negligent. —

The driver of a car is negligent in looking to the left instead of keeping a lookout ahead, as he approaches a place where a pedestrian is crossing the highway. Johnston v. Vukelic, 67 Wyo. 1, 213 P.2d 925, 1950 Wyo. LEXIS 2 (Wyo. 1950).

Applied in

Feltner v. Bishop, 348 P.2d 548, 1960 Wyo. LEXIS 47 (Wyo. 1960).

§ 31-5-603. Crossing at other than crosswalks.

1. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
3. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to the crossing movements.

History. Laws 1955, ch. 225, § 69; C.S. 1945, § 60-669; W.S. 1957, § 31-159; Laws 1984, ch. 48, § 1.

Section not violated where person crosses between pedestriancrossing signs. —

Where the painted stripes defining the lane for pedestrians crossing have been obliterated, it cannot be said that this section is violated by a person crossing between pedestrian crossing signs which are readily visible to both motorists and pedestrians. Calkins v. Hamme, 387 F.2d 317, 1967 U.S. App. LEXIS 4088 (10th Cir. Wyo. 1967).

Applied in

Feltner v. Bishop, 348 P.2d 548, 1960 Wyo. LEXIS 47 (Wyo. 1960).

§ 31-5-604. Use of right half of crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

History. Laws 1955, ch. 225, § 71; C.S. 1945, § 60-671; W.S. 1957, § 31-160; Laws 1984, ch. 48, § 1.

§ 31-5-605. Walking along roadways or highways.

1. Where a sidewalk is provided and its use is practicable it is unlawful for any pedestrian to walk along and upon an adjacent roadway.
2. Where sidewalks are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction as far as practicable from the edge of the roadway.
3. Except as otherwise provided in this act, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

History. Laws 1955, ch. 225, § 72; C.S. 1945, § 60-672; W.S. 1957, § 31-161; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-5-102(a)(lix).

Am. Jur. 2d, ALR and C.J.S. references. —

Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery for injuries or death resulting from collision with automobile, 45 ALR3d 658.

§ 31-5-606. Soliciting on streets and highways.

1. No person shall be on a highway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.
2. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

History. Laws 1955, ch. 225, § 73; C.S. 1945, § 60-673; W.S. 1957, § 31-162; Laws 1984, ch. 48, § 1; 2013, ch. 94, § 1.

The 2013 amendment, effective July 1, 2013, deleted “a ride” following “purpose of soliciting,” and deleted the last sentence in (a).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and effect of anti-hitchhiking laws in action for injury to hitchhiker, 46 ALR3d 964.

§ 31-5-607. Exercise of due care by drivers.

Notwithstanding other provisions of this act or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

History. Laws 1955, ch. 225, § 70; C.S. 1945, § 60-670; W.S. 1957, § 31-163; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Applied in

Feltner v. Bishop, 348 P.2d 548, 1960 Wyo. LEXIS 47 (Wyo. 1960).

Am. Jur. 2d, ALR and C.J.S. references. —

Duty and liability with respect to giving audible signal upon approaching pedestrian, 24 ALR3d 183.

Motorist's liability for striking person lying in road, 41 ALR4th 303.

§ 31-5-608. Driving through or within safety zone.

No vehicle shall at any time be driven through or within a safety zone.

History. Laws 1984, ch. 48, § 1.

§ 31-5-609. Right-of-way on sidewalks.

The driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk.

History. Laws 1984, ch. 48, § 1.

§ 31-5-610. Yielding of right-of-way to authorized emergency vehicles.

1. Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of W.S. 31-5-952 and visual signals meeting the requirements of W.S. 31-5-928 , or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
2. This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.

History. Laws 1984, ch. 48, § 1.

§ 31-5-611. Blind pedestrian right-of-way.

The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

History. Laws 1984, ch. 48, § 1.

Cross references. —

As to design of curb ramps for blind pedestrians, see § 16-6-501(b).

§ 31-5-612. Pedestrians under influence of alcohol or controlled substances.

A pedestrian who is under the influence of alcohol or any controlled substance to a degree which renders himself a hazard shall not walk or be upon a highway.

History. Laws 1984, ch. 48, § 1.

Cross references. —

For Controlled Substances Act, see § 35-7-1001 et seq.

Am. Jur. 2d, ALR and C.J.S. references. —

Motorist's liability for striking person lying in road, 41 ALR4th 303.

§ 31-5-613. Passing through railroad crossing gate or barrier.

No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

History. Laws 1984, ch. 48, § 1.

§ 31-5-701. Prohibited acts.

1. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in W.S. 31-5-701 through 31-5-706 .
2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any provision of this act.

History. Laws 1955, ch. 225, § 74; C.S. 1945, § 60-674; W.S. 1957, § 31-164; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 31-5-102(a)(lix).

§ 31-5-702. General rights and duties of riders.

Every person propelling a vehicle by human power or riding a bicycle or electric bicycle has all of the rights and all of the duties applicable to the driver of any vehicle under this act, except as to special regulations in this act and except as to those provisions which by their nature can have no application.

History. Laws 1955, ch. 225, § 75; C.S. 1945, § 60-675; W.S. 1957, § 31-165; Laws 1984, ch. 48, § 1; 2019, ch. 95, § 2.

The 2019 amendment, effective July 1, 2019, added “or electric bicycle.”

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 31-5-102(a)(lix).

Applied in

Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

Cited in

Hodges v. State, 904 P.2d 334, 1995 Wyo. LEXIS 185 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist—modern cases, 9 ALR5th 826.

§ 31-5-703. Number of riders.

No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed or equipped except that an adult rider may carry a child securely attached to his person in a backpack or sling.

History. Laws 1955, ch. 225, § 76; C.S. 1945, § 60-676; W.S. 1957, § 31-166; Laws 1984, ch. 48, § 1.

§ 31-5-704. Riding on roadways and designated paths.

1. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction.
2. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
3. Repealed by Laws 2007, ch. 112, § 1.

History. Laws 1955, ch. 225, § 78; C.S. 1945, § 60-678; W.S. 1957, § 31-167; Laws 1984, ch. 48, § 1; 2007, ch. 112, § 1.

The 2007 amendment, effective February 23, 2007, repealed former (c), which read: “Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use the path and shall not use the roadway.”

Laws 2007, ch. 112, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 23, 2007.

Motorist may not rely on bicyclist staying specific distance from edge of road. —

The driver of a motor vehicle approaching a bicyclist from behind without warning may not rely on the bicycle remaining at a specific distance from the edge of the road. Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

Cited in

Hodges v. State, 904 P.2d 334, 1995 Wyo. LEXIS 185 (Wyo. 1995).

§ 31-5-705. Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one (1) hand upon the handle bars at all times.

History. Laws 1955, ch. 225, § 79; C.S. 1945, § 60-679; W.S. 1957, § 31-168; Laws 1984, ch. 48, § 1.

§ 31-5-706. Lamps and other equipment.

1. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the highway department which shall be visible from six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector.
2. A bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
3. Every bicycle shall be equipped with a brake which will enable the operator to stop the bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.

History. Laws 1955, ch. 225, § 80; C.S. 1945, § 60-680; W.S. 1957, § 31-169; Laws 1984, ch. 48, § 1.

§ 31-5-707. Electric bicycles.

1. The operator of an electric bicycle is subject to W.S. 31-5-702 and is not subject to the provisions of this title relating to financial responsibility, driver’s licenses, registration, certificates of title or off-road recreational vehicles. An electric bicycle shall not be a motor vehicle.
2. On and after January 1, 2020, every manufacturer or distributor of an electric bicycle shall ensure that a label is permanently affixed in a prominent location on each electric bicycle sold or distributed by the manufacturer or distributor. The label shall indicate the class number as defined in W.S. 31-1-101(a)(xxxiv), the top assisted speed and motor wattage of the electric bicycle and shall be printed in at least nine (9) point font.
3. A person shall not modify an electric bicycle to change the motor-powered speed capability or motor engagement of the electric bicycle, unless the person replaces the label required in subsection (b) of this section indicating the classification.
4. An electric bicycle shall comply with United States consumer product safety commission equipment and manufacturing requirements for bicycles, 16 C.F.R. 1512.
5. An electric bicycle shall operate according to class so that when the rider stops pedaling, applies the brakes or the electric motor is disengaged, the electric motor assist ceases to function.
6. A local authority or state agency with jurisdiction may regulate the use of any class of electric bicycles on trails, including nonmotorized trails, under its jurisdiction. For purposes of this paragraph, “nonmotorized trail” means a trail with a natural surface made by clearing and grading the native soil with no added surfacing materials.

History. Laws 2019, ch. 95, § 1.

Effective date. —

Laws 2019, ch. 95, § 3, makes the act effective July 1, 2019.

§ 31-5-801. Operation on highways.

1. Snowmobiles may be operated upon the highways of Wyoming subject to the following conditions:
   1. Snowmobiles may be operated within the right-of-way but not on the main traveled roadway except as provided hereafter;
   2. Crossings of main-traveled roadways shall be made at right angles to the roadway or as nearly so as practicable, but in any case yielding the right-of-way to all traffic in the main-traveled roadway;
   3. Snowmobiles may be operated on the highways within the cities and towns pursuant to ordinance;
   4. Snowmobiles may be operated on the main-traveled roadway when the highway is closed to wheeled vehicular traffic or subject to approval of the state highway department, upon a designated and posted portion of a state roadway within the boundaries of a national park;
   5. If allowed by the county commissioners, snowmobiles may be operated on a designated and posted portion of a county roadway.

History. Laws 1973, ch. 194, § 1; W.S. 1957, § 31-169.1; Laws 1984, ch. 48, § 1; 1989, ch. 84, § 1; 1991, ch. 57, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Applicability of rules of the road. —

Plainly, the legislature considered snowmobiles as vehicles for the purposes of Chapter Five and its articles, including Article Two, as can be ascertained by the legislature's inclusion of snowmobiles in Chapter Five's definitions and the specific reference to snowmobiles in Article Eight. Roberts v. Estate of Randall, 2002 WY 115, 51 P.3d 204, 2002 Wyo. LEXIS 121 (Wyo. 2002).

Applied in

Daily v. Bone, 906 P.2d 1039, 1995 Wyo. LEXIS 206 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Accidents involving negligence in operation of snowmobile, skimobile or similar vehicle, 42 ALR3d 1422.

Criminal liability based on violation of statute or ordinance specifically regulating operation of snowmobile, 45 ALR3d 1438.

Snowmobile operation as DWI or DUI, 56 ALR4th 1092.

Operation of mopeds and motorized recreational two-, three- and four-wheeled vehicles as within scope of driving while intoxicated statutes, 32 ALR5th 659.

§ 31-5-901. General requirements; applicability of provisions.

1. It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this act, or which is equipped in any manner in violation of this act, or for any person to do any act forbidden or fail to perform any act required under this act.
2. Nothing contained in this act shall prohibit equipment required by the United States Department of Transportation nor the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this act.
3. The provisions of W.S. 31-5-901 through 31-5-970 and regulations of the superintendent with respect to equipment required on vehicles shall not apply to vehicles moved solely by human power, motorcycles, autocycles, motor-driven cycles, mopeds, electric bicycles, multipurpose vehicles, off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II), implements of husbandry, highway construction machinery or farm tractors except as specifically made applicable.
4. A federal motor vehicle safety standard which conflicts with a provision of this act shall supersede that provision as to any vehicle in compliance with the federal standard. The highway department shall report any conflict to the legislature and the superintendent may adopt a regulation to replace the superseded provision.

History. Laws 1955, ch. 225, § 103; C.S. 1945, § 60-703; W.S. 1957, § 31-170; Laws 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2017, ch. 165, § 1; 2019, ch. 95, § 2; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1, amends this section by inserting “multipurpose vehicles” in (c).

The 2017 amendment, in the middle of (c), added “autocycles.”

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2019 amendment, effective July 1, 2019, in (c), added "electric bicycles."

The 2021 amendment , effective July 1, 2021, added "off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II)" in (c).

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsections (a), (b) and (d), see § 31-5-102(a)(lix).

§ 31-5-910. Lighted lamps and illuminating devices.

Every vehicle including those listed in W.S. 31-5-901(c), except as otherwise provided in this act, upon a highway within this state at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand (1,000) feet ahead shall display lighted head and other lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles. Stop lights, turn signals and other signaling devices shall be lighted as prescribed for those devices.

History. Laws 1955, ch. 225, § 104; C.S. 1945, § 60-704; W.S. 1957, § 31-172; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-5-102(a)(lix).

Drivers stopped by defect in lights obligated to get vehicleoff highway. —

Where a defect in lights which leads a driver to stop is due to a condition that develops a short time before the vehicle is stopped and not to any lack of care, such a defect still makes the night operation of the vehicle on the highway unlawful and it is the driver's duty to get his vehicle off the highway if possible and safe to do so. Merback v. Blanchard, 56 Wyo. 152, 105 P.2d 272, 1940 Wyo. LEXIS 29 (Wyo. 1940), reh'g denied, 56 Wyo. 286, 109 P.2d 49, 1941 Wyo. LEXIS 1 (Wyo. 1941).

Quoted in

Berta v. Ford, 469 P.2d 12, 1970 Wyo. LEXIS 169 (Wyo. 1970).

§ 31-5-911. Visibility distance.

Whenever a requirement is declared by this act as to distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, the provisions apply during the times stated in W.S. 31-5-910 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

History. Laws 1955, ch. 225, § 105; C.S. 1945, § 60-705; W.S. 1957, § 31-173; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

§ 31-5-912. Head lamps.

1. A motor vehicle, including a multipurpose vehicle or an autocycle, which is greater than fifty (50) inches in width, shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle, which head lamps comply with the regulations of the superintendent.
2. A motorcycle, motor-driven cycle, multipurpose vehicle which is fifty (50) inches or less in width, moped or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 shall be equipped with at least one (1) head lamp which shall comply with the regulations of the superintendent.

History. Laws 1955, ch. 225, § 106; C.S. 1945, § 60-706; Laws 1957, ch. 192, § 1; W.S. 1957, § 31-174; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2017, ch. 165, § 1; 2021, ch. 34, § 2.

The 2008 amendment, byLaws 2007, ch. 34, § 1, amends this section by inserting “including a multipurpose vehicle which is greater than fifty (50) inches in width” in (a); and inserting “multipurpose vehicle which is fifty (50) inches or less in width” in (b).

The 2017 amendment, in the beginning of (a), added “or an autocycle,” and made a related change.

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2021 amendment , effective July 1, 2021, in (b), added "or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 " and made a related change.

§ 31-5-913. Tail lamps.

1. A motor vehicle, multipurpose vehicle which is greater than fifty (50) inches in width, trailer, semitrailer, pole trailer or any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two (2) tail lamps mounted on the rear, which shall comply with the regulations of the superintendent. The superintendent may by regulation allow one (1) tail lamp on any vehicle equipped with only one (1) when it was made. A motorcycle, motor-driven cycle, multipurpose vehicle which is fifty (50) inches or less in width, autocycle, moped or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 shall be equipped with at least one (1) tail lamp which shall comply with the regulations of the superintendent.
2. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate of all vehicles listed in subsection (a) of this section. The lamp shall comply with the regulations of the superintendent.
3. A street rod as defined in W.S. 31-1-101(a)(xv)(N) or a custom vehicle as defined in W.S. 31-1-101(a)(xv)(O) may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps and rear reflectors. For purposes of this subsection, “blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one (1) inch in diameter.

History. Laws 1955, ch. 225, § 107; C.S. 1945, § 60-707; W.S. 1957, § 31-175; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2009, ch. 46, § 2; 2017, ch. 165, § 1; 2021, ch. 34, § 2.

The 2007 amendment, effective January 1, 2008, in (a), inserted “multipurpose vehicle which is greater than fifty (50) inches in width” in the first sentence, and inserted “multipurpose vehicle which is fifty (50) inches or less in length” in the final sentence.

The 2009 amendment, effective July 1, 2010, added (c).

The 2017 amendment, in (a), added “autocycle” preceding “or moped shall.”

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2021 amendment , effective July 1, 2021, in the third sentence of (a), added "or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 " and made a related change.

§ 31-5-914. Rear reflectors.

Every motor vehicle, multipurpose vehicle which is greater than fifty (50) inches in width, trailer, semitrailer, pole trailer or other vehicle which is being drawn at the end of a combination of vehicles shall carry on the rear, either as a part of the tail lamps or separately, two (2) or more red reflectors complying with the regulations of the superintendent. Motorcycles, motor-driven cycles, multipurpose vehicles which are fifty (50) inches or less in width, autocycles, mopeds or off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 shall carry on the rear at least one (1) red reflector complying with the regulations of the superintendent.

History. Laws 1955, ch. 225, § 108; C.S. 1945, § 60-708; W.S. 1957, § 31-176; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2017, ch. 165, § 1; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1, amends this section by inserting “multipurpose vehicle which is greater than fifty (50) inches in width” in the first sentence, and inserting “multipurpose vehicles which are fifty (50) inches or less in width” in the last sentence.

The 2017 amendment, added “autocycle” preceding “or mopeds shall.”

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2021 amendment , effective July 1, 2021, in the second sentence, added "or off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 " and made a related change.

§ 31-5-915. Stop lamps; electric turn signal lamps.

1. Every motor vehicle, multipurpose vehicle which is greater than fifty (50) inches in width, trailer, semitrailer, pole trailer or other vehicle which is being drawn at the end of a combination of vehicles shall be equipped with two (2) or more stop lamps complying with the regulations of the superintendent. Every motorcycle, motor-driven cycle, multipurpose vehicle which is fifty (50) inches or less in width, autocycle, moped or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 shall be equipped with at least one (1) stop lamp complying with the regulations of the superintendent. The superintendent may by regulation allow one (1) stop lamp on any vehicle equipped with only one (1) when it was made.
2. Every motor vehicle, trailer, semitrailer, pole trailer or other vehicle which is being drawn at the end of a combination of vehicles shall be equipped with electrical flashing turn signals complying with the regulations of the superintendent except that passenger cars and trucks less than eighty (80) inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.

History. Laws 1955, ch. 225, § 109; C.S. 1945, § 60-709; W.S. 1957, § 31-177; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2017, ch. 165, § 1; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1, amends this section by inserting, in (a), “multipurpose vehicle which is greater than fifty (50) inches in width” in the first sentence, and inserting “multipurpose vehicle which is fifty (50) inches or less in width” in the second sentence.

The 2017 amendment, added “autocycle” preceding “or moped shall.”

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

The 2021 amendment , effective July 1, 2021, in the second sentence of (a), added "or off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 " and made a related change.

§ 31-5-916. Additional lamps and reflectors.

The superintendent by regulation may require trucks, buses, motor homes, motor vehicles with truck-campers, trailers, semitrailers and pole trailers to have additional lamps and reflectors.

History. Laws 1955, ch. 225, § 110; C.S. 1945, § 60-710; W.S. 1957, § 31-178; Laws 1984, ch. 48, § 1.

§ 31-5-917. Color of lighting devices.

All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white.

History. Laws 1955, ch. 225, § 112; C.S. 1945, § 60-712; W.S. 1957, § 31-80; W.S. 1977, § 31-5-918 ; Laws 1984, ch. 48, § 1.

§ 31-5-918. Vehicles in combination.

Whenever motor vehicles and other vehicles are operated in combination during the time that lights are required, any lamp need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination.

History. Laws 1955, ch. 225, § 115; C.S. 1945, § 60-715; W.S. 1957, § 31-183; W.S. 1977, § 31-5-921 ; Laws 1984, ch. 48, § 1.

§ 31-5-919. Lamps, reflectors and flags on projecting loads.

Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of the vehicle there shall be displayed at the extreme rear end of the load, at the times specified in W.S. 31-5-910 , two (2) red lamps, two (2) red reflectors located so as to indicate maximum width, and on each side one (1) red lamp located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four (4) feet beyond its rear, red or fluorescent orange flags, not less than twelve (12) inches square, marking the extremities of the load, at each point where a lamp would otherwise be required by this section. Lamps and reflectors required in this section shall comply with the regulations of the superintendent.

History. Laws 1955, ch. 225, § 116; C.S. 1945, § 60-716; W.S. 1957, § 31-184; W.S. 1977, § 31-5-922 ; Laws 1984, ch. 48, § 1; 1986, ch. 17, § 1.

§ 31-5-920. Parked vehicles.

