Cross references. —

As to service of process on nonresident motorists and motorists not servable in state, see § 1-6-301 .

As to right-of-way for troops, see § 19-9-208 .

As to use of vehicles for hunting or fishing, see § 23-3-306 .

As to highways generally, see title 24.

Revision of title. —

Laws 1984, ch. 47, §§ 1 to 3, and Laws 1984, ch. 48, § 1 revised this title.

Laws 1984, ch. 47, § 1, amended and renumbered former §§ 31-2-101 through 31-2-104 as present §§ 24-12-101 through 24-12-103 . Section 2 of that act renumbered former §§ 31-3-101 through 31-3-120 as present §§ 9-3-601 through 9-3-620 , and former § 31-4-106 as former § 39-2-305 (now 31-2-508 ). Section 3 of that act repealed and recreated former §§ 31-1-101 through 31-1-106, 31-4-101 through 31-4-105 , and 31-4-107 through 31-4-1109 as present §§ 31-1-101 through 31-4-104 .

Laws 1984, ch. 48, § 1 amended and renumbered former §§ 31-5-101 through 31-5-232 , 31-5-301 through 31-5-970 , 31-5-1101 through 31-5-1214 , and 31-10-101 through 31-17-102 as present §§ 31-5-101 through 31-5-232 , 31-5-301 through 31-5-970 , 31-5-1101 through 31-5-1111 , and 31-10-101 through 31-18-902 , respectively.

In addition, § 31-7-139 was added by Laws 1984, ch. 41, § 1, and various sections in this title were amended by Laws 1984, chs. 2, 4, 41 and 46. Where there were conflicts between these amendments and the revision of this title by Laws 1984, chs. 47 and 48, the sections are set out as reconciled by the Wyoming legislative service office.

Sections in this title which were unaffected by any 1984 legislation are former §§ 31-5-1003 , 31-5-1005 and 31-5-1006 (present §§ 31-18-803 , 31-18-805 and 31-18-806 ), and §§ 31-6-101 through 31-7-101 , 31-7-103 through 31-7-124 , 31-7-128 , 31-7-129 , 31-7-131 through 31-7-138 , and 31-8-101 through 31-9-414 .

Laws 1985, ch. 234, § 2, revised chapters 6 through 9 of this title, amending and renumbering former §§ 31-6-101 through 31-9-414 as present §§ 31-6-101 through 31-9-414 .

In addition, various sections in chapters 6 through 9 were amended by Laws 1985, chs. 20, 40, 107 and 211. Where there were conflicts between these amendments and the revision of this title, the sections are set out as reconciled by the Wyoming legislative service office.

Laws 1985, ch. 234, § 3, reads: “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.”

No detailed explanation of the changes made by the 1984 and 1985 acts has been attempted, but, where appropriate, historical citations to former provisions have been added to corresponding sections, and annotations to cases decided under former provisions have been placed under comparable sections where it was felt they would be useful. For tables of revised and renumbered sections, see Volume 11 of the Wyoming Statutes Annotated.

Chapter 1 General Provisions

Editor's notes. —

Laws 2009, ch. 16 § 5, provides: “No vehicle, including a trailer, watercraft or snowmobile, previously not required to be titled under title 31 of the Wyoming statutes, shall be required to be titled under this act until such time as the owner of such vehicle transfers his right to the vehicle, at which time the owner and subsequent owners shall be required to comply with this act.”

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

7A Am. Jur. 2d Automobiles and Highway Traffic § 1 et seq.

60 C.J.S. Motor Vehicles § 1 et seq.

Article 1. Definitions

§ 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, effective July 1, 2013; 2017 ch. 165, § 1, effective March 6, 2017; 2019 ch. 95, § 2, effective July 1, 2019; 2020 ch. 84, § 1, effective March 13, 2020; 2021 ch. 34, § 2, effective July 1, 2021.

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.

Article 2. Administration

Cross references. —

As to ambulance business licenses, see chapter 36 of title 33.

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 14 to 27; 9A Am. Jur. 2d Bankruptcy §§ 1310 to 1314.

§ 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. 2021 ch. 152, § 1, effective July 1, 2021.

Effective date. —

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

Chapter 2 Title and Registration

Article 1. Certificates of Title

Law reviews. —

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

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).

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 28 to 54.

Certificate of title as prerequisite of recovery for injury of motor vehicle, 7 ALR2d 1347.

Motor vehicle's 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 interest, 18 ALR2d 813.

Liability of state, in issuing automobile certificate of title, for failure to discover title defect, 28 ALR4th 184.

60 C.J.S. Motor Vehicles §§ 90 to 104.

§ 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, effective January 1, 2020; 2021 ch. 115, § 1, effective July 1, 2021.

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, effective July 1, 2021.

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. [Effective until July 1, 2022]

  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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

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.”

The 2022 amendment, effective July 1, 2022, added “or presentation of a county treasurer receipt noting a valid exemption from paying the sales or use tax” in the second sentence of (d).

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).

§ 31-2-103. Contents of application; signature; vehicle identification number; issuance of certificate. [Effective July 1, 2022]

  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) or presentation of a county treasurer receipt noting a valid exemption from paying the sales or use tax. 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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

§ 31-2-104. Transfer of ownership. [Effective until July 1, 2022]

  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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

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).