1. Every vehicle shall be equipped with one (1) or more parking lamps which shall comply with the regulations of the superintendent.
2. Whenever a vehicle is lawfully parked upon a street or highway during the hours between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise and if there is sufficient light to reveal persons and vehicles within a distance of five hundred (500) feet upon the street or highway, no lights need be displayed upon the parked vehicle.
3. Whenever a vehicle is parked or stopped upon a roadway or adjacent shoulder, whether attended or unattended, during the hours between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, the vehicle so parked or stopped shall display parking lamps complying with the requirements of the superintendent.
4. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

History. Laws 1955, ch. 225, § 117; C.S. 1945, § 60-717; W.S. 1957, § 31-185; W.S. 1977, § 31-5-923 ; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1.

Driver of unlighted, parked trailer liable for damages whencar runs into rear. —

Where a driver, temporarily blinded by the lights of a car, runs into the rear of an unlighted wagon or trailer which is parked on the highway, the driver of the truck hauling the trailer, and the trucking contractor in whose general employ the driver is, are both liable in damages. Blessing v. Pittman, 70 Wyo. 416, 251 P.2d 243, 1952 Wyo. LEXIS 42 (Wyo. 1952).

Question of negligence left to trial court. —

Where a collision might have occurred had a driver's car been in motion instead of temporarily stopped on the highway, during fog, the question of negligence, under the evidence presented, is one for the trial court. Gamet v. Beazley, 62 Wyo. 1, 159 P.2d 916, 1945 Wyo. LEXIS 24 (Wyo. 1945).

Question of negligence left to jury. —

See Hester v. Coliseum Motor Co., 41 Wyo. 345, 285 P. 781, 1930 Wyo. LEXIS 11 (Wyo. 1930); Jackson v. W.A. Norris, Inc., 54 Wyo. 403, 93 P.2d 498, 1939 Wyo. LEXIS 23 (1939).

Am. Jur. 2d, ALR and C.J.S. references. —

Regulations as to lights on parked or standing motor vehicle as affecting liability for collision, 61 ALR3d 13.

§ 31-5-921. Farm and other vehicles and equipment; slow moving vehicle emblems.

1. Every vehicle, including animal-drawn vehicles and vehicles referred to in W.S. 31-5-901(c) not specifically required by other provisions of this act to be equipped with lamps or other lighting devices, shall at the times specified in W.S. 31-5-910 be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than one thousand (1,000) feet to the front of the vehicle and shall also be equipped with two (2) lamps displaying red light visible from a distance of not less than one thousand (1,000) feet to the rear of the vehicle, or as an alternative, one (1) lamp displaying a red light visible from a distance of not less than one thousand (1,000) feet to the rear and two (2) red reflectors visible from all distances within six hundred (600) feet to the rear when illuminated by the lawful lower beams of head lamps.
2. Every farm tractor and every self-propelled implement of husbandry manufactured or assembled after January 1, 1974, shall at all times, and every other such motor vehicle shall at all times mentioned in W.S. 31-5-910 , be equipped with lamps and reflectors as follows:
   1. At least two (2) head lamps complying with the regulations of the superintendent;
   2. At least one (1) red lamp visible when lighted from a distance of not less than one thousand (1,000) feet to the rear mounted as far to the left of the center of the vehicle as possible;
   3. At least two (2) red reflectors visible from all distances within six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps.
3. On every combination of farm tractors and towed farm equipment or towed implement of husbandry, the farm tractor shall be equipped as required by subsection (b) of this section, and the towed unit shall at all times mentioned in W.S. 31-5-910 be equipped with lamps and reflectors as follows:
   1. If the towed unit or its load extends more than four (4) feet to the rear of the tractor or obscures any light thereon, the unit shall be equipped on the rear with at least one (1) red lamp visible when lighted from a distance of not less than one thousand (1,000) feet to the rear mounted as far to the left of the center of the towed vehicle as practicable, and at least two (2) red reflectors visible from all distances within six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps;
   2. If the towed unit of the combination extends more than four (4) feet to the left of the center line of the tractor, the unit shall be equipped on the front with an amber reflector visible from all distances within six hundred (600) feet to one hundred (100) feet to the front when directly in front of lawful lower beams of head lamps. The reflector shall be so positioned to indicate as nearly as practicable, the extreme left projection of the towed unit.
4. Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry and special mobile equipment designed for operation at speeds not in excess of twenty-five (25) miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear except as provided in subsection (e) of this section.
5. Every combination of farm tractor and towed farm equipment or towed implement of husbandry or units towed by special mobile equipment normally operating at speeds not in excess of twenty-five (25) miles per hour shall at all times be equipped with a slow moving vehicle emblem as follows:
   1. Where the towed unit or any load thereon obscures the slow moving vehicle emblem on the towing unit, the towed unit shall be equipped with a slow moving vehicle emblem. In such cases, the towing vehicle need not display the emblem;
   2. Where the slow moving vehicle emblem on the towing unit is not obscured by the towed unit or its load, then either or both may be equipped with the required emblem but it shall be sufficient if either has it.
6. Use of the slow moving vehicle emblem is not required on highway construction and maintenance equipment when the vehicle is operated exclusively within areas guarded by a flagman or clearly visible warning signs.
7. No person shall use the slow moving vehicle emblem except as required in this section nor display the emblem on a vehicle traveling at a speed in excess of twenty-five (25) miles per hour nor on a stationary object along the highway.
8. The emblem required in subsections (d) and (e) of this section shall comply with current standards and specifications of the American Society of Agricultural Engineers.

History. Laws 1955, ch. 225, § 118; C.S. 1945, § 60-718; W.S. 1957, § 31-186; Laws 1973, ch. 194, § 2; W.S. 1977, § 31-5-924 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-5-102(a)(lix).

Special mobile equipment. —

Driver's license was properly suspended under Wyo. Stat. Ann. § 31-6-102 because a police officer had probable cause to initiate a traffic stop as the forklift operated by the driver on the shoulder of a highway was “special mobile equipment” under Wyo. Stat. Ann. § 31-5-921(d) and thus required to have a “slow moving vehicle” emblem. Lindsey v. Harriet, 2011 WY 80, 255 P.3d 873, 2011 Wyo. LEXIS 82 (Wyo. 2011).

§ 31-5-922. Spot lamps.

Any motor vehicle may be equipped with not to exceed two (2) spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use.

History. Laws 1955, ch. 225, § 119; C.S. 1945, § 60-719; W.S. 1957, § 31-187; W.S. 1977, § 31-5-925 ; Laws 1984, ch. 48, § 1.

§ 31-5-923. Vehicular traffic hazard lamps.

1. Any vehicle including those referred to in W.S. 31-5-901(c) may be equipped with lamps for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing.
2. After January 1, 1986, every bus, truck, truck tractor, trailer, semitrailer or pole trailer eighty (80) inches or more in over-all width or thirty (30) feet or more in over-all length shall be equipped with lamps complying with the regulations of the superintendent.
3. Lamps allowed by this section shall comply with the regulations of the superintendent.

History. Laws 1984, ch. 48, § 1.

§ 31-5-924. Multiple-beam lamps.

1. Whenever a motor vehicle including those referred to in W.S. 31-5-901(c) if equipped with multiple-beam lamps is being operated on a highway during the times specified in W.S. 31-5-910 , the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
   1. Whenever a driver of a vehicle approaches an oncoming vehicle, the driver shall, before coming within five hundred (500) feet of the oncoming vehicle use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam, shall be aimed to avoid glare at all times, regardless of road contour and loading;
   2. Whenever the driver of a vehicle approaches another vehicle within three hundred (300) feet from the rear, the driver shall use a distribution of light other than the uppermost distribution of light.

History. Laws 1955, ch. 225, § 123; C.S. 1945, § 60-723; W.S. 1957, § 31-190; W.S. 1977, § 31-5-928 ; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Failure to dim is violation of section and is sufficient to constitute negligence. Edwards v. Harris, 397 P.2d 87, 1964 Wyo. LEXIS 130 (Wyo. 1964).

§ 31-5-925. Single-beam lamps.

Head lamps which provide only a single distribution of light shall be permitted on all farm tractors regardless of date of manufacture, and on other motor vehicles manufactured and sold prior to July 1, 1956, if the head lamps comply with the regulations of the superintendent.

History. Laws 1955, ch. 225, § 124; C.S. 1945, § 60-724; W.S. 1957, § 31-191; W.S. 1977, § 31-5-929 ; Laws 1984, ch. 48, § 1.

§ 31-5-926. Alternate lighting for slow-moving vehicles.

Any motor vehicle may be operated under the conditions specified in W.S. 31-5-910 when equipped with two (2) lighted lamps upon the front thereof capable of revealing persons and objects one hundred (100) feet ahead in lieu of head lamps otherwise required under this act if the vehicle is not operated at a speed in excess of twenty (20) miles per hour.

History. Laws 1955, ch. 225, § 126; C.S. 1945, § 60-726; W.S. 1957, § 31-193; W.S. 1977, § 31-5-931 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

§ 31-5-927. Number of driving lamps.

Whenever a motor vehicle including those referred to in W.S. 31-5-901(c) equipped with head lamps as required in this act is also equipped with any other driving lamps on the front thereof, not more than a total of four (4) of the lamps on the front of a vehicle shall be lighted at any one (1) time when upon a highway. Driving lamps do not include turn or hazard warning signal lamps.

History. Laws 1955, ch. 225, § 127; C.S. 1945, § 60-727; W.S. 1957, § 31-194; W.S. 1977, § 31-5-932 ; Laws 1979, ch. 13, § 1; 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-5-102(a)(lix).

§ 31-5-928. General lighting restrictions; authorized emergency vehicles.

1. During the times specified in W.S. 31-5-910 , any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, vehicle hazard warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle.
2. Except as required in W.S. 31-5-929 and this section, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon capable of displaying a red light or blue light visible from directly in front of the center thereof.
3. Flashing lights are prohibited except as authorized by W.S. 31-5-915 , 31-5-921 , 31-5-929 , 31-5-930 , 31-5-931 and this section.
4. Every authorized emergency vehicle, except law enforcement vehicles and as otherwise specified in this subsection, shall, in addition to any other equipment required by law, be equipped with at least one (1) red lamp visible from five hundred (500) feet in front of the vehicle. Except as otherwise provided in this subsection, every authorized emergency vehicle, may be equipped with one (1) or more blue, white or amber lights. Vehicles used or contracted by a municipality, county or the department to clear snow from public streets, roads or highways may be equipped with one (1) or more lights of a conspicuous color as specified by rules adopted by the department. Privately-owned vehicles used by members of a fire department or emergency service organization in performing or traveling to perform assigned duties in those organizations shall display at least one (1) flashing white, red or amber light, but no blue lights, visible from five hundred (500) feet in front of the vehicle.
5. A police vehicle primarily engaged in traffic law enforcement shall be marked so as to be readily identifiable.
6. The following vehicles are authorized to display flashing white and amber lights in addition to those otherwise authorized by law:
   1. Vehicles of civil emergency preparedness agencies;
   2. Vehicles of municipalities and public service corporations;
   3. Wreckers;
   4. Funeral cars.
7. In addition to these lights otherwise authorized by law, a wrecker is authorized to display flashing red and blue lights at the scene of any emergency.
8. In addition to those lights otherwise authorized by law, a public utility vehicle may display one (1) or more flashing red lights visible from five hundred (500) feet of the vehicle when providing emergency services. For purposes of this subsection, “public utility” means as defined in W.S. 37-1-101(a)(vi).

History. Laws 1955, ch. 225, § 128; C.S. 1945, § 60-728; W.S. 1957, § 31-195; Laws 1977, ch. 3, § 1; W.S. 1977, § 31-5-933 ; Laws 1984, ch. 48, § 1; 1985, ch. 138, §§ 1, 2; 2009, ch. 122, § 1; 2017, ch. 46, § 1; 2021, ch. 84, § 1.

The 2009 amendment, inserted the present third sentence in (d).

Laws 2009, ch. 122, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8, of the Wyo. Const. Approved February 26, 2009.

The 2017 amendment, in (d), substituted “law enforcement” for “police” in the first sentence, substituted “used or contracted by a municipality, county or the” for “used by the”, and inserted “streets, roads or.”

Laws 2017, ch. 46, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

The 2021 amendment, effective July 1, 2021, added (h).

§ 31-5-929. School buses.

1. Every school bus shall, in addition to any other equipment and distinctive markings required by this act, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall display to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level, and these lights shall be visible at five hundred (500) feet in normal sunlight.
2. Any school bus shall, in addition to the lights required by subsection (a) of this section, be equipped with yellow signal lamps mounted near each of the four (4) red lamps and at the same level but closer to the vertical centerline of the bus, which shall display two (2) alternately flashing yellow lights to the front and two (2) alternately flashing yellow lights to the rear, and these lights shall be visible at five hundred (500) feet in normal sunlight. These lights shall be displayed by the school bus at least one hundred (100) feet, but not more than five hundred (500) feet, before every stop at which the alternately flashing red lights required by subsection (a) of this section will be actuated.
3. The superintendent is authorized to adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses consistent with this act, but supplemental thereto. The standards and specifications shall correlate with and, so far as possible, conform to the specifications then current as approved by the Society of Automotive Engineers.

History. Laws 1955, ch. 225, § 88; C.S. 1945, § 60-688; W.S. 1957, § 31-196; Laws 1961, ch. 11, § 1; 1965, ch. 50, § 1; 1967, ch. 172, § 2; 1973, ch. 81, § 1; 1975, ch. 75, § 1; W.S. 1977, § 31-5-934 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a) and in the first sentence in subsection (c), see § 31-5-102(a)(lix).

§ 31-5-930. Highway construction and maintenance vehicles.

1. The superintendent shall adopt specifications and rules governing the use of flashing lights on vehicles engaged in highway construction or maintenance operations.
2. The driver of a vehicle engaged in highway construction or maintenance shall comply with rules adopted under this section.

History. Laws 1955, ch. 225, § 129; C.S. 1945, § 60-729; W.S. 1957, § 31-197; W.S. 1977, § 31-5-935 ; Laws 1984, ch. 48, § 1.

§ 31-5-931. Backup and side marker lamps.

1. Any motor vehicle may be equipped with not more than two (2) backup lamps either separately or in combination with other lamps, but any such backup lamp shall not be lighted when the motor vehicle is in forward motion.
2. Any vehicle may be equipped with one (1) or more side marker lamps and any side marker lamp may be flashed in conjunction with turn or vehicular hazard warning signals.
3. Lamps allowed by this section shall comply with the regulations of the superintendent.

History. Laws 1955, ch. 225, § 121; C.S. 1945, § 60-721; W.S. 1957, § 31-198; W.S. 1977, § 31-5-936 ; Laws 1984, ch. 48, § 1.

§ 31-5-932. Approved sale of lighting devices; mounting.

1. No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, semitrailer, motorcycle, autocycle, motor-driven cycle, moped or pole trailer, or use upon the vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp or reflector, which reflector is required by this article, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been submitted to the superintendent and approved by him. This section does not apply to equipment in actual use prior to January 1, 1956, or replacement parts therefor.
2. No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, semitrailer or pole trailer any lamp or device mentioned in this section which has been approved by the superintendent unless the lamp or device bears thereon the trade-mark or name under which it is approved so as to be legible when installed.
3. No person shall use upon any motor vehicle, trailer, semitrailer or pole trailer any lamps mentioned in this section unless the lamps are mounted, adjusted and aimed in accordance with instructions of the superintendent.

History. Laws 1955, ch. 225, § 130; C.S. 1945, § 60-730; W.S. 1957, § 31-199; W.S. 1977, § 31-5-937 ; Laws 1984, ch. 48, § 1; 2009, ch. 168, § 301; 2017, ch. 165, § 1.

The 2009 amendment, effective July 1, 2009, substituted “by this article” for “hereunder” in the first sentence of (a).

The 2017 amendment, in (a), added “autocycle” following “semitrailer, motorcycle” and made a related the change.

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

§ 31-5-933. [Repealed.]

Repealed by Laws 1985, ch. 138, § 3.

Editor's notes. —

This section, which derived from Laws 1984, ch. 48, § 1, related to permit allowing vehicle operation in violation of equipment requirements.

§ 31-5-934. Approved sale of equipment generally.

1. A person shall not sell or offer for sale any lamp, reflector, hydraulic brake fluid, seat belt, safety glass, emergency disablement warning device, studded tire, motorcycle helmet, eye protection device for motorists, or red rear bicycle reflector unless and until it has been approved by the superintendent.
2. A person shall not sell or offer for sale any item of equipment for which a standard has been adopted under W.S. 31-5-935 unless and until it has been approved by the superintendent.

History. Laws 1984, ch. 48, § 1.

§ 31-5-935. Standards for safety equipment.

1. The superintendent shall adopt standards for lamps, reflectors, hydraulic brake fluids, seat belts, safety glass, emergency disablement warning devices, studded tires, motorcyclist helmets, eye protection devices and red rear bicycle reflectors.
2. The superintendent may adopt standards for safety equipment that comply with standards of the United States Department of Transportation.
3. Standards adopted by the superintendent may conform with standards issued or endorsed by any recognized organization or agency such as the United States Department of Transportation and other federal agencies, Vehicle Equipment Safety Commission, American National Standards Institute and Society of Automotive Engineers.

History. Laws 1984, ch. 48, § 1.

§ 31-5-936. Identification requirements for equipment.

Any equipment described in W.S. 31-5-934 or any package containing the equipment shall bear the manufacturer’s trade mark or brand name unless it complies with identification requirements of the United States Department of Transportation or other federal agencies.

History. Laws 1984, ch. 48, § 1.

Cross references. —

As to trademarks and service marks generally, see chapter 1 of title 40.

§ 31-5-937. Approval of safety equipment by superintendent.

1. The superintendent shall approve or disapprove any lighting device or other safety equipment, component or assembly of a type for which approval is specifically required in this act within a reasonable time after approval has been requested.
2. The superintendent shall establish the procedure to be followed when request for approval of any lighting device or other safety equipment, component or assembly is submitted under this section. The procedure may provide for submission of the device, component or assembly to the American Association of Motor Vehicle Administrators as the agent of the superintendent and for the issuance of an approval certificate by the association in the name of the superintendent in lieu of submission of the device, component or assembly to the superintendent. Approval issued by the association shall have the same force and effect as if it had been issued by the superintendent.
3. The superintendent shall maintain and publish lists of all devices, components or assemblies which have been approved by him.

History. Laws 1955, ch. 225, § 131; C.S. 1945, § 60-731; W.S. 1957, § 31-200; W.S. 1977, § 31-5-938 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-5-102(a)(lix).

§ 31-5-938. Duration of superintendent's approval.

Approvals shall remain valid unless revoked under W.S. 31-5-939 or unless the superintendent requires them to be renewed under regulations issued by him.

History. Laws 1984, ch. 48, § 1.

§ 31-5-939. Revocation of superintendent's approval; reapproval.

1. Whenever the superintendent has reason to believe that a device approved under W.S. 31-5-937 does not comply with his standards, he shall upon thirty (30) days notice to the one to whom the approval was issued conduct a hearing upon the question of the continued compliance of the approved device. After the hearing the superintendent shall determine whether the device meets the requirements of the applicable standard. If the device does not meet those requirements the superintendent shall give notice to the one to whom the approval has been issued of his intention to revoke the approval. If the holder of the approval fails to satisfy the superintendent that the device being sold or offered for sale meets the applicable standard within ten (10) days of the notice, the superintendent shall revoke the approval and shall require the withdrawal of all such devices from the market and may require that all devices sold since the notification be replaced by devices that do comply.
2. When an approval has been revoked pursuant to this section, the device shall not be again approved unless and until it has been submitted to reapproval and it has been demonstrated, in the same manner as in an application for an original approval, that the device fully meets the requirements of the applicable standard. The superintendent may require that all previously approved items are being effectively recalled and removed from the market as a condition for reapproval.

History. Laws 1955, ch. 225, § 132; C.S. 1945, § 60-732; W.S. 1957, § 31-201; Laws 1984, ch. 48, § 1.

§ 31-5-940. Testing and enforcement program.

1. The highway department may purchase and test equipment described in W.S. 31-5-934 to determine whether it complies with its standards.
2. Upon identification of unapproved or substandard devices being sold or offered for sale, the superintendent shall give notice to the person selling them that he is in violation of W.S. 31-5-934 and that selling or offering them for sale is prohibited.
3. In order to enforce the prohibition against the sale or offer for sale of unapproved or substandard devices, the superintendent may file a petition in the district court to enjoin any further sale or offer of sale of the unapproved or substandard devices. Upon a prima facie showing that the device is of a type required to be approved by the superintendent, it has not been approved and it is being sold or offered for sale, the injunction shall be issued.

History. Laws 1984, ch. 48, § 1.

Cross references. —

As to injunctions generally, see chapter 28 of title 1 and Rule 65, W.R.C.P.

§ 31-5-950. General braking requirements.

1. Every motor vehicle and every combination of vehicles shall have a service braking system which will stop the vehicle or combination within forty (40) feet from an initial speed of twenty (20) miles per hour on a level, dry, smooth, hard surface or within such shorter distance as may be specified by the superintendent.
2. Every motor vehicle and combination of vehicles excluding motorcycles, motor-driven cycles and mopeds shall have a parking brake system adequate to hold the vehicle or combination on any grade on which it is operated under all conditions of loading on a surface free from snow, ice or loose material or which shall comply with performance standards issued by the superintendent.
3. When necessary for safe operation, the superintendent may by regulation require additional braking systems.
4. The superintendent may adopt performance requirements for braking systems under this section. In formulating these requirements, the superintendent shall consider standards of the United States Department of Transportation, recommendations of other agencies and organizations, different classes of vehicles, deceleration rates, speeds, weather, loads, terrain and all other factors bearing on safe highway operations.
5. This section applies to motorcycles, motor-driven cycles, multipurpose vehicles and mopeds unless specifically excluded.

History. Laws 1955, ch. 225, § 133; C.S. 1945, § 60-733; W.S. 1957, § 31-202; Laws 1965, ch. 26, § 1; 1979, ch. 13, § 1; 1981, ch. 109, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1.

The 2008 amendment , by Laws 2007, ch. 34, § 1 amends this section by inserting “, multipurpose vehicles” in (e).

Editor's notes. —

All of the following annotations were taken from cases decided prior to the 1984 revision of this title.

Emergency brake required on bus. —

It is clear that a foot or air brake on a bus is not sufficient to comply with this section. There must in addition to that be what is usually called an emergency brake. Rutz v. Anderson, 79 Wyo. 387, 334 P.2d 496, 1959 Wyo. LEXIS 8 (Wyo. 1959).

And truck. —

A truck is required to have two separate sets of brakes, one of which is commonly called an emergency brake, to operate on the highway. Convoy Co. v. Dana, 359 P.2d 885, 1961 Wyo. LEXIS 79 (Wyo. 1961).

Trucking company is negligent in using truck with defective emergency brake. Convoy Co. v. Dana, 359 P.2d 885, 1961 Wyo. LEXIS 79 (Wyo. 1961).

Even though truck not on highway at time of injury. —

The fact that a truck without the brake equipment required by this section is not on the highway at the time that someone is injured is not determinative of the trucking company's negligence under this section. Convoy Co. v. Dana, 359 P.2d 885, 1961 Wyo. LEXIS 79 (Wyo. 1961).

More adequate provision for braking required than that fixed by section. —

See McClanahan v. Woodward Constr. Co., 77 Wyo. 362, 316 P.2d 337, 1957 Wyo. LEXIS 28 (Wyo. 1957).

Am. Jur. 2d, ALR and C.J.S. references. —

Negligence of driver of motor vehicle in regard to manner of timely application of proper brakes, 72 ALR2d 6.

Liability of owner or operator of automobile for injuries or property damage resulting from defective brakes, 40 ALR3d 9.

Failure to set brakes or to maintain adequate brakes as causing accidental runaway of parked motor vehicle, 42 ALR3d 1252.

§ 31-5-951. Brakes on motor-driven cycles.

1. The superintendent may require an inspection of the braking system on any motor-driven cycle and disapprove any brake which in his opinion is not so designed or constructed as to insure reasonable and reliable performance in actual use.
2. The department may refuse to register or may suspend or revoke the registration of any motor-driven cycle when it is notified by the superintendent that the brake thereon does not comply with the provisions of this section.
3. No person shall operate on any highway any motor-driven cycle if the superintendent has disapproved the brake equipment upon that motor-driven cycle or type of motor-driven cycle.

History. Laws 1955, ch. 225, § 134; C.S. 1945, § 60-734; W.S. 1957, § 31-203; Laws 1984, ch. 48, § 1.

Cross references. —

As to classification of motorized bicycles and scooters as motorcycles for purposes of registration, see § 31-1-101(a)(xv)(E).

As to registration generally, see § 31-2-201 .

§ 31-5-952. Horns and warning devices.

1. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use the horn when upon a highway.
2. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section.
3. Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. The theft alarm signal device may use a whistle, bell, horn or other audible signal but shall not use a siren.
4. Every authorized emergency vehicle, except wreckers, shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the superintendent, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof.
5. This section applies to motorcycles, motor-driven cycles, multipurpose vehicles, mopeds and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 .

History. Laws 1955, ch. 225, § 135; C.S. 1945, § 60-735; W.S. 1957, § 31-204; Laws 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1 amends this section by inserting “multipurpose vehicles” in (e).

The 2021 amendment , effective July 1, 2021, in (e), added "and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 " and made a related change.

Failure of motorist passing bicyclist to sound horn. —

See Blakeman v. Gopp, 364 P.2d 986, 1961 Wyo. LEXIS 116 (Wyo. 1961).

Am. Jur. 2d, ALR and C.J.S. references. —

Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 ALR5th 193.

§ 31-5-953. Mufflers.

1. Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle shall at all times be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. No person shall use a muffler cut-out, bypass or similar device.
2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
3. This section applies to motorcycles, motor-driven cycles, multipurpose vehicles, mopeds and off-road recreational vehicle as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 .

History. Laws 1955, ch. 225, § 136; C.S. 1945, § 60-736; W.S. 1957, § 31-205; Laws 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1 amends this section by inserting “multipurpose vehicles” in (c).

The 2021 amendment , effective July 1, 2021, in (c), added "and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that is registered pursuant to W.S. 31-2-232 " and made a related change.

Cited in

Cook v. United States, 346 F.2d 563, 1965 U.S. App. LEXIS 5489 (10th Cir. 1965).

Am. Jur. 2d, ALR and C.J.S. references. —

Public regulations requiring mufflers or similar noise preventing devices on motor vehicles, 49 ALR2d 1202.

Products liability: motor vehicle exhaust systems, 72 ALR4th 62.

§ 31-5-954. Mirrors.

1. On or before January 1, 1986, every motor vehicle including motorcycles, motor-driven cycles, multipurpose vehicles, mopeds and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 shall be equipped with a mirror mounted on the left side of the vehicle and so located as to reflect to the driver a view of the highway to the rear of the vehicle.
2. Every motor vehicle except a motorcycle, motor-driven cycle or moped, shall be equipped with an additional mirror mounted either inside the vehicle approximately in the center or outside the vehicle on the right side and so located as to reflect to the driver a view of the highway to the rear of the vehicle.

History. Laws 1955, ch. 225, § 137; C.S. 1945, § 60-737; W.S. 1957, § 31-206; Laws 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2021, ch. 34, § 2.

The 2008 amendment, by Laws 2007, ch. 34, § 1 amends this section by, inserting “multipurpose vehicles” in (a).

The 2021 amendment , effective July 1, 2021, in (a), added "and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 " and made a related change.

Am. Jur. 2d, ALR and C.J.S. references. —

Operation of regulations requiring motor vehicles to be equipped with adequate mirrors, 27 ALR2d 1040.

§ 31-5-955. Windshields and wipers.

1. No person shall drive any motor vehicle with any sign, poster or other material or substance upon or crack within the front windshield, side or rear windows of the vehicle which materially obstructs, obscures or impairs the driver’s clear view of the highway or any intersecting highway.
2. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. This subsection shall apply to multipurpose vehicles as defined in W.S. 31-1-101(a)(xv)(M) when equipped with a windshield and an enclosed cab.
3. Every motor vehicle shall be equipped with a windshield and a windshield wiper which shall be maintained in good working order.

History. Laws 1955, ch. 225, § 138; C.S. 1945, § 60-738; W.S. 1957, § 31-207; Laws 1984, ch. 48, § 1; 2007, ch. 34, § 1.

The 2008 amendment, by Laws 2007, ch. 34, § 1 amends this section by inserting the last sentence in (b).

Warrantless traffic stop. —

District court properly concluded a stop of defendant’s vehicle was justified because, despite the stop of the vehicle being pretextual due to information that defendant might be transporting controlled substances, a trooper observed multiple cracks in the windshield on defendant’s vehicle, which could create impairment due to sun reflection, distortion, and damage to windshield wipers, where the trooper did not need to “determine that the driver’s view was impaired,” but only needed “reasonable suspicion” to suspect the driver’s view was obstructed, obscured, or impaired. Simmons v. State, 2020 WY 132, 473 P.3d 1259, 2020 Wyo. LEXIS 155 (Wyo. 2020).

Stated in

Allgier v. State, 2015 WY 137, 2015 Wyo. LEXIS 154 (Oct. 23, 2015).

§ 31-5-956. Tires; restriction of travel under hazardous conditions; penalties.

1. Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery.
2. No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway.
3. No tire on a vehicle moved on a highway shall have on its periphery any protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use:
   1. Implements of husbandry with tires having protuberances which will not injure the highway;
   2. Tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid;
   3. Pneumatic tires having studs designed to improve traction without materially injuring the surface of the highway. Pneumatic tires having studs must be approved by the superintendent.
4. The superintendent and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.
5. When the superintendent or his authorized representative determines that travel is sufficiently hazardous due to snow, ice or other conditions travel on a highway may be restricted to use only by motor vehicles utilizing adequate snow tires or tire chains, motor vehicles that are all-wheel drive vehicles or necessary emergency vehicles as defined in W.S. 31-5-102(a)(ii), including snow plows. The superintendent or his authorized representative may further restrict travel in extremely hazardous conditions to use only by necessary emergency vehicles as defined in W.S. 31-5-102(a)(ii), including snow plows, and those vehicles utilizing tire chains or to all-wheel drive vehicles utilizing adequate snow tires with a mud and snow or all-weather rating from the manufacturer having a tread of sufficient abrasive or skid-resistant design or composition and depth to provide adequate traction under existing driving conditions. The prohibition or restriction of use shall be effective when signs, including temporary or electronic signs, giving notice thereof are erected upon that portion of the highway, and it shall be unlawful to proceed in violation of the notice. The operator of a commercial vehicle shall affix tire chains to at least two (2) of the drive wheels of the vehicle at opposite ends of the same drive axle when the vehicle is required to utilize tire chains under this subsection. The state highway patrol shall cooperate with the department in the enforcement of any closing or restriction of use under this subsection.
6. A person shall not operate any vehicle when one (1) or more of the tires in use on that vehicle is in unsafe operating condition or has a tread depth less than four thirty-seconds (4/32) inch in the case of tires which are used on the front wheels of a bus, truck or truck tractor, or two thirty-seconds (2/32) inch in other cases, measured in any two (2) adjacent tread grooves at three (3) equally spaced intervals around the circumference of the tire but the measurements shall not be made at the location of any tread wear indicator, tie bar, hump or fillet. No vehicle shall be operated on any tire that has fabric exposed through the tread or sidewall.
7. A person in the business of selling tires shall not sell or offer for sale for highway use any tire which is in unsafe condition or which has a tread depth of less than two thirty-seconds (2/32) inch measured as specified in subsection (f) of this section.
8. This section applies to motorcycles, motor-driven cycles, multipurpose vehicles, mopeds and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 .
9. Any person who operates a motor vehicle in violation of restrictions imposed by the department or the highway patrol under subsection (e) of this section is guilty of a misdemeanor and upon conviction shall be subject to a penalty of not more than two hundred fifty dollars ($250.00). Any person who operates a motor vehicle in violation of restrictions imposed by the department or the highway patrol under subsection (e) of this section, where the result of the violation is an incident that causes the closure of all lanes in one (1) or both directions of the highway, is guilty of a misdemeanor and upon conviction shall be subject to a penalty of not more than seven hundred fifty dollars ($750.00).
10. As used in this section, “tire chains” means metal chains which consist of two (2) circular metal loops, one (1) on each side of the tire, connected by not less than nine (9) evenly spaced chains across the tire tread and any other traction devices differing from metal chains in construction, material or design but capable of providing traction equal to or exceeding that of metal chains under similar conditions.

History. Laws 1955, ch. 225, § 139; C.S. 1945, § 60-739; W.S. 1957, § 31-208; Laws 1965, ch. 25, § 1; 1973, ch. 120, § 1; 1984, ch. 48, § 1; 2007, ch. 34, § 1; 2009, ch. 210, § 1; 2021, ch. 34, § 2.

Cross references. —

As to metal tires with projections, see § 31-12-101 .

The 2008 amendment, by Laws 2007, ch. 34, § 1 amends this section by inserting “multipurpose vehicles” in (h).

The 2009 amendment, effective July 1, 2009, rewrote (e) which read: “Travel on a highway may be restricted to all wheel drive vehicles or motor vehicles equipped with tire chains or adequate snow tires when the superintendent or his authorized representative determines that travel is sufficiently hazardous due to snow, ice or other conditions.”; and added (j) and (k).

The 2021 amendment , effective July 1, 2021, in (h), added "and off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 " and made a related change.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed act.

§ 31-5-957. Required flares, lanterns or reflectors for certain vehicles.

1. No person shall operate any truck more than eighty (80) inches in width, bus, truck-tractor or any motor vehicle towing a house trailer, upon any highway outside an urban district or upon any divided highway unless there is carried in the vehicle the following equipment except as provided in subsection (b) of this section:
   1. At least three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of which shall meet the requirements in SAE Standards J596 and J597 and Federal Motor Vehicle Safety Standard No. 125. No flare, fusee, electric lantern or warning flag shall be used for the purpose of compliance with the requirements of this section unless the equipment is of a type which has been submitted to the superintendent and approved by him. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred (600) feet to one hundred (100) feet under normal atmospheric conditions at night when directly in front of lawful lower beams of head lamps and unless it is of a type which has been submitted to the superintendent and approved by him;
   2. At least three (3) red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried.
2. No person shall use or permit the use of any flame-producing emergency signal for protecting any vehicle transporting explosives, Class A or Class B, any cargo tank motor vehicle used for the transportation of any flammable liquid or flammable compressed gas, whether loaded or empty, or any motor vehicle using compressed gas as motor fuel. In lieu thereof, emergency reflective triangles, red electric lanterns or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in W.S. 31-5-958 .

History. Laws 1955, ch. 225, § 141; C.S. 1945, § 60-741; W.S. 1957, § 31-210; W.S. 1977, § 31-5-958 ; Laws 1984, ch. 48, § 1.

Cross references. —

As to vehicular traffic hazard lamps, see § 31-5-923 .

§ 31-5-958. Display of warning devices when vehicle disabled.

1. Whenever any truck, bus, truck tractor, trailer, semitrailer or pole trailer eighty (80) inches or more in overall width or thirty (30) feet in overall length is stopped upon a roadway or adjacent shoulder, the driver shall immediately actuate vehicular hazard warning signal lights meeting the requirements of W.S. 31-5-923 when warning signal lights are required by W.S. 31-5-923 . The lights need not be displayed by a vehicle parked lawfully in an urban district, or stopped lawfully to receive or discharge passengers, or stopped to avoid conflict with other traffic or to comply with the directions of a police officer or an official traffic-control device or while the devices specified in subsections (b) through (g) of this section are in place.
2. Whenever any vehicle of a type referred to in subsection (a) of this section is disabled, or stopped for more than ten (10) minutes, upon a roadway outside of an urban district at any time when lighted lamps are required, the driver of the vehicle shall display the following warning devices except as provided in subsection (c) of this section:
   1. A lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic;
   2. As soon thereafter as possible but in any event within the burning period of the fusee (ten (10) minutes), the driver shall place three (3) liquid-burning flares (pot torches), three (3) lighted red electric lanterns or three (3) portable red emergency reflectors on the roadway in the following order:
      1. One (1) approximately one hundred (100) feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;
      2. One (1) approximately one hundred (100) feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle;
      3. One (1) at the traffic side of the disabled vehicle not less than ten (10) feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph (b)(i) of this section, it may be used for this purpose.
3. Whenever any vehicle referred to in this section is disabled, or stopped for more than ten (10) minutes, within five hundred (500) feet of a curve, hillcrest or other obstruction to view, the warning device in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred (100) feet nor more than five hundred (500) feet from the disabled vehicle.
4. Whenever any vehicle of a type referred to in this section is disabled, or stopped for more than ten (10) minutes, upon any roadway of a divided highway during the time that lighted lamps are required, the appropriate warning devices prescribed in subsections (b) and (e) of this section shall be placed as follows:
   1. One (1) at a distance of approximately two hundred (200) feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
   2. One (1) at a distance of approximately one hundred (100) feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane;
   3. One (1) at the traffic side of the vehicle and approximately ten (10) feet from the vehicle in the direction of the nearest approaching traffic.
5. Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas is disabled, or is stopped for more than ten (10) minutes, at any time or place mentioned in subsection (b), (c) or (d) of this section, the driver of the vehicle shall immediately display red electric lanterns or portable red emergency reflectors in the same number and manner specified therein. Flares, fusees or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection nor for vehicles using compressed gas as a fuel.
6. The flares, fusees, red electric lanterns and portable red emergency reflectors to be displayed as required in this section shall conform with the requirements of W.S. 31-5-957 applicable thereto.
7. The warning devices described in subsections (b), (c), (d) and (e) of this section need not be displayed where there is sufficient light to reveal persons and vehicles within a distance of one thousand (1,000) feet.
8. When any vehicle described in this section is stopped entirely off the roadway and on an adjacent shoulder at any time and place described, the warning devices shall be placed, as nearly as practicable, on the shoulder near the edge of the roadway.

History. Laws 1955, ch. 225, § 142; C.S. 1945, § 60-742; W.S. 1957, § 31-211; W.S. 1977, § 31-5-959 ; Laws 1984, ch. 48, § 1.

Driver is not “disabled” where his lane of travel is temporarily blocked, and he merely awaits an opportunity to proceed forward. Reindal v. Casassa, 444 P.2d 321, 1968 Wyo. LEXIS 189 (Wyo. 1968).

Am. Jur. 2d, ALR and C.J.S. references. —

Negligence in failing to set out flares or lights or station person to warn of stationary motor vehicle on or adjacent to highway, 67 ALR2d 12.

§ 31-5-959. Vehicles transporting hazardous materials.

1. Any person operating any vehicle transporting any hazardous materials, hazardous substance, hazardous waste, marine pollutant or radioactive material as a cargo or part of a cargo upon a highway shall at all times comply with regulations of the department adopted pursuant to W.S. 31-18-303 . The regulations shall be consistent with current hazardous materials regulations of the United States department of transportation.
2. No person shall dispose of or deposit any hazardous materials, hazardous substance, hazardous waste, marine pollutant or radioactive material upon any public street, road or highway in the state. However, the department of environmental quality or department of transportation may grant approval for the disposal or deposit of any material according to law.
3. Any person convicted of willfully violating subsection (b) of this section is guilty of a felony punishable by a fine of not more than ten thousand dollars ($10,000.00), imprisonment for not more than five (5) years, or both. Any person convicted of recklessly, as defined by W.S. 6-1-104(a)(ix), violating subsection (b) of this section is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than three (3) years, or both. Any person convicted of criminal negligence, as defined by W.S. 6-1-104(a)(iii), in violating subsection (b) of this section is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.
4. As used in this section:
   1. “Hazardous materials” means a substance or material, including a hazardous substance, which has been determined by the United States secretary of transportation under title 49 of the Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property and which has been so designated;
   2. “Hazardous waste” means any material that is subject to the hazardous waste manifest requirements of the United States environmental protection agency as specified in 40 C.F.R. part 262;
   3. “Marine pollutant” means a hazardous substance which is listed in Appendix B, 49 C.F.R. part 172.101 and, when in a solution or mixture of one (1) or more marine pollutants, is packaged in a concentration which equals or exceeds:
      1. Ten percent (10%) by weight of the solution or mixture for materials that are listed in the appendix;
      2. One percent (1%) by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.
   4. “Radioactive material” means any material having a specific activity greater than 0.002 microcuries per gram;
   5. “Specific activity” of a radionuclide means the activity of the radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the activity per unit mass of the material.

History. Laws 1955, ch. 225, § 143; C.S. 1945, § 60-743; W.S. 1957, § 31-212; W.S. 1977, § 31-5-960 ; Laws 1984, ch. 48, § 1; 1995, ch. 29, § 1; 2009, ch. 169, § 1.

The 2009 amendment, effective July 1, 2009, substituted “6-1-104(a)(iii)” for “6-4-104(a)(iii)” in (c).

Am. Jur. 2d, ALR and C.J.S. references. —

State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 USC § 1801 et seq.) [ 49 USC § 5101 et seq.], 78 ALR Fed 289.

Quoted in

V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. 1996).

§ 31-5-960. Pedestrian vehicles.

1. Every pedestrian vehicle operated upon a highway shall be equipped with the following equipment:
   1. A horn meeting the requirements of W.S. 31-5-952(a);
   2. At least one (1) headlamp of either a single-beam or multiple-beam type which shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet when operated at any speed less than twenty-five (25) miles per hour;
   3. Two (2) tail lamps which shall be so wired as to be lighted whenever the headlamp is lighted and which, when lighted, shall emit a red light plainly visible from a distance of at least one hundred (100) feet to the rear;
   4. Rear stop lamps and turn signals conforming to the requirements of the superintendent;
   5. A brake which conforms to the performance requirements of W.S. 31-5-951 ; and
   6. A reflectorized flag mounted in a bracket permanently affixed to the vehicle. The flag, when mounted, shall be visible from all directions at a height of not less than forty-eight (48) inches nor more than seventy-two (72) inches measured from the level ground upon which the vehicle stands and shall conform to the following requirements:
      1. Be constructed of durable, all-weather type material;
      2. Be orange in color;
      3. Be triangular in shape with a minimum base length of eight and one-half (8 1/2) inches and a minimum side length of eleven and one-half (11 1/2) inches.

History. Laws 1979, ch. 89, § 1; W.S. 1977, § 31-5-961 ; Laws 1984, ch. 48, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-5-961. Television receivers; electronic displays.

1. No motor vehicle operated on Wyoming highways shall be equipped with television-type receiving equipment so located that the viewer or screen is visible from the driver’s seat.
2. This section does not prohibit the use of television-type receiving equipment used exclusively for safety or law enforcement purposes, provided the use is approved by the highway department.
3. This section does not prohibit the use of electronic displays used in conjunction with vehicle navigation systems.

History. Laws 1984, ch. 48, § 1; 1995, ch. 133, § 1.

§ 31-5-962. Sunscreening devices.

1. As used in this section:
   1. “Dealer” means any person or business engaged in the distribution or installation of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun;
   2. “Light transmission” means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material;
   3. “Luminous reflectance” means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials;
   4. “Multipurpose passenger vehicle” means a motor vehicle designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation;
   5. “Nonreflective” means a product or material designed to absorb light rather than to reflect it;
   6. “Sunscreening device” means film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
2. No person may operate an enclosed motor vehicle that is registered or required to be registered in this state on any public highway, road or street that has a sunscreen device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this section.
3. A sunscreening device when used in conjunction with the windshield shall be a nonreflective type and may not be red, yellow or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the AS-1 line or more than five (5) inches from the top of the windshield, whichever is closer to the top of the windshield.
4. A sunscreening device, when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver, shall be a nonreflective type and have total light transmission through both the sunscreening device and glazing of not less than twenty-eight percent (28%).
5. A sunscreening device, when used in conjunction with the safety glazing materials of the side windows behind the driver and the rearmost window, shall be a nonreflective type and have total light transmission through both the sunscreening device and glazing of not less than twenty-eight percent (28%).
6. No sunscreening device or tinting film may be applied or affixed to any window of a motor vehicle that has a luminous reflectance of light exceeding twenty percent (20%).
7. If any sunscreen device or tinting film is added to any windows behind the operator, one (1) left and one (1) right outside rearview mirror shall be required.
8. The requirements of this section shall not apply to windows behind the driver of trucks, buses, motor homes, ambulances, limousines and multipurpose passenger vehicles, to windshields on motorcycles or motor-driven cycles. Except as provided in subsection (j) of this section, vehicle windows with a sunscreen device or tinting film applied prior to July 1, 1996 which do not meet the specifications established by this section shall be in violation after December 31, 1996.
9. Notwithstanding the requirements of subsections (d) and (e) of this section, any sunscreening device applied prior to July 1, 1996, when used in conjunction with the safety glazing materials of the side wings or side windows located at the immediate right and left of the driver, the side windows behind the driver and the rearmost window shall be of a nonreflective type and have total light transmission through both the sunscreening device and the glazing of not less than thirteen percent (13%).
10. No person or firm may apply or affix to the windows of any motor vehicle in this state, a sunscreen device or tinting film that is not in compliance with the requirements of this section.
11. Notwithstanding the requirements of this section, a motor vehicle operated by or regularly used to transport any person with a medical condition which renders him susceptible to harm or injury from exposure to sunlight or bright artificial light may be equipped, on its windshield and any or all of its windows, with sun shading or tinting films or applications which reduce the transmission of light into the vehicle to levels not less than twenty-five percent (25%). The sun shading or tinting film when applied to the windshield of a motor vehicle shall not cause the total light transmittance to be reduced to any level less than seventy percent (70%), except for the upper five (5) inches of the windshield or the AS-1 line, whichever is closer to the top of the windshield. Vehicles equipped with sun shading or tinting films as provided in this subsection shall not be operated on any highway unless the driver or an occupant of the vehicle has in his possession a certificate issued by the director authorizing such operation. The director shall issue the certificate only upon receipt of a signed statement from a licensed physician or licensed optometrist identifying the person seeking the certificate and stating that, in the physician’s or optometrist’s professional opinion, the equipping of a vehicle with sun shading or tinting films or applications is necessary to safeguard the health of the person seeking the certificate. Certificates issued by the director under this subsection shall be valid so long as the condition requiring the use of sun shading or tinting films or applications persists or until the vehicle is sold, whichever first occurs. In the discretion of the director, one (1) or more certificates may be issued to an individual or a family.
12. This section shall apply to multipurpose vehicles as defined in W.S. 31-1-101(a)(xv)(M) when equipped with a windshield and an enclosed cab.

History. Laws 1996, ch. 44, § 1; 1997, ch. 115, § 1; 2007, ch. 34, § 1.

Amendment effective January 1, 2008. —

Laws 2007, ch. 34, § 1, amends this section by adding (n).

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

§ 31-5-970. Required safe mechanical condition.

No person shall drive or move on the highway any vehicle, including vehicles referenced in W.S. 31-5-901(c), unless the equipment upon the vehicle is in good working order and adjustment as required in this act and unless the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.

History. Laws 1967, ch. 231, § 2; W.S. 1957, § 31-214.2; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

§§ 31-5-1001 and 31-5-1002. [Renumbered.]

Renumbered as §§ 31-18-801 and 31-18-802 by Laws 1993, ch. 68, § 3.

§ 31-5-1003. [Renumbered.]

Renumbered as § 31-18-803 by Laws 1993, ch. 68, § 4.

§§ 31-5-1004 and 31-5-1005. [Renumbered.]

Renumbered as §§ 31-18-804 and 31-18-805 by Laws 1993, ch. 68, § 3.

§ 31-5-1006. [Renumbered.]

Renumbered as § 31-18-806 by Laws 1993, ch. 68, § 4.

§§ 31-5-1007 and 31-5-1008. [Renumbered.]

Renumbered as §§ 31-18-807 and 31-18-808 by Laws 1993, ch. 68, § 3.

§ 31-5-1009. Prohibition of triple trailers.

Except for the provisions of W.S. 31-18-808 and 31-18-803(a) no vehicle combination composed of more than three (3) single vehicles shall operate by special permit, test permit, or otherwise on the highways of this state.

History. 1993 Initiative No. 2, § 1; Laws 2007, ch. 126, § 1.

The 2007 amendment, effective July 1, 2007, substituted “and 31-18-803(a)” for “, after July 1, 1993,” following “W.S. 31-18-808 .”

Editor's notes. —

This section was enacted by initiative, approved by the voters on November 3, 1992, certified by the secretary of state on November 12, 1992, and effective February 10, 1993.

§ 31-5-1101. Duty to stop vehicle where accident involves death or personal injuries; penalties.

1. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of W.S. 31-5-1103 . Every stop shall be made without obstructing traffic more than is necessary.
2. Any person failing to stop or to comply with subsection (a) of this section shall, upon conviction, be imprisoned not more than one (1) year, fined not more than five thousand dollars ($5,000.00), or both.

History. Laws 1955, ch. 225, § 20; C.S. 1945, § 60-620; W.S. 1957, § 31-218; Laws 1984, ch. 48, § 1.

Elements of this section are: (1) driving a vehicle; (2) involvement of the vehicle in an accident with another vehicle; and (3) failing to stop at the scene of the accident, furnish identification and render assistance. Huber v. Casper, 727 P.2d 1002, 1986 Wyo. LEXIS 635 (Wyo. 1986) (construing similar city ordinance).

License not revoked for conviction under municipal ordinance.—

The legislature did not intend that a person's driver's license would be revoked under § 31-7-127 when he is convicted of failing to stop and render aid under a municipal ordinance, even though such a revocation is the result of a conviction under this section. State ex rel. Department of Revenue & Taxation, Motor Vehicle Div. v. McNeese, 718 P.2d 38, 1986 Wyo. LEXIS 531 (Wyo. 1986).

Quoted in

Armijo v. State, 678 P.2d 864, 1984 Wyo. LEXIS 268 (Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and application of “amnesty” provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 ALR4th 907.

§ 31-5-1102. Duty to stop vehicle where accident involves damage to attended vehicle or property; penalty.

The driver of a vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to and remain at the scene of the accident until he has fulfilled the requirements of W.S. 31-5-1103 . Every stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with this section is guilty of a misdemeanor.

History. Laws 1955, ch. 225, § 21; C.S. 1945, § 60-621; W.S. 1957, § 31-219; Laws 1984, ch. 48, § 1.

Evidence sufficient for conviction. —

See Wood v. Casper, 683 P.2d 1147, 1984 Wyo. LEXIS 307 (Wyo. 1984).

Cited in

Wyoming Intermediate Appeals. Wood v. City of Casper, 660 P.2d 1163, 1983 Wyo. LEXIS 302 (Wyo. 1983).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and application of “amnesty” provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 ALR4th 907.

§ 31-5-1103. Duty to give information and render aid.

The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver’s license to the person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and to any police officer at the scene of or who is investigating the accident. The driver shall also render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that the treatment is necessary or if the carrying is requested by the injured person.

History. Laws 1955, ch. 225, § 22; C.S. 1945, § 60-622; W.S. 1957, § 31-220; Laws 1984, ch. 48, § 1.

Cross references. —

As to duty to carry driver's license, see § 31-7-116 .

As to mandatory revocation of driver's license or operating privilege upon conviction of failure to stop and render aid, see § 31-7-127(a)(iv).

Stated in

Wood v. City of Casper, 683 P.2d 1147, 1984 Wyo. LEXIS 307 (Wyo. 1984).

§ 31-5-1104. Duty upon colliding with unattended vehicle or property.

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or other property shall immediately stop and shall immediately either locate and notify the operator or owner of the vehicle or other property of his name, address and the registration number of the vehicle he is driving or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving his name, address and the registration number of the vehicle he is driving. Every stop shall be made without obstructing traffic more than is necessary.

History. Laws 1955, ch. 225, § 23; C.S. 1945, § 60-623; W.S. 1957, § 31-221; Laws 1984, ch. 48, § 1.

Section inapplicable to duty to other motorists. —

This section pertains to striking an unattended vehicle or property, and it relates to the driver's duty to the owner of that vehicle or property, and does not relate to his duty to warn other motorists of highway conditions. Haderlie v. Sondgeroth, 866 P.2d 703, 1993 Wyo. LEXIS 191 (Wyo. 1993).

Cited in

Bd. of Prof'l Responsibility v. Haderlie, 2015 WY 90, 2015 Wyo. LEXIS 102 (July 2, 2015).

§ 31-5-1105. Notice required of driver.

The driver of a vehicle involved in an accident resulting in injury to or death of any person, in property damage to another or others to an apparent extent of at least one thousand dollars ($1,000.00) or in any vehicle, excluding bicycles or any other vehicle moved solely by human power, becoming so disabled as to prevent its normal and safe operation, shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the nearest office of the state highway patrol or to the office of the county sheriff.

History. Laws 1955, ch. 225, § 25; C.S. 1945, § 60-625; W.S. 1957, § 31-223; Laws 1971, ch. 69, § 1; W.S. 1977, § 31-5-1106 ; Laws 1984, ch. 48, § 1; 1999, ch. 51, § 1.

Cross references. —

As to highway patrol division, see § 24-12-101 .

§ 31-5-1106. Written reports required of police officers; reporting of vehicles struck by bullets.

1. and (b) Repealed by Laws 2013, ch. 102, § 3.
2. Every police officer who investigates a motor vehicle accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000.00) or more, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses shall forward a written report of the accident to the highway department within ten (10) days after his investigation of the accident.
3. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the local police department if the garage is located within a municipality, otherwise to the county sheriff or nearest office of the state highway patrol, within twenty-four (24) hours after the motor vehicle is received by the garage or repair shop, giving the identifying number, registration number and the name and address of the owner or driver of the vehicle.

History. Laws 1955, ch. 225, § 26; C.S. 1945, § 60-626; W.S. 1957, § 31-224; Laws 1971, ch. 69, § 2; W.S. 1977, § 31-5-1107 ; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3; 1999, ch. 51, § 1; 2013, ch. 102, §§ 2, 3.

Cross references. —

As to highway patrol division, see § 24-12-101 .

The 2013 amendment, effective July 1, 2013, repealed former (a) and (b), which read: “(a) The driver of a vehicle which is involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000.00) or more shall, within ten (10) days after the accident, forward a written report of the accident to the highway department. (b) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department.” and substituted “resulting in bodily injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000.00) or more” for “of which report must be made as required in this section” in (c).

§ 31-5-1107. Duty of occupant and owner when driver incapable of reporting.

1. Repealed by Laws 2013, ch. 102, § 3.
2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in W.S. 31-5-1105 and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.
3. Repealed by Laws 2013, ch. 102, § 3.

History. Laws 1955, ch. 225, § 27; C.S. 1945, § 60-627; W.S. 1957, § 31-225; W.S. 1977, § 31-5-1108 ; Laws 1984, ch. 48, § 1; 2013, ch. 102, § 3.

The 2013 amendment, effective July 1, 2013, repealed former (a) and (c), which read: “(a) An accident report is not required under W.S. 31-5-1106 from any person who is physically incapable of making report during the period of incapacity. (c) Whenever the driver is physically incapable of making a written report of an accident as required in W.S. 31-5-1106 and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall within ten (10) days after the accident make the report not made by the driver.”

§ 31-5-1108. Report forms; failure to make report; false report.

1. The highway department shall prepare and upon request supply to police departments, coroners, sheriffs and other suitable agencies or individuals, forms for accident reports required hereunder, appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.
2. Every accident report required to be made in writing shall be made on the appropriate form approved by the highway department and shall contain all of the information required therein unless not available.
3. Every accident report shall also contain information sufficient to enable the department to determine whether the requirements for the deposit of security under any of the laws of this state are inapplicable by reason of the existence of insurance or other exceptions specified therein.
4. Repealed by Laws 2013, ch. 102, § 3.
5. A person shall not give information in oral or written reports as required in W.S. 31-5-1101 through 31-5-1111 knowing or having reason to believe that the information is false.

History. Laws 1955, ch 225, §§ 28, 29; C.S. 1945, § 60-629; W.S. 1957, §§ 31-226, 31-227; W.S. 1977, §§ 31-5-1109 , 31-5-1110 ; Laws 1984, ch. 48, § 1; 2013, ch. 102, §§ 2, 3.

The 2013 amendment, effective July 1, 2013, deleted “persons involved in accidents and by” in the second sentence in (a); and repealed former (d), which read: “Any person convicted of failing to make a report as required herein shall be punished as provided in W.S. 31-5-1201 .”.

§ 31-5-1109. [Repealed.]

Repealed by Laws 1985, ch. 212, § 4.

Cross references. —

As to coroner's inquests, see § 7-4-201 et seq.

Editor's notes. —

This section, which derived from Laws 1955, ch. 225, § 30, related to coroner's reports.

§ 31-5-1110. Confidentiality of supplemental information to reports; ;use of reports as evidence; exceptions.

1. Repealed by Laws 2013, ch. 102, §  3.
2. Supplemental information to a crash report filed in connection with the administration of the laws of this state relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection. The supplemental information may be examined by any person named therein or by his representative designated in writing.
3. No written reports forwarded under this section shall be used as evidence in any trial, civil or criminal, arising out of a crash except for prosecutions for filing false reports and, except that the highway department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified crash report has or has not been made to the highway department in compliance with law, and, if a report has been made, the date, time and location of the crash, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers.

History. Laws 1955, ch. 225, § 31; C.S. 1945, § 60-631; W.S. 1957, § 31-229; W.S. 1977, § 31-5-1112 ; Laws 1984, ch. 48, § 1; 2000, ch. 62, § 1; 2013, ch. 102, § 3; 2017, ch. 174, § 1.

Cross references. —

As to use of report as evidence, see § 31-9-209 .

The 2013 amendment, effective July 1, 2013, repealed former (a), which read: “(a) All accident reports made by persons involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other state agencies having use for the records for accident prevention purposes, except that: (i) The highway department may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his presence at the accident; (ii) The highway department shall disclose to any person requesting such information whether any person or vehicle was covered by a vehicle insurance policy and the name of the insurer.”

The 2017 amendment at the beginning of (b) substituted “Supplemental information to a crash report” for “All accident reports and supplemental information,” deleted “nor shall copying of lists of reports be permitted except” from the end of the current first sentence, deleted “reports and” from the beginning of the current last sentence, and made related changes; in (c) substituted “a crash” for “an accident” or variants thrice.

Laws 2017, ch. 174, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

Stated in

Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Law reviews. —

For note, “Admissibility of Testimony Re Facts Included in Confidential Accident Reports,” see 11 Wyo. L.J. 99.

Am. Jur. 2d, ALR and C.J.S. references. —

Discoverability of traffic accident reports and derivative information, 84 ALR4th 15.

§ 31-5-1111. Reports required by municipalities.

1. Any municipality may by ordinance require that the driver of a vehicle involved in a crash, or the owner of the vehicle, shall file with a designated city department a report of the crash or a copy of any report herein required to be filed with the highway department. All reports shall be subject to W.S. 31-5-1110 . Any crash report required of persons involved in crashes shall be without prejudice to the individual so reporting.
   1. and (ii) Repealed by Laws 2017, ch. 174, § 2.

History. Laws 1955, ch. 225, § 33; C.S. 1945, § 60-633; W.S. 1957, § 31-231; W.S. 1977, § 31-5-1114; Laws 1984, ch. 48, § 1; 2013, ch. 102, § 2; 2017, ch. 174, §§ 1, 2.

The 2013 amendment, effective July 1, 2013, added the last sentence in the introductory paragraph in (a); and added (a)(i) and (a)(ii).

The 2017 amendments. — The first 2017 amendment by ch. 174, § 1, in (a) substituted “a crash” for “an accident” or variants throughout the subsection, deleted “for the confidential use of the city department and” from the middle of the second sentence; and deleted “an shall be for the confidential use of the municipality for the accident prevention purposes, except that:,” from the end of the last sentence.

The second 2017 amendment, by ch. 174, § 2, repealed (a)(i) and (a)(ii).

Laws 2017, ch. 174, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-5-1112. Tabulation and analysis of reports.

The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.

History. Laws 1955, ch. 225, § 32; C.S. 1945, § 60-632; W.S. 1957, § 31-230; W.S. 1977, § 31-5-1113.

Editor's notes. —

Laws 1984, ch. 48 renumbered and amended all of chapter 5 of title 31, but failed to account for former § 31-5-1113. It has been set out above without any substantive changes but has been renumbered for numerical continuity with the amended provisions.

§ 31-5-1201. Violation of provisions to constitute misdemeanor; penalties; officer training fee.

1. It is a misdemeanor for any person to violate any of the provisions of this act or rules and regulations authorized under this act unless the violation is by this act or other law of this state declared to be a felony.
2. Every person convicted of a misdemeanor for a violation of any of the provisions of this act or rules and regulations authorized under this act for which another penalty is not provided shall:
   1. For a first conviction be punished by a fine of not more than two hundred dollars ($200.00);
   2. For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00);
   3. For a third or subsequent conviction of the same offense within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.
3. Evidence of a prior conviction or convictions under subsection (a) of this section shall not be introduced during the trial of any case, but shall be introduced only after the completion of the trial for the purpose of determining the penalty to be imposed upon a conviction hereunder.
4. Except as provided in subsection (g) of this section:
   1. through (iii)  Repealed by  Laws 2018, ch. 117, § 2.
   2. Convictions shall not be considered pursuant to W.S. 31-7-129(a)(i) for driver license suspensions for speeding violations of less than eighty (80) miles per hour where the posted speed limit is at least sixty-five (65) miles per hour or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except speeding violations in school zones, or construction zones;
   3. Notwithstanding W.S. 5-9-107 , court fees and costs for violations of W.S. 31-5-301(b) or (c) and the training fee imposed under subsection (h) of this section shall not be assessed for speeds through five (5) miles per hour over the speed limits authorized by W.S. 31-5-301(b) or (c);
   4. Except for violations in construction or school zones, every person convicted of a violation of W.S. 31-5-301(b)(iii), (iv), (vi), (vii) or (c):
      1. For speeds less than six (6) miles per hour over the legal speed limit, shall be fined five dollars ($5.00) for each mile per hour in excess of the legal speed limit not to exceed twenty-five dollars ($25.00);
      2. For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined thirty dollars ($30.00) plus two dollars ($2.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs;
      3. For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined forty-five dollars ($45.00) plus five dollars ($5.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs;
      4. For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus five dollars ($5.00) for each mile per hour in excess of twenty (20) miles per hour over the legal speed limit plus assessed fees and costs.
   5. Every person convicted of a violation of W.S. 31-5-301(b)(ii) or speeding in a construction zone:
      1. For speeds less than six (6) miles per hour over the legal speed limit, shall be fined sixty-five dollars ($65.00) plus two dollars ($2.00) for each mile per hour in excess of the legal speed limit;
      2. For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined forty dollars ($40.00) plus seven dollars ($7.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs;
      3. For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus seven dollars ($7.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs;
      4. For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined one hundred ninety-five dollars ($195.00) plus seven dollars ($7.00) for each mile per hour in excess of twenty (20) miles per hour over the legal speed limit plus assessed fees and costs.
   6. Every person convicted of a violation of speeding in a school zone under W.S. 31-5-301(b)(i):
      1. For speeds less than six (6) miles per hour over the legal speed limit, shall be fined fifty dollars ($50.00) plus two dollars ($2.00) for each mile per hour in excess of the legal speed limit;
      2. For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus ten dollars ($10.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs;
      3. For speeds more than ten (10) miles per hour over the legal speed limit, shall be fined two hundred dollars ($200.00) plus ten dollars ($10.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs;
      4. Upon any subsequent conviction of exceeding the legal speed limit in a school zone as provided in W.S. 31-5-301(b)(i) by more than ten (10) miles per hour within one (1) year, a person shall be fined not less than three hundred ninety-five dollars ($395.00) nor more than one thousand dollars ($1,000.00) plus assessed fees and costs.
5. Any person convicted of a violation of W.S. 31-5-507(a) shall be fined not less than one hundred ninety-five dollars ($195.00) nor more than seven hundred forty-five dollars ($745.00) plus assessed fees and costs. Upon any subsequent conviction of a violation of W.S. 31-5-507(a) within one (1) year, a person shall be fined not less than three hundred ninety-five dollars ($395.00) nor more than nine hundred ninety-five dollars ($995.00) plus assessed fees and costs.
6. Any person convicted of violating W.S. 31-5-229 shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
7. In addition to any other penalty, every person convicted of violating W.S. 31-5-301(b), (c) or 31-5-302 by exceeding the legal speed limit by six (6) or more miles per hour while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding thirty-nine thousand (39,000) pounds shall be fined two hundred ninety-five dollars ($295.00) plus assessed fees and costs.
8. Every person convicted of a violation for which a fine or penalty is set forth under this section shall have imposed in addition to the prescribed fine or penalty and any court fees a police officer continuing education and training fee of five dollars ($5.00) except as provided in paragraph (d)(v) of this section. The fee shall be for police officer as defined in W.S. 31-5-102(a)(xxxiii) continuing education and training that complies with standards promulgated by the peace officers standards and training commission and shall be remitted as provided by W.S. 5-3-205(a)(iii) and 5-9-144 to the account in the enterprise fund under W.S. 9-1-633(n).
9. Any person convicted of a misdemeanor for a violation of any of the provisions under W.S. 31-5-1102 through 31-5-1108 shall:
   1. For a first conviction be punished by a fine of not more than two hundred dollars ($200.00), by imprisonment for not more than twenty (20) days, or both;
   2. For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both;
   3. For a third or subsequent conviction of the same offense within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.

History. Laws 1955, ch. 225, § 147; C.S. 1945, § 60-747; W.S. 1957, § 31-234; Laws 1976, ch. 23, § 1; 1980, ch. 22, § 1; 1984, ch. 48, § 1; 1985, ch. 183, § 1; 1987, ch. 131, § 1; 1987, Sp. Sess., ch. 4, § 1; 1997, ch. 61, § 1; 1997, Sp. Sess., ch. 2, § 1; 1998, ch. 46, § 1; 1999, ch. 127, § 1; 2000, ch. 24, § 4; 2004, ch. 64, § 1; 2007, ch. 192, § 1; 2009, ch. 193, § 1; 2015, ch. 139, § 1; ch. 109, § 1; 2016, ch. 43, § 1; ch. 114, § 1; 2018, ch. 117, §§ 1, 2; 2020, ch. 96, § 1.

The 2004 amendment, effective July 1, 2004, in (d)(iv), inserted “posted” before “speed limit” and substituted “at least sixty-five (65) miles per hour or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except speeding violations in school zones, or construction zones” for “sixty-five (65) through seventy-five (75) miles per hour.”

The 2007 amendment, effective July 1, 2007, rewrote (e).

The 2009 amendment, effective July 1, 2009, rewrote (g) which read: “In addition to any other penalty, every person convicted of violating W.S. 31-5-301(b)(iii) by exceeding a speed of eighty (80) miles per hour, or W.S. 31-5-301(b)(iv) by exceeding a speed of seventy (70) miles per hour, or W.S. 31-5-301(c) by exceeding the posted speed limit in a construction zone established under W.S. 31-5-302 by six (6) miles per hour, while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding twenty-six thousand (26,000) pounds shall be fined one hundred dollars ($100.00).”

The 2015 amendments. — The first 2015 amendment, by ch. 109, § 1, effective July 1, 2015, in (d)(i), inserted “W.S. 31-5-301(b)(vi), for speeds of eighty-one (81) through eighty-five (85) miles per hour”; in (d)(ii), inserted “W.S. 31-5-301(b)(vi), for speeds above eighty-five (85) miles per hour, or” twice, and substituted “speeds above eighty (80)” for “a speed of eighty (80)”; in (d)(v), substituted “W.S. 5-9-107 ” for “W.S. 5-4-207 and 5-9-107 ” and “W.S. 31-5-301(b)(iii), (iv) or (vi)” for “W.S. 31-5-301(b)(iii) or (iv)” twice; in (g), substituted “W.S. 31-5-301(b)(iii), (iv), (vi) or (c)” for “W.S. 31-5-301(b)(iii), (iv) or (c)”; and made related changes.

The second 2015 amendment, by ch. 139, § 1, in (d)(i), inserted “W.S. 31-5-301(b)(vi), for speeds of eighty-one (81) through eighty-five (85) miles per hour”; in (d)(iii), inserted “W.S. 31-5-301(b)(vi), for speeds above eighty-five (85) miles per hour, or” twice, and substituted “speeds above eighty (80)” for “a speed of eighty (80)”; in (d)(v), substituted “W.S. 5-9-107 ” for “W.S. 5-4-207 and 5-9-107 ” and “W.S. 31-5-301(b)(iii), (iv) or (vi)” for “W.S. 31-5-301(b)(iii)or (iv)” twice; in (g), substituted “W.S. 31-5-301(b)(iii), (iv), (vi) or (c)” for “W.S. 31-5-301(b)(iii), (iv) or (c)”; and made related changes.

Laws 2015, ch. 139, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendments. — The first 2016 amendment, by ch. 43 § 1, effective July 1, 2016, substituted “thirty-nine thousand (39,000)” for “twenty-six thousand (26,000)” in (g).

The second 2016 amendment, by ch. 114 § 1, in (d)(i), inserted “W.S. 31-5-301(b)(vii), for speeds of seventy-one (71) through seventy-five (75) miles per hour” preceding “or W.S. 31-5-301(b)(iv)”; in (d)(ii), in the first sentence, inserted “W.S. 31-5-301(b)(vii), for speeds above seventy-five (75) miles per hour, or,” deleted “at or” preceding “above,” and substituted “the legal speed limit” for “seventy (70) miles per hour”; in (d)(v), substituted “(vi) or (vii)” for “or (vi)” twice and substituted “five (5)” for “four (4)”; and in (g) inserted “(vii)” following “(vi),” substituted “thirty-nine thousand (39,000)” for “twenty-six thousand (26,000),” and made a stylistic change.

This section is set out as reconciled by the Wyoming legislative service office.

Laws 2016 ch. 114, § 3, makes the act effective upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 15, 2016.

The 2018 amendments. — The first 2018 amendment, by ch. 117, § 1, effective July 1, 2018, rewrote (d)(v), which read: “Notwithstanding W.S. 5-9-107 , court costs for violations of W.S. 31-5-301(b)(iii), (iv), (vi) or (vii) shall not be assessed for speeds up to five (5) miles per hour over the speed limits authorized by W.S. 31-5-301(b)(iii), (iv), (vi) or (vii)”; added (d)(vi) through (d)(viii); rewrote (e), which read: “Any person convicted of a violation of W.S. 31-5-507(a) or convicted of exceeding the posted speed limit in a school zone as provided in W.S. 31-5-301(b)(i) by more than ten (10) miles per hour shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Upon any subsequent conviction of either a violation of W.S. 31-5-507(a) or a conviction of exceeding the posted speed limit in a school zone as provided in W.S. 31-5-301(b)(i) by more than ten (10) miles per hour within one (1) year, a person shall be fined not less than four hundred dollars ($400.00) nor more than one thousand dollars ($1,000.00)”; in (g), substituted “W.S. 31-5-301(b), (c) or 31-5-302 ” for “W.S. 31-5-301(b)(iii), (iv), (vi), (vii) or (c) or 31-5-302 ” following “violating,” substituted “legal” for “posted” preceding “speed limit,” and substituted “two hundred ninety-five dollars ($295.00) plus assessed fees and costs” for “three hundred dollars ($300.00)” at the end; and added (h).

The second 2018 amendment, by ch. 117, § 2, effective July 1, 2018, repealed former (d)(i) through (d)(iii) which read: “(i) Every person convicted of a violation of W.S. 31-5-301(b)(vi), for speeds of eighty-one (81) through eighty-five (85) miles per hour, W.S. 31-5-301(b)(iii), for speeds of seventy-six (76) through eighty (80) miles per hour, W.S. 31-5-301(b)(vii), for speeds of seventy-one (71) through seventy-five (75) miles per hour, or W.S. 31-5-301(b)(iv), for speeds of sixty-six (66) through seventy (70) miles per hour, shall be fined five dollars ($5.00) for each mile per hour in excess of the legal speed limit not to exceed twenty-five dollars ($25.00); (ii) Every person convicted of a violation of W.S. 31-5-301(b)(vii), for speeds above seventy-five (75) miles per hour, or W.S. 31-5-301(b)(iv), for speeds above seventy (70) miles per hour, shall be fined twenty-five dollars ($25.00) plus three dollars ($3.00) per mile for each mile per hour in excess of the legal speed limit with assessed court costs; (iii) Every person convicted of a violation of W.S. 31-5-301(b)(vi), for speeds above eighty-five (85) miles per hour, or W.S. 31-5-301(b)(iii), for speeds above eighty (80) miles per hour, shall be fined at the discretion of the judge but not less than thirty-five dollars ($35.00) nor more than the maximum penalties provided by subsection (b) of this section, with assessed court costs which shall also apply to a violation of W.S. 31-5-301(b)(vi) for speeds above eighty-five (85) miles per hour or W.S. 31-5-301(b)(iii) for speeds above eighty (80) miles per hour.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendment, effective July 1, 2020, in (b)(i) deleted “by imprisonment for not more than twenty (20) days, or both” at the end; in (b)(ii) deleted “or by imprisonment for not more than thirty (30) days, or both” at the end; and added (j).

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsection (a) and in the introductory language of subsection (b), see § 31-5-102(a)(lix).

Applicability of exclusion in subsection (d). —

Subsection (d)(iii) does not prevent the motor vehicle division from including as a moving violation for purposes of a suspension proceeding, pursuant to § 31-7-129(a)(i), a violation for speeding less than 75 miles per hour in a 50-mile-per-hour zone; the exclusion contained in subsection (d)(iii) comes into effect only if the speed limit specifically set in § 31-5-301(b)(iii) (55 (now 75) miles per hour) has been violated. Department of Revenue & Taxation, Motor Vehicle Div. v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983); Department of Revenue & Taxation v. Guadagnoli, 677 P.2d 823, 1984 Wyo. LEXIS 262 (Wyo. 1984) (decided prior to 1984 revision of this title).

Prolonged detention not supported. —

Officer had probable cause to stop defendant because officer had observed a speeding violation, but the prolonged detention and pat-down search of defendant was not supported by a reasonable suspicion of criminal activity based alone on defendant's unusual nervousness, that the car floor covered with fast food wrappers, and that luggage was in the back seat, and as such evidence of drugs found in defendant's trunk was suppressed. Damato v. State, 2003 WY 13, 64 P.3d 700, 2003 Wyo. LEXIS 15 (Wyo. 2003).

Stated in

Phelps v. State, 2012 WY 87, 278 P.3d 1148, 2012 Wyo. LEXIS 92 (June 19, 2012).

Cited in

Grayson v. Williams, 256 F.2d 61, 1958 U.S. App. LEXIS 4930 (10th Cir. 1958).

Am. Jur. 2d, ALR and C.J.S. references. —

Entrapment to commit traffic offense, 34 ALR4th 1167.

§ 31-5-1202. Parties to crime.

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared herein [in this chapter] to be a crime, whether individually or in connection with one (1) or more other persons or as a principal, agent or accessory, is guilty of the offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this act is likewise guilty of the offense.

History. Laws 1955, ch. 225, § 148; C.S. 1945, § 60-748; W.S. 1957, § 31-235; Laws 1984, ch. 48, § 1.

Cross references. —

As to criminal liability, see § 6-1-201 et seq.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

§ 31-5-1203. Unlawful acts by persons owning or controlling vehicles.

It is unlawful for the owner or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.

History. Laws 1955, ch. 225, § 149; C.S. 1945, § 60-749; W.S. 1957, § 31-236; Laws 1984, ch. 48, § 1.

§ 31-5-1204. Authority to make arrest; general arrest procedures; arrest of nonresidents.

1. The authority of a police officer to make an arrest is the same as upon an arrest for a felony when the officer has reasonable and probable grounds to believe that the person arrested has committed any of the following offenses and the manner of making arrests shall be as in misdemeanor cases:
   1. Negligent homicide or homicide by vehicle;
   2. Driving or being in actual physical control of a vehicle while under the influence of alcohol or any substance as prohibited by W.S. 31-5-233 ;
   3. Failure to stop, failure to give information or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries as prescribed in W.S. 31-5-1101 and 31-5-1103 ;
   4. Failure to stop or give information in the event of an accident resulting in damage to a vehicle or other property as prescribed in W.S. 31-5-1102 through 31-5-1104 ;
   5. Reckless driving;
   6. Racing on the highway; or
   7. Willfully fleeing from or attempting to elude a police officer.
2. Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper court as specified in W.S. 31-5-1205(g), except that in the case of any of the offenses designated in paragraphs (a)(iv) through (vii) of this section, a police officer shall have the same discretion as is provided in other cases in subsection (d) of this section.
3. Whenever any person is halted by a police officer for any violation of this act, he shall be taken without unnecessary delay before the proper court as specified in W.S. 31-5-1205(g), in any of the following cases:
   1. When the person demands an immediate appearance before a judge; or
   2. In any other event when the person is issued a traffic citation by a police officer and refuses to give his promise to appear in court manifested by his refusal to accept the citation.
4. Whenever any person is halted by a police officer for any violation of this act and is not required to be taken before a court as provided by subsection (c) of this section, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper judge, as specified in W.S. 31-5-1205(g), in any of the following cases:
   1. When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a promise to appear in court;
   2. When the person is charged with a violation of W.S. 31-5-959 , relating to vehicles transporting hazardous materials;
   3. When the person is charged with a violation of W.S. 31-18-804 .
5. A police officer who arrests a nonresident of this state for any violation of this act may instead of issuing a traffic citation containing notice to appear in court, take the nonresident without unnecessary delay before the proper court, as specified in W.S. 31-5-1205(g) or pursuant to W.S. 31-5-1205(h) require that the bond be posted in accord with an adopted bond schedule and which may be accepted by the arresting officer for delivery to the court.

History. Laws 1955, ch. 225, § 150; C.S. 1945, § 60-750; W.S. 1957, § 31-237; Laws 1973, ch. 166, § 1; 1982, ch. 51, § 1; 1984, ch. 48, § 1; 2011, ch. 167, § 1.

Cross references. —

As to homicide by vehicle, see § 6-2-106 .

The 2011 amendment, effective July 1, 2011, deleted “written” preceding “promise” in (c)(ii) and (d)(i); and in (c)(ii), substituted “manifested by his refusal to accept the citation” for “as hereinafter provided.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Authority statutes. —

Both § 7-2-103 and this section are authority statutes, in that they address only what a peace officer may do in his official capacity without running afoul of the due process provisions of the United States and Wyoming Constitutions; they are not jurisdictional statutes. State v. Stahl, 838 P.2d 1193, 1992 Wyo. LEXIS 147 (Wyo. 1992).

Discretionary function. —

District court properly dismissed wrongful death action against police officer who did not arrest an intoxicated motorist following a traffic stop; a police officer's decision to arrest is a discretionary function, not mandated by Wyoming statutes. McCoy v. Crook County Sheriff's Dep't, 987 P.2d 674, 1999 Wyo. LEXIS 146 (Wyo. 1999).

Municipal peace officer acting without warrant may not lawfully arrest an individual for DWUI outside of the boundaries of the municipality which he serves, unless such arrest is the result of fresh pursuit. State v. Stahl, 838 P.2d 1193, 1992 Wyo. LEXIS 147 (Wyo. 1992).

Sheriff could have owed a duty to have arrested intoxicated driver. —

Trial court erred in dismissing a wrongful death action brought by mother against sheriff and county, on behalf of her son who was killed by an intoxicated driver; after determining that the intoxicated driver immediately intended to drive to follow an ambulance to the hospital to be with an injured friend, the sheriff had a duty to do what an ordinarily prudent law enforcement officer would have done under like circumstances. Becker v. Mason, 2006 WY 143, 145 P.3d 1268, 2006 Wyo. LEXIS 155 (Wyo. 2006).

Applied in

Sandborn v. State, 735 P.2d 435, 1987 Wyo. LEXIS 420 (Wyo. 1987); Coryell v. Town of Pinedale, 745 P.2d 883, 1987 Wyo. LEXIS 541 (Wyo. 1987).

§ 31-5-1205. Traffic citations; notice to appear in court; release upon written promise to appear; procedure before judge or court; arrest for driving under the influence.

1. Whenever a person is halted by a police officer for any violation of this act punishable as a misdemeanor, and is not taken before a judge as required or permitted, the officer shall prepare a written traffic citation containing a notice to appear in court.
2. The time specified in the notice to appear must be at least five (5) days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a judge as designated in subsection (g) of this section.
4. The person charged with the violation may give his promise to appear in court by accepting at least one (1) copy of the written traffic citation prepared by the officer, in which event the officer shall deliver a copy of the citation to the person, and thereupon, the officer shall not take the person into physical custody for the violation.
5. Any officer violating any of the provisions of this section is guilty of misconduct in office and is subject to removal from office.
6. Except for felonies and those offenses enumerated in W.S. 31-5-1204(a)(i), (ii) and (iii), a police officer at the scene of a traffic accident may issue a written traffic citation, as provided in subsection (a) of this section, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this act in connection with the accident.
7. Whenever any person is taken before a judge or is given a written traffic citation containing a notice to appear before a judge, the judge shall be a judge within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred. For the purpose of this section, the terms “judge” and “court” includes judges and courts having jurisdiction of offenses under this act as committing judges and courts and those having jurisdiction of the trials of the offenses.
8. Whenever any person is taken into custody by a police officer for the purpose of taking him before a judge or court as authorized or required in this act upon any charge other than a felony or the offenses enumerated in W.S. 31-5-1204(a)(i), (ii) and (iii), and no judge is available at the time of arrest, and there is no bail schedule established by the judge or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the judge or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his acceptance of the citation signifying his promise to appear as provided in subsection (d) of this section.
9. The procedure prescribed by this section is not exclusive to this act, but is applicable in all proceedings arising out of an alleged violation of a statute, ordinance or regulation relating to operation or use of any vehicle or to use of the highways.
10. If a person is arrested, cited or issued a summons for violation of W.S. 31-5-233 or a municipal ordinance which substantially conforms to the provisions of W.S. 31-5-233 or for a violation as defined in W.S. 31-5-234(d), he shall surrender possession of his physical driver’s license, if applicable, whether issued in Wyoming or another jurisdiction, to the arresting or issuing officer. In addition to other requirements of this section and W.S. 31-5-1204 , the officer shall issue a temporary license pursuant to W.S. 31-6-102 , 31-6-108 or 31-7-138 to the person arrested or cited and shall forward the surrendered license to the department.

History. Laws 1955, ch. 225, § 151; C.S. 1945, § 60-751; W.S. 1957, § 31-238; Laws 1973, ch. 166, § 1; 1984, ch. 41, § 3, ch. 48, § 1; 1985, ch. 211, § 1; ch. 234, § 1; 1987, ch. 131, § 1; 1991, ch. 241, § 3; 1998, ch. 102, § 2; 2011, ch. 167, § 1; 2020, ch. 15, § 1.

The 2011 amendment, effective July 1, 2011, in (d), deleted “written” preceding “promise,” and substituted “accepting” for “signing”; and in (h), substituted “acceptance of the citation signifying his” for “signing a.”

The 2020 amendment, effective July 1, 2020, in (k), added “physical” preceding “driver’s license” and “if applicable” following “driver’s license.”

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

No legal duty to arrest. —

District court properly dismissed wrongful death action against police officer who did not arrest an intoxicated motorist following a traffic stop; a police officer's decision to arrest is a discretionary function, not mandated by Wyoming statutes. McCoy v. Crook County Sheriff's Dep't, 987 P.2d 674, 1999 Wyo. LEXIS 146 (Wyo. 1999).

Sheriff could have owed a duty to have arrested intoxicated driver. —

Trial court erred in dismissing a wrongful death action brought by mother against sheriff and county, on behalf of her son who was killed by an intoxicated driver; after determining that the intoxicated driver immediately intended to drive to follow an ambulance to the hospital to be with an injured friend, the sheriff had a duty to do what an ordinarily prudent law enforcement officer would have done under like circumstances. Becker v. Mason, 2006 WY 143, 145 P.3d 1268, 2006 Wyo. LEXIS 155 (Wyo. 2006).

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “minor traffic infraction” excludible from calculation of defendant's criminal history under United States Sentencing Guideline § 4A1.2(c)(2), 113 ALR Fed 561.

§ 31-5-1206. Violation of promise to appear; appearance by counsel.

1. It is unlawful for any person to violate his promise to appear given to an officer upon the issuance of a traffic citation regardless of the disposition of the charge for which the citation was originally issued.
2. A promise to appear in court may be complied with by an appearance by counsel.
3. Failure to appear as defined in this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

History. Laws 1955, ch. 225, § 152; C.S. 1945, § 60-752; W.S. 1957, § 31-239; Laws 1984, ch. 48, § 1; 1998, ch. 45, § 1; 2011, ch. 167, § 1.

The 2011 amendment, effective July 1, 2011, in (a) and (b), deleted “written” preceding “promise.”

§ 31-5-1207. Procedure not exclusive.

The provisions of W.S. 31-5-1204 through 31-5-1206 shall govern all police officers in making arrests without a warrant for violations of this act, but the procedure prescribed herein is not exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

History. Laws 1955, ch. 225, § 153; C.S. 1945, § 60-753; W.S. 1957, § 31-240; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes “minor traffic infraction” excludible from calculation of defendant's criminal history under United States Sentencing Guideline § 4A1.2(c)(2), 113 ALR Fed 561.

§ 31-5-1208. Inadmissibility of evidence of conviction.

No evidence of the conviction of any person for any violation of this act is admissible in any court in any civil action.

History. Laws 1955, ch. 225, § 154; C.S. 1945, § 60-754; W.S. 1957, § 31-241; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Purpose of section. —

See Haley v. Dreesen, 532 P.2d 399, 1975 Wyo. LEXIS 132 (Wyo. 1975).

Plea of guilty and conviction are not same thing. Haley v. Dreesen, 532 P.2d 399, 1975 Wyo. LEXIS 132 (Wyo. 1975).

And use of guilty plea not prohibited. —

It is reasonable to assume that when this section was enacted prohibiting the use of a conviction in a civil trial, the legislature did not include a plea of guilty therein. Haley v. Dreesen, 532 P.2d 399, 1975 Wyo. LEXIS 132 (Wyo. 1975).

Evidence that driver given traffic citation harmless errorin trial to court. —

In an action arising out of an automobile collision, this section appears to exclude evidence that the driver had been given a citation for a traffic violation and that he had forfeited the bond given in connection therewith, but in a trial to the court without a jury, if there is error it is not prejudicial. Adams v. Erickson, 394 F.2d 171, 1968 U.S. App. LEXIS 6998 (10th Cir. Wyo. 1968).

§ 31-5-1209. Effect of conviction upon credibility of witness.

The conviction of a person upon a charge of violating any provision of this act or other traffic regulation less than a felony shall not affect or impair the credibility of the person as a witness in any civil or criminal proceeding.

History. Laws 1955, ch. 225, § 155; C.S. 1945, § 60-755; W.S. 1957, § 31-242; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

§ 31-5-1210. Traffic citation books.

The chief administrative officer of every traffic enforcement agency is responsible for the issuance of traffic citation books and shall maintain a record of every book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued.

History. Laws 1955, ch. 225, § 156; C.S. 1945, § 60-756; W.S. 1957, § 31-243; Laws 1984, ch. 48, § 1.

§ 31-5-1211. Disposition and records of traffic citations.

1. Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.
2. Upon the deposit of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, the original or copy of the traffic citation may be disposed of only by trial in court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom the traffic citation was issued by the traffic enforcement officer.
3. It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required by this act.
4. The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.
5. The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.

History. Laws 1955, ch. 225, § 157; C.S. 1945, § 60-757; W.S. 1957, § 31-244; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-5-102(a)(lix).

§ 31-5-1212. Audit of traffic citation records; annual summary of traffic violation notices.

1. Every record of traffic citations required in W.S. 31-5-1201 through 31-5-1214 , shall be audited annually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.
2. The fiscal officer shall publish or cause to be published an annual summary of all traffic violation notices issued by the traffic enforcement agency and the dispositions thereof in at least one (1) local daily newspaper of general circulation.

History. Laws 1955, ch. 225, § 158; C.S. 1945, § 60-758; W.S. 1957, § 31-245; Laws 1984, ch. 48, § 1.

§ 31-5-1213. Use of citations as lawful complaints.

In the event the form of citation provided under W.S. 31-5-1210 includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then the citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this act.

History. Laws 1955, ch. 225, § 159; C.S. 1945, § 60-759; W.S. 1957, § 31-246; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-5-102(a)(lix).

Unsworn traffic citation invokes municipal court's jurisdiction.—

An unsworn traffic citation which was issued and which charged a violation of a town ordinance was sufficient to invoke the jurisdiction of the municipal court. Freeman v. Lusk, 717 P.2d 331, 1986 Wyo. LEXIS 524 (Wyo. 1986).

§ 31-5-1214. Record of traffic cases; reports of convictions.

1. Every judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to the court and shall keep a record of every official action by the court in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint or citation deposited with or presented to the court.
2. Except as provided in subsection (g) of this section, within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of this act or other law regulating the operation of vehicles on highways every clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the court record covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.
3. The abstract must be made upon a form furnished by the department and shall include the name and address of the party charged, the number, if any, of his driver’s license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited and the amount of the fine or forfeiture as the case may be.
4. Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
5. The failure, refusal or neglect of any judicial officer to comply with any of the requirements of this section constitutes misconduct in office and is grounds for removal therefrom.
6. The department shall keep all abstracts received hereunder at its main office and the abstracts shall be open to public inspection during reasonable business hours.
7. Upon implementation of a case management system in a circuit court or district court, the supreme court shall, on behalf of the circuit court or district court, furnish the abstract of the court record required under this section to the department. The abstract furnished under this section shall include the information required in W.S. 7-19-107(k).

History. Laws 1955, ch. 225, § 160; C.S. 1945, § 60-760; W.S. 1957, § 31-247; Laws 1984, ch. 48, § 1; 2004, ch. 42, § 1; 2020, ch. 4, § 1.

Cross references. —

As to numbers assigned to drivers' licenses, see § 31-7-115 .

As to records to be kept by motor vehicle division, see § 31-7-120 .

As to reporting of convictions by courts to motor vehicle division, see § 31-7-126 .

The 2004 amendment, in (a), deleted “justice of the peace or” preceding “judge of a court”; and in (b) deleted “justice of peace of the court or” following “vehicles on highways every.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2020 amendment, effective July 1, 2020, in (b), added “Except as provided in subsection (g) of this section” and substituted “court record” for “record of the court”; and added (g).

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (b), see § 31-5-102(a)(lix).

Cited in

McCord v. DOT, Bureau of Driver Licensing, 834 A.2d 1257, 2003 Pa. Commw. LEXIS 776 (2003)

§ 31-5-1301. Short title.

This article is known and may be cited as the “Child Safety Restraint Act.”

History. Laws 1985, ch. 58, § 1.

§ 31-5-1302. Definitions.

1. As used in this article:
   1. “Child safety restraint system” means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable federal motor vehicle safety standards in effect at the time of manufacture;
   2. Repealed by Laws 2003, ch. 197, § 2.
   3. “Emergency vehicle” means any fire department vehicle, police, sheriff’s department or highway patrol vehicle, civil defense vehicle, ambulance, hearse or other vehicle used primarily for emergency purposes;
   4. “Motor vehicle” means every vehicle which is self-propelled;
   5. “Passenger vehicle” means a motor vehicle designed to carry people and that was equipped with safety belts at the time of manufacture, excluding:
      1. Emergency and law enforcement vehicles;
      2. School buses as defined under W.S. 31-5-102(a)(xlii), including buses registered to a private school or church used to transport children to or from school or church or in connection with school or church activities;
      3. Buses, or other vehicles designed and used for public transportation, whether intrastate or interstate, that were not equipped with safety belts at the time of manufacture.
   6. and (vii) Repealed by Laws 2003, ch. 197, § 2.

History. Laws 1985, ch. 58, § 1; 1998, ch. 86, § 1; 2003, ch. 197, § 2; 2005, ch. 14, § 1.

The 2005 amendment restructured (a)(v), transferring the exclusion for emergency and law enforcement vehicles to (a)(v)(A), and adding (a)(v)(B) and (a)(v)(C).

Laws 2005, ch. 14, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-5-1303. Child safety restraint system; required use; exception.

1. Except as otherwise provided in subsection (b) of this section, no person shall operate a passenger vehicle in this state unless each child who is a passenger in that vehicle and who has not reached his ninth birthday is properly secured in a child safety restraint system in a seat of the vehicle other than the front seat, except if the vehicle is only equipped with one (1) row of seats, or if all safety belts in the rows of seats behind the front seat are in use by other child passengers in the vehicle, the child may be properly secured in a child safety restraint system in the front passenger seat of the vehicle, except that a rear-facing infant seat shall not be placed in front of an active airbag.
2. Any child who is within the age requirements specified in subsection (a) of this section need not be properly secured in a child safety restraint system if:
   1. A licensed physician has determined that the weight or physical or medical condition of the child requires that the child not be secured in such a system. The person operating a passenger vehicle transporting such a child shall carry in the vehicle the physician’s signed statement certifying that the child should not be secured in a child restraint system;
   2. through (v) Repealed by Laws 1998, ch. 86, § 2.
   3. The driver of the vehicle is rendering aid or assistance to the child or his parent or guardian;
   4. The lap and shoulder belts of the vehicle will fit properly across the collarbone, chest and hips of the child and the belts do not pose a danger to the neck, face or abdominal area of the child in the event of a crash or sudden stop.

History. Laws 1985, ch. 58, § 1; 1998, ch. 86, §§ 1, 2; 2003, ch. 197, § 1; 2005, ch. 14, § 1.

The 2005 amendment deleted language relating to weight restrictions in (a) and (b); in (a) also changed the age requirement for a child safety seat restraint from eight years to nine years, added the proviso that if all other child safety seat restraints were in use behind the front seat the child could be properly secured in a child safety restraint system in the front, adding an exception; and added (b)(vii).

Laws 2005, ch. 14, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

Stated in

Michael v. Hertzler, 900 P.2d 1144, 1995 Wyo. LEXIS 136 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death, 46 ALR5th 557.

§ 31-5-1304. Penalty.

1. Any person who violates this article shall be issued a citation and fined not more than fifty dollars ($50.00) for the first offense, provided that the fine shall be waived by the court upon receipt of proof by the court that the offender, after the offense occurred, has purchased, leased or otherwise acquired a child safety restraint system which meets the requirements of this article. For a second or subsequent violation of this article, the offender shall be fined not more than one hundred dollars ($100.00).
2. Any person who uses a child safety restraint system in a manner other than in accordance with the manufacturer’s instructions is guilty of a violation of this article and shall be fined as provided in subsection (a) of this section.

History. Laws 1985, ch. 58, § 1; 1998, ch. 86, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death, 46 ALR5th 557.

§ 31-5-1305. Limiting application.

Violation of this article does not constitute evidence of negligence or recklessness and does not constitute a basis for criminal prosecution except as set forth in this article.

History. Laws 1985, ch. 58, § 1.

§ 31-5-1401. Definitions.

1. As used in this act:
   1. “Emergency vehicle” means as defined in W.S. 31-5-1302(a)(iii);
   2. “Passenger vehicle” means a vehicle which is self-propelled and designed to carry eleven (11) persons or less and primarily used to transport persons, including autocycles and pickup trucks but excluding emergency vehicles, motorcycles and buses;
   3. “Police officer” means as defined in W.S. 31-5-102(a)(xxxiii);
   4. “Safety belt” means a passenger restraint which was installed when the vehicle was manufactured;
   5. “Vehicle” means as defined in W.S. 31-5-102(a)(lviii);
   6. “This act” means W.S. 31-5-1401 and 31-5-1402 .

History. Laws 1989, ch. 274, § 1; 2017, ch. 165, § 1.

The 2017 amendment, in (a)(ii),added “autocycles and” to the definition of “Passenger vehicle”.

Laws 2017, ch. 165, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-5-1402. Safety belts required to be used; exceptions; reduction in fine.

1. Each driver and passenger of a motor vehicle operated in this state shall wear, and each driver of a motor vehicle shall require that a passenger under twelve (12) years of age shall wear, a properly adjusted and fastened safety belt when the motor vehicle is in motion on public streets and highways.
2. Subsection (a) of this section does not apply to:
   1. Any person who has a written statement from a physician that it is not advisable for the person to wear a safety belt for physical or medical reasons;
   2. Any passenger vehicle which is not required to be equipped with safety belts under federal law;
   3. A carrier of the United States postal service performing duties as a postal carrier;
   4. Any person properly secured in a child safety restraint system in accordance with W.S. 31-5-1301 through 31-5-1305 ; or
   5. Any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt.
3. No violation of this section shall:
   1. Be counted as a moving violation for the purpose of suspending a driver’s license under W.S. 31-7-129 ;
   2. Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31-5-1214 .
4. No motor vehicle shall be halted solely for a violation of this section.
5. All citations for violations of the motor vehicle laws of this state and for violations of traffic ordinances or traffic regulations of a local authority shall contain a notation by the issuing officer indicating whether the driver and passengers complied with this section. Compliance with this section shall entitle a licensee to a ten dollar ($10.00) reduction in the fine otherwise imposed by any court having jurisdiction over the alleged offense. The driver who violates this section may be issued a citation and may be subject to a fine of not more than twenty-five dollars ($25.00). Any passenger who violates this section may be issued a citation and may be subject to a fine of not more than ten dollars ($10.00).
6. Evidence of a person’s failure to wear a safety belt as required by this act shall not be admissible in any civil action.

History. Laws 1989, ch. 274, § 1; 1990, ch. 7, § 1; 1991, ch. 39, § 1; 2000, ch. 101, § 1; 2003, ch. 136, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (f), see § 31-5-1401(a)(vi).

Constitutionality. —

Wyo. Stat. Ann. § 31-5-1402(f) is not unconstitutional. It does not violate the separation of powers doctrine because, as a substantive law, its enactment was inherently within the powers delegated to the legislature by the Wyoming Constitution, and it does not violate the equal protection clauses of either the United States nor the Wyoming Constitution because, under rational basis review, it is conceivable that § 31-5-1402(f) serves the purposes for which it was enacted, to encourage seat belt use while limiting the penalties for seat belt nonuse. Huff v. Shumate, 360 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 27781 (D. Wyo. 2004).

Common-law duty to use seat belts. —

There is a duty, based on the common-law standard of ordinary care, to use available seat belts independent of any statutory mandate. Dellapenta v. Dellapenta, 838 P.2d 1153, 1992 Wyo. LEXIS 119 (Wyo. 1992).

Parents have duty to buckle seat belts of their minor passengers who are dependent on adult care and supervision for their well being and safety. Dellapenta v. Dellapenta, 838 P.2d 1153, 1992 Wyo. LEXIS 119 (Wyo. 1992).

Introduction of seat belt evidence. —

This section does not apply retroactively to prohibit the introduction of seat belt evidence in a case where the failure to use the seat belts occurred before the current statute. Dellapenta v. Dellapenta, 838 P.2d 1153, 1992 Wyo. LEXIS 119 (Wyo. 1992).

In a case where the introduction of seat belt evidence is not prohibited, the introduction of evidence of seat belt nonuse is allowed where an offer of proof is made to show a causal relationship between nonuse and injuries to the occupant. Dellapenta v. Dellapenta, 838 P.2d 1153, 1992 Wyo. LEXIS 119 (Wyo. 1992).

Court determined it should apply Wyo. Stat. Ann. § 31-5-1402(f), which prohibits the introduction of evidence of seat belt nonuse, in plaintiff's action against defendant, and therefore granted the plaintiff's motion in limine. The legislative intent of the provision was to bar the admission of evidence of nonuse of a safety belt in any civil action and in doing so, the legislature impliedly advanced the substantive principle that seat belt nonuse could not be used to establish comparative fault; therefore, standing alone, § 31-5-1402(f) has a nonprocedural purpose. Huff v. Shumate, 360 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 27781 (D. Wyo. 2004).

Relation to comparative fault statute. —

Court found no inconsistency in the application of Wyo. Stat. Ann. § 31-5-1402(f), which prohibits the introduction of evidence of seat belt nonuse, in light of Wyo. Stat. Ann. § 1-1-10; the legislature has the right to limit the application of comparative fault principles to negligence actions arising out of automobile accidents involving unbelted occupants. Huff v. Shumate, 360 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 27781 (D. Wyo. 2004).

Am. Jur. 2d, ALR and C.J.S. references. —

Nonuse of seatbelt as reducing amount of damages coverable, 62 ALR5th 537.

§ 31-5-1501. Definitions.

1. As used in this act:
   1. “Department” means the Wyoming department of transportation;
   2. “Director” means the director of the department of transportation;
   3. “Program” means the Wyoming motorcycle safety education program established under W.S. 31-5-1502 ;
   4. “This act” means W.S. 31-5-1501 through 31-5-1507 .

History. Laws 1995, ch. 146, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 31-5-1502. Motorcycle safety education program created.

1. The department shall develop standards for, establish and administer the Wyoming motorcycle safety education program.
2. The program shall provide for novice rider training courses in sufficient numbers and at locations throughout the state as necessary to meet the reasonably anticipated needs of state residents who desire to complete the course. The program shall also include instructor training courses and instructor approval.
3. The program may include rider training courses for experienced riders, activities to increase motorcyclists’ alcohol and drug effects awareness, motorcycle driver improvement efforts, motorcycle licensing improvement efforts, program promotion activities and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles.
4. The director shall appoint a program coordinator to oversee and direct the program.
5. Standards for the motorcycle rider training courses, including standards for course content, delivery, curriculum, materials, and student evaluation, and standards for the training and approval of instructors shall comply with the requirements of this act and shall meet or exceed established national standards for motorcycle rider training courses.

History. Laws 1995, ch. 146, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 31-5-1501(a)(iv).

§ 31-5-1503. Rider training courses; certificates; exemption for licensing skills test.

1. The program shall offer motorcycle rider training courses designed to develop and instill the knowledge, attitudes, habits and skills necessary for the proper operation of a motorcycle. The courses shall be taught only by instructors approved under W.S. 31-5-1504 and shall include not less than eight (8) hours of hands-on instruction for a novice course.
2. Rider training courses shall be open to any resident of the state who either holds a current valid driver’s license for any classification or who is eligible for a motorcycle instruction permit.
3. The department shall issue certificates of completion in a manner and form prescribed by the director to persons who satisfactorily complete the requirements of a motorcycle rider training course offered or authorized by the state program.
4. The department may exempt applicants for a motorcycle driver’s license or endorsement from the licensing skill test if they present evidence of successful completion of an approved rider training course which includes a similar test of skill.

History. Laws 1995, ch. 146, § 1.

§ 31-5-1504. Instructor training and approval.

1. The department shall approve instructors for the motorcycle rider training courses. No person shall be approved as an instructor unless the person meets the requirements of this act and regulations of the department and unless the person holds a currently valid instructor certification issued by the motorcycle safety foundation or another nationally recognized motorcycle safety instructor certifying body.
2. The program shall offer instructor training courses as needed to prepare instructors to teach the motorcycle rider training courses. Successful completion of the instructor training course shall require the participant to demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency and the necessary aptitude for instructing students. No person shall be approved as an instructor unless the person has successfully completed the instructor training course or an equivalent course offered in another state.
3. The department shall establish by rule and regulation additional requirements for the approval of instructors.

History. Laws 1995, ch. 146, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 31-5-1501(a)(iv).

§ 31-5-1505. Implementing authority; rules and regulations.

1. The department shall adopt rules and regulations to implement the motorcycle safety education program.
2. The department may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for implementation of the program.
3. The department may offer motorcycle rider training courses directly and may approve courses offered by independent public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the state program.
4. The department may establish reasonable enrollment fees to be charged for persons who participate in motorcycle rider training courses. Any fees collected under this section by the department for courses provided directly by the department shall be deposited in the motorcycle safety education program account created by W.S. 31-5-1506 . Any fees collected by independent public or private entities approved by the department to offer courses shall be retained by the entity providing the course. Fees established under this section shall be set as low as possible to encourage participation in the courses, but shall be set so that the total of fees and other funds credited to the motorcycle safety education program account defray the expenses of the motorcycle safety education program.

History. Laws 1995, ch. 146, § 1.

§ 31-5-1506. Motorcycle safety education program account.

1. The motorcycle safety education program account is created in the state highway fund and appropriated on a continual basis to the department which shall administer the account. Money in the account shall only be used for administration and implementation of the program, including defraying expenses in offering motorcycle rider training courses, either directly or by contract.
2. At the end of each fiscal year, monies remaining in the account shall be retained in the account. The interest and income earned on money in the account, after deducting any applicable charges, shall be credited to the account.
3. In addition to any fees collected under W.S. 31-5-1505 , the following revenue shall be credited to the account:
   1. Seven dollars ($7.00) of the annual registration fee for each registered motorcycle as provided in W.S. 31-3-101(a)(ii)(D);
   2. The fee for each motorcycle driver’s endorsement as provided in W.S. 31-7-113(a)(x), less the amount distributed under W.S. 31-7-113(g).

History. Laws 1995, ch. 146, § 1; 2021, ch. 152, § 2.

The 2021 amendment, effective July 1, 2021, added ", less the amount distributed under W.S. 31-7-113(g)" in (c)(ii).

§ 31-5-1507. Advisory committee created; appointments; terms; duties; removal; compensation.

The director shall appoint a program advisory committee consisting of five (5) persons representing various interests in motorcycle safety to advise and assist the program coordinator in developing, establishing and maintaining the program. The committee shall monitor program implementation and report to the director as necessary with recommendations. The committee shall select from its membership a chairman and vice-chairman. The term of office for each member shall be two (2) years. Members may be removed as provided in W.S. 9-1-202 . Vacancies shall be filled by the director for the unexpired term. Of the initial committee, three (3) members shall be appointed to serve for two (2) years and two (2) members shall serve for one (1) year. Members of the committee shall serve without compensation, but shall be reimbursed in the same manner and the same amount as state employees for their travel and per diem expenses while engaged in committee business.

History. Laws 1995, ch. 146, § 1.

§ 31-5-1601. Operation on highways.

1. An off-road recreational vehicle may be operated upon any public road rights-of-way, streets, roads or highways within Wyoming subject to the following conditions:
   1. Off-road recreational vehicles may be operated on main-traveled roadways only upon that portion of a public road right-of-way, street, road or highway designated open by the state, local or federal agency with jurisdiction over the roadway and designated a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707 by the department of state parks and cultural resources. No portion of a public road right-of-way, street, road or highway shall be designated as a Wyoming off-road recreational vehicle trail by the department without the consent of the state, local or federal agency with jurisdiction over the roadway. Off-road recreational vehicles operated upon roadways designated as trails shall be subject only to the user registration fee prescribed by W.S. 31-2-703 and shall not be deemed a motorcycle as defined in W.S. 31-1-101(a)(xv)(E)(I) and 31-5-102(a)(xxii). Nothing in this paragraph shall be deemed to authorize the department to acquire or expand any public road right-of-way in order to accommodate the operation of off-road recreational vehicles;
   2. Crossings of main-traveled roadways shall be made at right angles to the roadway or as nearly so as practicable, but in any case yielding the right-of-way to all traffic in the main-traveled roadway;
   3. When operating at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, the off-road recreational vehicle shall be equipped with lighted lamps and illuminating devices in accordance with W.S. 31-5-910 through 31-5-940 ;
   4. The off-road recreational vehicle shall be equipped with an adequate braking device that may be operated either by hand or foot; and
   5. If operated on state or federal lands, the off-road recreational vehicle shall be equipped with:
      1. An approved spark arrester;
      2. A noise muffler which produces a propulsion noise level of not more than one hundred two (102) decibels at twenty (20) inches in a stationary test.
2. Nothing in this section authorizes the operation of an off-road recreational vehicle upon a public road right-of-way, street, road or highway within Wyoming by a person who has not been issued a valid driver’s license or permit.
3. As used in this section, “public road right-of-way” means the entire right-of-way of a street, road or highway within Wyoming, including the traveled portions, banks, ditches, shoulders and medians of a street, road or highway.
4. Off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 may be operated upon any open public road rights-of-way, streets, roads or highways within Wyoming, notwithstanding the designation of the public road right-of-way, street, road or highway as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707 .
5. Off-road recreational vehicles shall not be operated on interstate highways.

History. Laws 2002, Sp. Sess., ch. 12, § 1; 2016, ch. 67, § 1; 2021, ch. 34, § 2.

The 2016 amendment, inserted “any public road rights-of-way” in the introductory language of (a); inserted similar language twice in (a)(i) and once in (b); added the last sentence of (a)(i); and added (c).

Laws 2016, ch. 67, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 4, 2016.

The 2021 amendment , effective July 1, 2021, added (d) and (e).

§ 31-5-1701. Towing companies; rotation list.

1. The department shall provide by rule and regulation for the safe and efficient removal of vehicles from the highways when the owner or operator of the vehicle is unable to actively assist in the vehicle’s removal.
2. Rules adopted by the department pursuant to this section shall include:
   1. A voluntary rotation list for tow truck and recovery carriers to be called by law enforcement officials when vehicle towing or recovery is required. The department may identify different categories of towing and recovery and maintain a list for each category;
   2. Basic standards for law enforcement officials and the tow truck and recovery carriers to follow when a rotational call is made to clear or remove vehicles from the highways;
   3. Procedures for tow truck and recovery carriers who wish to be placed on the rotational call list;
   4. Minimum equipment standards for tow truck and recovery standards to be placed on the rotational list;
   5. Inspections of carriers as necessary to enforce equipment and licensing requirements;
   6. Identification of geographical areas for the operation of a rotation list in that area;
   7. Provision for reprimand or suspension from the rotation list for a period of up to one (1) year or removal from the rotation list for a period in excess of one (1) year as determined by the director of the department, for carriers that violate the criteria to be on the rotation list;
   8. An appeals process in accordance with the Wyoming Administrative Procedure Act for carriers who dispute any suspension or removal from the rotation list;
   9. A requirement that a tow truck or recovery carrier file a summary rate disclosure document which states typical fees for commonly used towing and recovery procedures, including but not limited to such items as daytime and nighttime call rates, hook-up fees, winch fees, labor costs, mileage charges and vehicle storage charges. In any action where the fee charged by a towing company is in issue, the burden of proof to show that the fee is fair and reasonable shall be upon the towing company.

History. Laws 2015, ch. 125, § 1.

Effective date. — Laws 2015, ch. 125, § 2, makes the act effective July 1, 2015.

§ 31-6-101. Definitions.

1. As used in this act:
   1. “Alcohol concentration” means as defined in W.S. 31-5-233(a)(i);
   2. “Controlled substance” includes:
      1. Any drug or substance defined by W.S. 35-7-1002(a)(iv);
      2. Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual’s ability to drive safely;
      3. Any drug or psychoactive substance, or combination of these substances, capable of impairing a person’s physical or mental faculties.
   3. “Department” means the department of transportation;
   4. “Peace officer” means as defined in W.S. 7-2-101 ;
   5. “This act” means W.S. 31-6-101 through 31-6-108 .
2. The definitions provided by W.S. 31-5-102(a) apply in this act.

History. Laws 1971, ch. 158, § 1; W.S. 1957, § 31-247.1; Laws 1985, ch. 211, § 1; ch. 234, § 2; 1989, ch. 119, § 2; 1991, ch. 241, § 3; 2006, ch. 114, § 1; 2010, ch. 5, § 1.

The 2006 amendment, substituted “31-6-108” for “31-6-107” in (a)(v).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2010 amendment, effective July 1, 2010, added (a)(ii)(C).

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cited in

Farmer v. State, Dep't of Transp., 986 P.2d 165, 1999 Wyo. LEXIS 145 (Wyo. 1999); Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Aug. 1, 2008); Reynolds v. State, 2012 WY 120, 2012 Wyo. LEXIS 126 (Sept 11, 2012).

§ 31-6-102. Test to determine alcoholic or controlled substance content of blood; suspension of license.

1. If arrested for an offense as defined by W.S. 31-5-233 :
   1. Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in this state is deemed to have given consent, subject to the provisions of this act, to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol concentration or controlled substance content of his blood. The test or tests shall be:
      1. Incidental to a lawful arrest;
      2. Given as promptly as possible after the arrest;
      3. Administered at the direction of a peace officer who has probable cause to believe the person was driving or in actual physical control of a motor vehicle upon a public street or highway in this state in violation of W.S. 31-5-233 (b) or any other law prohibiting driving under the influence as defined by W.S. 31-5-233(a)(v). The peace officer who requires a test for alcohol concentration 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 shall not have the option if the peace officer has probable cause to believe there is impairment by a controlled substance which is not subject to testing by a breath test in which case a blood or urine test may be required, as directed by the peace officer.
   2. For tests required under this act, the arrested person shall be advised that:
      1. Repealed by Laws 2011, ch. 178, § 2.
      2. If the results of the test indicate the person is under the influence of alcohol or a controlled substance, he may be subject to criminal penalties, his Wyoming driver’s license or his privilege to operate a motor vehicle shall be suspended for ninety (90) days and he may be required to drive only vehicles equipped with an ignition interlock device;
      3. After undergoing all chemical tests required by the peace officer at a place and in a manner prescribed by and at the expense of the agency employing the peace officer, the arrested person may go to the nearest hospital or clinic and secure any additional tests at his own expense;
      4. Repealed by Laws 2009, ch. 160, § 2.
   3. The results from the test or tests under this act shall only be used for the purposes of determining the chemical concentration as provided by this section and shall not be used for any other purpose.
2. Results of tests obtained at the arrested person’s expense shall be made available to the arresting officer and the arrested person. Disclosure of the test results by the person administering the test is not a violation of the doctor-patient relationship.
3. 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 by subsection (a) of this section and the tests may be administered subject to the provisions of this act.
4. If a person under arrest refuses upon the request of a peace officer to submit to a chemical test designated by the agency employing the peace officer as provided in subsection (a) of this section, none shall be given except in cases where serious bodily injury or death has resulted or upon issuance of a search warrant. A test of the agency’s choice may be administered upon issuance of a warrant, including a remotely communicated search warrant, when reasonable under the circumstances and as provided in this subsection. A remotely communicated search warrant may be issued upon sworn or affirmed testimony of the peace officer who is not in the physical presence of a judicial officer, provided the judicial officer is satisfied that probable cause exists for the issuance of the warrant. All communication between the judicial officer and the peace officer or prosecuting attorney requesting the warrant may be remotely transmitted by voice, image, text or any combination thereof, or by other means and shall be recorded. The testimony and content of the warrant shall be recorded by writing or mechanical, magnetic, electronic, photographic storage or by other means. Upon approval, the judicial officer may direct a peace officer or the prosecuting attorney requesting a warrant from a remote location to sign the judicial officer’s name on a warrant at a remote location. A remotely communicated search warrant shall be valid only for purposes specified in this subsection.
   1. and (ii) Repealed by Laws 2011, ch. 178, § 2.
5. If the test result indicates the person has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more, the peace officer shall submit his signed statement to the department. Based upon the statement the department shall suspend the person’s Wyoming driver’s license or his privilege to operate a motor vehicle in this state for ninety (90) days. If a criminal conviction results from the same incident on which a suspension under this subsection is based, the suspension under W.S. 31-7-128(b) or revocation under W.S. 31-7-127(a)(ii) shall be reduced by ninety (90) days. The statement submitted by the officer shall contain:
   1. His probable cause to believe the arrested person was driving or in actual physical control of a motor vehicle:
      1. On a public street or highway in this state;
      2. In violation of W.S. 31-5-233(b) or any other law prohibiting driving under the influence as defined by W.S. 31-5-233(a)(v).
   2. That a test was taken of the person; and
   3. The person had an alcohol concentration of eight one-hundredths of one percent (0.08%) or more.
6. In addition to the signed statement submitted under subsection (e) of this section, the peace officer shall issue the person a temporary license similar to but in lieu of the license authorized under W.S. 31-7-138 . This temporary license shall be valid for thirty (30) days, shall not be renewed, shall contain a notice that the person has twenty (20) days from the date of issuance within which to request a hearing from the department and that failure to timely request a hearing will result in the suspension automatically commencing upon expiration of the temporary license or upon expiration of any existing suspension or revocation if the person’s license or privilege is suspended or revoked at the time the temporary license is issued. W.S. 31-7-138 (d) and (e) apply to a license under this section. For purposes of this section, the peace officer acts as an agent for the department when providing notice of the suspension and notice of the opportunity for a hearing. W.S. 31-7-137 applies to a notice under this act. Failure to demand a hearing within the twenty (20) day period is a waiver of the right of hearing, and the suspension shall commence upon expiration of the temporary license or upon expiration of any existing suspension or revocation if the person’s license or privilege is suspended or revoked at the time the temporary license is issued. If a timely demand for hearing is made, the department shall forward the demand to the independent hearing examiner who shall schedule a hearing within forty-five (45) days after receipt of the request and provide the arrested person at least ten (10) days notice of the hearing. The hearing shall be conducted by the hearing examiner. If the hearing examiner fails to schedule the hearing within forty-five (45) days of the request, other than at the request of the licensee, the licensee, as his sole remedy, shall be given credit against any action upheld at the hearing for the time between the expiration of the forty-five (45) day period and the date the hearing was first scheduled.
7. For the purposes of this section, the signed statement submitted by the peace officer shall be deemed a sworn statement and shall be subject to penalties for perjury.

History. Laws 1971, ch. 158, § 2; W.S. 1957, § 31-247.2; Laws 1973, ch. 195, § 1; 1977, ch. 13, § 1; 1981, Sp. Sess., ch. 22, § 1; 1985, ch. 211, § 1; ch. 234, § 2; 1986, ch. 75, § 1; 1987, ch. 131, § 1; 1989, ch. 119, § 2; 1996, ch. 11, § 1; ch. 57, § 1; 2002 Sp. Sess., ch. 61, § 1; 2007, ch. 207, § 1; 2009, ch. 160, §§ 1, 2; 2011, ch. 178, §§ 1, 2.

The 2007 amendment, effective July 1, 2007, in (a)(i)(C) inserted “for alcohol concentration”, substituted “shall not have the” for “has this” following “The person”, substituted “if” for “unless” preceding “the peace officer”, deleted “blood or” preceding “breath test in which”, inserted “blood or” preceding “urine test may be” and inserted “, as directed by the peace officer” at the end of the last sentence.

The 2009 amendment, effective July 1, 2009, added “and he may be required to drive only vehicles equipped with an ignition interlock device” in (a)(ii)(A) and (a)(ii)(B), and made related changes; and repealed (a)(ii)(D), which read: “If he refuses to take all required tests, he shall not be eligible for limited driving privileges.”

The 2011 amendment, effective July 1, 2011, repealed former (a)(ii)(A), pertaining to suspension of driver's license or privileges for failure to submit required tests; in (a)(ii)(B), substituted “the results of the test” for “a test is taken and the results”; in (a)(ii)(C), substituted “undergoing all chemical tests required” for “submitting to all required chemical tests requested”; added (a)(iii); in (c), substituted “cooperating with the administration of” for “refusal to submit to”; in (d), added “or upon issuance of a search warrant” at the end of the first sentence, deleted the former introductory clause that read: “The peace officer shall submit his signed statement to the department. The statement submitted by the officer shall contain,” and added the last six sentences; repealed former (d)(i) and (d)(ii) pertaining to statements submitted by peace officers; in the introductory language of (e), deleted “a person submits to chemical testing and” following “If”; in (e)(ii), inserted “a test was taken of,” and deleted “submitted to a test” following “person”; and in (f), substituted “subsection (e)” for “subsection (d) or (e)” in the first sentence.

Meaning of “this act.” —

For the definition of “this act,” as used in subsections (a), (c) and (f), see § 31-6-101(a)(v).

Constitutional affidavit requirement satisfied by remotely communicated search warrant. —

In response to certified questions, the Supreme Court of Wyoming determined that the statutory procedures for a remotely communicated search warrant in a matter involving driving while under the influence of alcohol were constitutional because they complied with the constitutional search warrant affidavit requirements. Smith v. State, 2013 WY 122, 311 P.3d 132, 2013 Wyo. LEXIS 127 (Wyo. 2013).

Compliance with general warrant requirements as well as remotely communicated search warrant reqirements. —

In response to certified questions, the Supreme Court of Wyoming determined that a police officer who followed the statutory procedures for a remotely communicated search warrant in a matter involving driving while under the influence of alcohol had to comply with the rule for general search warrant requirements as well because they complemented, rather than contradicted, one another; further, and an officer seeking such a warrant, as well as the issuing judicial officer, could comply with both. Smith v. State, 2013 WY 122, 311 P.3d 132, 2013 Wyo. LEXIS 127 (Wyo. 2013).

Purpose. —

The purpose of this section is remedial in that it was enacted to facilitate the removal of drunk drivers from the highways. Glasrud v. City of Laramie, 934 P.2d 1242, 1997 Wyo. LEXIS 33 (Wyo. 1997).

Applicable only to “arrest.” —

Since the decedent had not been arrested for driving under the influence at the time the blood test was conducted, the test was not taken incidental to a lawful arrest. By its own terms, the implied consent statute cannot apply when the coroner conducts the test. Johnson v. State ex rel. Wyoming Workers' Compensation Div., 911 P.2d 1054, 1996 Wyo. LEXIS 26 (Wyo. 1996).

Authority of federal officer. —

This section states that a breathalyzer test may be administered by a peace officer which is defined by § 7-2-101 to include various positions, all of which share one important common fact: they are state employees. However, if a federal officer is precluded from administering a breathalyzer test under this section to an individual who is arrested on federal property, based on probable cause to believe that the individual was violating § 31-5-233 by driving a motor vehicle while intoxicated, then it stands to follow that no one could administer a breath test to that individual. This literal reading would lead to an absurd result; therefore, the federal airman officer could execute the breathalyzer test on federal property. United States v. Santiago, 846 F. Supp. 1486, 1994 U.S. Dist. LEXIS 2766 (D. Wyo. 1994).

Consent to chemical testing.—

District court properly dismissed, for lack of a justiciable controversy, a driver’s request for a declaration that the state constitution precluded a law enforcement officer from statutorily deeming the driver’s consent to chemical testing because, while the loss of driving privileges was a genuine, tangible, and existing interest, the officer did not “deem” the driver’s consent to breath testing, rather the driver “agreed” to take the test, therefore, a declaration would have no effect on the admissibility of the breath sample that sustained the suspension of the driver’s license, the district court lacked the jurisdiction to consider the driver’s request for declaratory relief, and mootness was not the basis for the dismissal. Leavitt v. Wyo. DOT, 2017 WY 149, 406 P.3d 1266, 2017 Wyo. LEXIS 155 (Wyo. 2017).

Detention by Bureau of Indian Affairs officers. —

Driver's detention by Bureau of Indian Affairs (BIA) officers for driving while under the influence (DWUI) did not render his subsequent arrest by deputy sheriff unlawful because the driver could not have been arrested and prosecuted within the tribal court system as he was not a tribal member, and he could not have been arrested by the BIA officer and prosecuted within the federal system because the DWUI offense was a State offense, he was therefore subject to arrest and prosecution by the State. The BIA officer properly detained the driver for formal arrest by a state officer, and the deputy sheriff had the authority to enforce the DWUI and implied consent statutes. Colyer v. State, 2009 WY 43, 203 P.3d 1104, 2009 Wyo. LEXIS 43 (Wyo. 2009).

Chemical test not authorized in every instance of arrest for driving under influence. —

There is no authority which requires that a person arrested for the offense of driving while under the influence of intoxicating liquor shall, in every instance, be administered a chemical test of his blood, breath or urine, nor is there authority for the contention that, if a test is requested by an arrested person, it has to be given and the failure to give it invalidates the arrest. Hammer v. Jackson, 524 P.2d 884, 1974 Wyo. LEXIS 223 (Wyo. 1974).

Implied consent law is exclusive means and required procedure to determine blood-alcohol level where a suspect is arrested and the law enforcement officer has probable cause to suspect a violation of § 31-5-233 .State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985); Van Order v. State, 600 P.2d 1056, 1979 Wyo. LEXIS 463 (Wyo. 1979).

Reasonable suspicion to detain driver for field sobriety tests. —

Trooper had reasonable suspicion to detain the driver from the purpose of performing the field sobriety tests, and therefore the suspension of the driver's license was affirmed, because: (1) he smelled alcohol; (2) the driver admitted that he had been drinking shortly before he was stopped; (3) the driver was unable to locate proof of insurance; and (4) he knowingly violated a traffic law by driving with a broken headlight. Batten v. Wyo. DOT Drivers' License Div., 2007 WY 173, 170 P.3d 1236, 2007 Wyo. LEXIS 185 (Wyo. 2007).

Substantial evidence supported the Office of Administrative Hearings' (OAH) decision to uphold the suspension of the driver's license for failing to submit to chemical testing pursuant to Wyo. Stat. Ann. § 31-6-102 because: (1) the trooper stated that he saw the driver's vehicle cross over the center line and the fog line more than once; and (2) the OAH reviewed the DVD of the incident, which showed the vehicle drifting from one side of lane to the other more than once and therefore corroborated the trooper's statements, even though it did not depict clearly whether the vehicle crossed over the lines due to its poor quality and limited duration. Taken together, the trooper's report and the DVD constituted relevant evidence from which a reasonable mind could conclude that the trooper had probable cause to stop the vehicle for a traffic violation, namely driving under the influence or failing to drive within the lanes. Tiernan v. State, DOT, 2011 WY 143, 262 P.3d 561, 2011 Wyo. LEXIS 147 (Wyo. 2011), overruled in part, Allgier v. State, 2015 WY 137, 358 P.3d 1271, 2015 Wyo. LEXIS 154 (Wyo. 2015).

Before test is given, information specified in subsection (a) must be given to a defendant and the defendant's consent to the test must be in the light of that information. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

“No right to attorney” before taking test. —

Police officers, whether or not they give a Miranda warning to an individual, should include a brief statement that the individual has no right to an attorney before taking a chemical test. Nesius v. State Dep't of Revenue & Taxation, 791 P.2d 939, 1990 Wyo. LEXIS 135 (Wyo. 1990).

Not necessary to tell driver number of days of possible suspension. —

It is not necessary to tell an arrested driver the specific number of days that his driving privileges may or will be suspended if he refuses to take a chemical test. State v. Marquez, 638 P.2d 1292, 1982 Wyo. LEXIS 285 (Wyo. 1982), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Blood test not admissible in DWUI trial but admissible in another proceeding. —

Where defendant did not consent to a blood test, Wyo. Stat. Ann. § 31-6-102(d) required that such evidence be suppressed in a DWUI trial; however, defendant's blood alcohol test was admissible in defendant's prosecution for causing bodily injury to a peace officer engaged in his duties and for causing property damage. Wheaton v. State, 2003 WY 56, 68 P.3d 1167, 2003 Wyo. LEXIS 69 (Wyo. 2003).

Driver arrested for driving under the influence reasonably informed of rights. —

A driver arrested for driving under the influence who was told by the officer that “I advise your license to operate will be suspended” and that the suspension time was “up to the motor vehicle department,” was reasonably informed of his rights and duties under this section and was not tricked or misled into taking the chemical test. Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Determination that person “incapable of refusal” determined by investigating officer. —

The determination that a person is “unconscious” or “incapable of refusal” is, of necessity, to be determined by the investigating officer based on the best available evidence. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Consent to test may be withdrawn. —

Under subsection (c), a test may be given without there being consent, an arrest or the need to convey any information to the individual in question, but the suspect may, at the appropriate time, withdraw his consent, i.e., when he is conscious or becomes capable of refusing. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Driver withdrawing consent subject to suspension provisions. —

An unconscious or otherwise incapacitated driver who withdraws his consent when he is so able is subject to the suspension provisions. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985).

Intentional Refusal —

Because a motorist's failure to provide a sufficient breath sample constituted an intentional refusal to perform an offered breath test for purposes of Wyoming's implied consent laws, the booking officer was not required to offer a blood or urine test following the refusal. Faber v. State, 2009 WY 137, 220 P.3d 236, 2009 Wyo. LEXIS 149 (Wyo. 2009).

Substantial evidence supported a hearing examiner's finding that a motorist intentionally failed or refused to perform a breath test after the motorist was arrested for driving under the influence of intoxicating liquor. Intentional failure constituted a refusal to take the breath test, which refusal led to the statutory implied consent suspension of the motorist's driving privileges and the additional statutory disqualification from driving a commercial motor vehicle. Faber v. State, 2009 WY 137, 220 P.3d 236, 2009 Wyo. LEXIS 149 (Wyo. 2009).

Driver may not rescind refusal. —

Once a driver has refused to take a chemical test, the driver may not rescind that decision with a subsequent consent, but is bound by the legal consequences of his initial refusal. Farmer v. State, 986 P.2d 165, 1999 Wyo. LEXIS 145 (Wyo. 1999).

Preliminary breath test. —

A preliminary breath test given to a motorist stopped for suspicion of driving under the influence was not relevant to a license-revocation procedure because it was obtained prior to the arrest and the advisement required by the statute. Nellis v. Wyoming DOT, 932 P.2d 741, 1997 Wyo. LEXIS 30 (Wyo. 1997).

Time of blood test. —

The results of a blood test administered 36 minutes after a motorist was stopped for suspicion of driving under the influence were admissible to support a determination of intoxication. Nellis v. Wyoming DOT, 932 P.2d 741, 1997 Wyo. LEXIS 30 (Wyo. 1997).

After appellant performed poorly on the horizontal gaze nystagmus test and the walk and turn test, he was arrested for driving while under the influence of alcohol in violation of Wyo. Stat. Ann. § 31-5-233(b) and his licence was suspended pursuant to this section; the hearing examiner's decision that the officer complied with the 15 minute observation period for admission of a chemical test was supported by the Operational Checklist showing appellant was observed for an eighteen-minute period after the officer checked his mouth before his breath sample was taken. Hwang v. State, 2011 WY 20, 247 P.3d 861, 2011 Wyo. LEXIS 22 (Wyo. 2011).

Blood test may be taken incident to arrest for vehicular homicide. —

If the factual situation gives rise to a charge of vehicular homicide or the potential for such a charge, a blood test may be taken incident to an arrest for such a crime and may be admissible without regard to this chapter. State v. Chastain, 594 P.2d 458, 1979 Wyo. LEXIS 416 (Wyo. 1979), overruled, Olson v. State, 698 P.2d 107, 1985 Wyo. LEXIS 471 (Wyo. 1985); Van Order v. State, 600 P.2d 1056, 1979 Wyo. LEXIS 463 (Wyo. 1979).

Approval of test by department of health. —

Where the officer gave the driver the implied consent advisement required under Wyoming law, and the driver refused to submit to chemical testing as required, the driver could not establish that any chemical analysis of his blood, breath or urine would not have been performed according to methods approved by the department of health; the question of whether the tests were approved arose once the test was performed, not before. Bryant v. State ex rel. Wyo. DOT, 2002 WY 140, 55 P.3d 4, 2002 Wyo. LEXIS 167 (Wyo. 2002), op. withdrawn, 2002 Wyo. LEXIS 166 (Wyo. Sept. 25, 2002).

Driver's license suspension proceedings were “instituted,” within the meaning of § 16-3-113(c), when the department forwarded a motorist's request for a hearing to an independent hearing examiner, and not when the officer who arrested her for driving under the influence furnished her with a notice of suspension and a temporary driver's license. Gerstell v. State, 769 P.2d 389, 1989 Wyo. LEXIS 54 (Wyo. 1989).

Hearing scheduled within 45 days of request. —

The clear intent of subsection (f) is that a hearing must be scheduled within 45 days of receipt of the request. There is no requirement that the hearing be held with 45 days. Department of Revenue and Taxation v. Hamilton, 743 P.2d 877, 1987 Wyo. LEXIS 517 (Wyo. 1987).

Suspension proceedings civil in nature. —

Driver's license suspensions under this section do not constitute punishment for purposes of double jeopardy, but are civil proceedings, separate and distinct from prosecutions for driving while under the influence. Glasrud v. City of Laramie, 934 P.2d 1242, 1997 Wyo. LEXIS 33 (Wyo. 1997).

Presence of attorney representing state is not required at implied consent hearings to support the license suspension of one arrested and charged with driving while under the influence who refuses to submit to chemical sobriety testing. The certified arrest documentation alone is sufficient to support a license suspension. Hooten v. Department of Revenue & Taxation, 751 P.2d 1323, 1988 Wyo. LEXIS 34 (Wyo. 1988).

The department of revenue and taxation is not required to appear either personally or through an attorney in an implied consent driver's license suspension hearing. It may submit its case by certified record on the refusal form given to the licensee at the time of his arrest. Drake v. State, 751 P.2d 1319, 1988 Wyo. LEXIS 35 (Wyo. 1988).

Proof of probable cause to arrest. —

This section requires the peace officer to have probable cause that the licensee was driving while under the influence. However, a license revocation hearing is civil in nature and the probable cause must only be proven by a preponderance of the evidence. Department of Revenue & Taxation v. Hull, 751 P.2d 351, 1988 Wyo. LEXIS 24 (Wyo. 1988).

Suspension of a driver's license for failing to submit to a breath test was affirmed where the Office of Administrative Hearings' order set forth findings of fact sufficient to establish that probable cause existed; the signed statement of a deputy who had arrested the driver set forth his observations of the driver, including: (1) the driver's pickup truck appeared to have run off the road; (2) the driver walked with a staggered gait, his speech was slurred, and his breath smelled of alcohol; (3) the driver admitted to having consumed several shots of whisky and some beer, the last of which he consumed only 15 minutes before the deputy arrived; (4) the driver was able to successfully perform only one of five field sobriety tests; and (5) the driver refused to submit to chemical testing. Bradshaw v. Wyo. DOT Drivers' License Div., 2006 WY 70, 135 P.3d 612, 2006 Wyo. LEXIS 75 (Wyo. 2006).

Fruit of the poisonous tree doctrine did not apply in a license suspension proceeding held under the implied consent statutes, because the officer had probable cause to arrest appellant for interference with a police officer and probable cause to believe appellant was driving under the influence of alcohol. Appellant was hindering the officer's efforts to investigate a hit and run accident involving a vehicle registered to appellant, smelled of alcohol, was swaying, gave the officer a false name and refused to show the officer his driver's license. Vasco v. State, 2011 WY 100, 253 P.3d 515, 2011 Wyo. LEXIS 102 (Wyo. 2011).

Fact that evidence might have come forth after defendant's arrest, indicating defendant was in a diabetic ketoacidosis state, did not change the conclusion that an officer had probable cause at the time to believe defendant was driving while intoxicated; hence, defendant's driver's license was properly suspended under Wyo. Stat. Ann. § 31-6-102(e). Wyo. DOT v. State ex rel. DOT, 2012 WY 33, 271 P.3d 1003, 2012 Wyo. LEXIS 34 (Wyo. 2012), reh'g denied, 2012 Wyo. LEXIS 58 (Wyo. Apr. 3, 2012).

Defendant's warrantless arrest at a hospital by a patrol sergeant with a county sheriff's department was constitutional because it was based on information gathered by a state trooper, who was investigating defendant's automobile accident. The sergeant's conduct in arranging to collect a urine sample for testing at the behest of the trooper, therefore, complied with the statutory requirement that the test for alcohol be incidental to a lawful arrest for driving under the influence. Stowe v. State, 2014 WY 97, 331 P.3d 127, 2014 Wyo. LEXIS 113 (Wyo. 2014).

Probable cause to initiate traffic stop. —

Driver's license was properly suspended under Wyo. Stat. Ann. § 31-6-102 because a police officer had probable cause to initiate a traffic stop as the forklift operated by the driver on the shoulder of a highway was “special mobile equipment” under Wyo. Stat. Ann. § 31-5-921(d) and thus required to have a “slow moving vehicle” emblem. Harvey v. State, 2011 WY 72, 250 P.3d 167, 2011 Wyo. LEXIS 75 (Wyo. 2011).

Proper warnings given. —

Because there was substantial evidence in the record to sustain a conclusion that a driver was given complete implied consent advisements and that he was not misled about what his rights were under the implied consent laws, court refused to second-guess the credibility determination made by a hearing officer leading to an implied consent suspension and a commercial vehicle disqualification. Hittner v. State ex rel. Wyo. DOT (In re Hittner), 2008 WY 91, 189 P.3d 872, 2008 Wyo. LEXIS 95 (Wyo. 2008).

In an administrative license suspension proceeding, the Office of Administrative Hearings and the district court correctly held that appellant was accurately advised of the consequences of refusing to submit to a chemical test under this section upon her arrest for DUI; therefore, the officer's additional advisement that she could be prosecuted under a municipal ordinance for refusing to take a breath test did not trick or mislead appellant. Walters v. State ex rel. Wyo. DOT, 2013 WY 59, 300 P.3d 879, 2013 Wyo. LEXIS 63 (Wyo. 2013).

Unlawful stop and arrest. —

License suspension for refusing to submit to chemical testing was error because the driver was unlawfully stopped and arrested by a campus police officer outside of campus boundaries. Marshall v. State ex rel. DOT, 941 P.2d 42, 1997 Wyo. LEXIS 93 (Wyo. 1997).

Officer's narrative report properly admitted into evidence. —

Where an arresting officer's statement pursuant to subsection (d) consisted only of the officer's signed statement on which was written “see attached report,” and the officer's narrative report of the defendant's arrest was attached, the hearing officer properly admitted the signed statement and report into evidence as a certified record. Nesius v. State Dep't of Revenue & Taxation, 791 P.2d 939, 1990 Wyo. LEXIS 135 (Wyo. 1990).

Implied consent form deemed public record. —

The implied consent form required by subsection (g) of this section is a public record and falls within Rule 803(8), W.R.E., as a hearsay exception. Department of Revenue & Taxation v. Hull, 751 P.2d 351, 1988 Wyo. LEXIS 24 (Wyo. 1988).

But need not be returned to prosecutor. —

There is nothing in the relevant statutes or agency regulations or rules that requires the department of revenue and taxation to honor a prosecutor's request for return of implied consent license suspension documents. Drake v. State, 751 P.2d 1319, 1988 Wyo. LEXIS 35 (Wyo. 1988).

Abundant evidence to find guilt without breath test result. —

There is abundant, even overwhelming, evidence before the court from which the judge can find the defendant guilty without the result of a breath test where there is evidence of excessive speed, erratic driving, a strong odor of alcohol, a flushed face and slurred speech, and the failure of a field sobriety test. Vrooman v. State, 642 P.2d 782, 1982 Wyo. LEXIS 318 (Wyo. 1982).

Suppression of test results. —

District court erred in denying defendant's motion to suppress the results of his blood alcohol concentration test because the affidavit in support of the search warrant was deficient since it contained bare conclusions; the judge issuing the warrant was not provided with facts supporting the officer's conclusion that defendant was driving when the warrant was issued, and some of the underlying factual information supporting that conclusion was essential to support issuance of the warrant. Snell v. State, 2014 WY 46, 322 P.3d 38, 2014 Wyo. LEXIS 53 (Wyo. 2014).

Return of license following acquittal. —

By cross-referencing statutory provisions, legislature intended that suspended driver was “otherwise entitled” to have her license returned to her once she was acquitted of criminal charge, unless there was a reason, other than suspension itself, to retain the license. Wyoming DOT v. Haglund, 982 P.2d 699, 1999 Wyo. LEXIS 96 (Wyo. 1999).

Misplacement of license by law officers. —

Although plaintiff's driver's license was lost while in the possession of the law enforcement agency and she was deprived of its use and possession until she retained a replacement license, at her cost, this did not constitute a deprivation of her due process rights. The misplacement of her license constituted a “random and unauthorized” act for which no pre-deprivation process could have been contemplated. Therefore, post-deprivation process would have been constitutionally adequate. Pogue v. Allison, 851 F. Supp. 1536, 1994 U.S. Dist. LEXIS 6234 (D. Wyo. 1994).

Collateral estoppel.—

Collateral estoppel did not bar the Office of Administrative Hearings from considering appellant’s blood alcohol content (BAC) test results in a driver’s license suspension proceeding because three of the four requirements for collateral estoppel to apply had not been met. The issue was not decided in the prior criminal proceeding, there was no privity between the party against whom collateral estoppel was asserted and the party to the previous criminal litigation, and the party against whom collateral estoppel was asserted had no opportunity to litigate the admissibility of the BAC test results in the criminal matter. Casiano v. State ex rel. Wyo. DOT, 2019 WY 16, 434 P.3d 116, 2019 Wyo. LEXIS 14 (Wyo. 2019).

Applied in

Parodi v. Wyoming DOT, 947 P.2d 1294, 1997 Wyo. LEXIS 136 (Wyo. 1997).

Quoted in

Department of Revenue & Taxation v. Shipley, 579 P.2d 415, 1978 Wyo. LEXIS 294 (Wyo. 1978); Allen v. State, 2002 WY 48, 43 P.3d 551, 2002 Wyo. LEXIS 65 (Wyo. 2002).

Cited in

Wilson v. State ex rel. Office of Hearing Exmr., 841 P.2d 90, 1992 Wyo. LEXIS 160 (Wyo. 1992)Peterson v. Wyo. DOT, 2007 WY 90, 158 P.3d 706, 2007 Wyo. LEXIS 98 ; Matthews v. State, 2014 WY 54, 2014 Wyo. LEXIS 60 (Apr 23, 2014).

Law reviews. —

For article, “Breathalyzers: Should the State Be Required to Preserve the Ampoules?” see XV Land & Water L. Rev. 299 (1980).

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Admissibility, in criminal case, of blood alcohol test where blood was taken from unconscious driver, 72 ALR3d 325.

Duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law, 95 ALR3d 710.

Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods, 96 ALR3d 745.

Request before submitting to chemical sobriety test to communicate with counsel as refusal to take test, 97 ALR3d 852.

Request for prior administration of additional test as constituting refusal to submit to chemical sobriety test under implied consent law, 98 ALR3d 572.

Motorist's right to private sobriety test, 45 ALR4th 11.

Sufficiency of showing of physical inability to take tests for driving while intoxicated to justify refusal, 68 ALR4th 776.

Challenges to use or breath tests for drunk drivers based on claim that partition or conversion ratio between measured breath alcohol and actual blood alcohol is inaccurate, 90 ALR4th 155.

Validity of police roadblocks or checkpoints for purpose of discovery of alcoholic intoxication — post-Sitz cases, 74 ALR5th 319.

Mental incapacity as justifying refusal to submit to tests for driving while intoxicated, 76 ALR5th 597.

Authentication of organic nonblood specimen taken from human body for purposes of analysis, 78 ALR5th 1.