The 2022 amendment, effective July 1, 2022, deleted “motor” preceding “vehicle” in the introductory language of (m); and substituted “co-owners” for “coowners” twice in (m)(ii).

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.

§ 31-2-104. Transfer of ownership. [Effective July 1, 2022]

  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 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 co-owners in the conjunctive, by the use of the word “and” or other similar language, in which event transfer shall require the signature of each co-owner;
    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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

§ 31-2-105. Duplicate titles; affidavit of vehicle ownership. [Effective until July 1, 2022]

  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, effective July 1, 2013; 2018 ch. 37, § 1, effective July 1, 2018; 2022 ch. 83, § 1, effective July 1, 2022.

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.”

The 2022 amendment, effective July 1, 2022, added the second sentence in (a).

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).

§ 31-2-105. Duplicate titles; affidavit of vehicle ownership. [Effective July 1, 2022]

  1. Upon loss of a certificate of title, the owner may apply to the county clerk issuing the original title for a duplicate title. For purposes of applying for a duplicate title, “owner” means any one (1) person listed as owner on the face of the 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, effective July 1, 2013; 2018 ch. 37, § 1, effective July 1, 2018; 2022 ch. 83, § 1, effective July 1, 2022.

§ 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, effective July 1, 2016; 2018 ch. 129, § 2, effective July 1, 2018.

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, effective July 1, 2017; 2017 ch. 172, § 1, effective July 1, 2017.

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. 2016 ch. 109, § 1, effective July 1, 2016; 2021 ch. 105, § 1, effective July 1, 2021.

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. 2018 ch. 129, § 1, effective July 1, 2018; 2019 ch. 186, § 1, effective July 1, 2019; 2019 ch. 194, § 1, effective January 1, 2020.

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.”

Article 2. Registration

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 31, 55 to 58.

Validity of regulations respecting type or condition of automobile used in transportation of passengers for hire, 7 ALR2d 1266.

Lack of automobile registration or operator's license as evidence of negligence, 29 ALR2d 963.

Owner's liability for injury by unregistered automobile while being used for servant's own pleasure or business, 51 ALR2d 8, 51 ALR2d 120, 52 ALR2d 350.

Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicles, 58 ALR2d 1351.

Improper use of license plates as affecting liability for injuries, death, or damages in consequence of automobile accident, 99 ALR2d 904.

Plates: validity and construction of statute making it a criminal offense to “tamper” with motor vehicle or contents or to obscure registration plates, 57 ALR3d 606.

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

60 C.J.S. Motor Vehicles §§ 156 to 255.

§ 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, effective January 1, 2016; 2017 ch. 148, § 1, effective July 1, 2018; 2018 ch. 61, § 1, effective July 1, 2018; 2019 ch. 194, § 1, effective January 1, 2020.

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, effective July 1, 2014; 2015 ch. 69, § 1, effective July 1, 2015; 2017 ch. 48, § 1, effective July 1, 2017; 2017 ch. 165, § 1, effective March 6, 2017.

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, effective July 1, 2015; 2021 ch. 34, § 2, effective July 1, 2021.

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, effective July 1, 2017; 2018 ch. 108, § 1, effective July 1, 2018.

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, effective July 1, 2021.

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, effective July 1, 2014; 2015 ch. 83, § 1, effective July 1, 2015.

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, effective January 1, 2016.

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, effective July 1, 2015; 2017 ch. 48, § 2, effective July 1, 2017; 2020 ch. 87, § 1, effective July 1, 2020.

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, effective July 1, 2017.

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, effective July 1, 2014; 2017 ch. 48, § 2, effective July 1, 2017.

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, effective July 1, 2013; 2016 ch. 84, § 1, effective July 1, 2016; 2017 ch. 172, § 1, effective July 1, 2017.

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, effective July 1, 2018; 2021 ch. 34, § 2, effective July 1, 2021.

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 July 1, 2020.

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, effective July 1, 2015.

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, effective July 1, 2014.

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. 2017 ch. 80, § 1, effective January 1, 2018.

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. 2018 ch. 72, § 1, effective January 1, 2019; 2020 ch. 5, § 1, effective July 1, 2020; 2020 ch. 32, § 1, effective July 1, 2020; 2020 ch. 61, § 1, effective July 1, 2020.

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 annually in accordance with W.S. 31-2-206(a) and 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. 2021 ch. 34, § 1, effective July 1, 2021; 2022 ch. 32, § 1, effective March 9, 2022.

The 2022 amendment, added “annually in accordance with W.S. 31-2-206(a) and” in the third sentence of (c).

Laws 2022, ch. 32, § 3, 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 Wyoming Constitution. Approved March 9, 2022.

Effective date. —

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

Editor’s note. —

Laws 2022, ch. 32, § 2, provides, “This act applies to all off-road recreational vehicles as defined in W.S. 31-1-101(a)(xv)(K)(II) as of the effective date of this act. If between July 1, 2021 and the effective date of this act an owner registered an off-road recreational vehicle as defined in W.S. 31-1-101(a)(xv)(K)(II) in accordance with W.S. 31-2-232(c), the vehicle may continue to operate using that registration, and that registration shall expire only upon transfer of ownership of the vehicle.”

Article 3. Dealers and Manufacturers

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

Validity and construction of statute regulating dealings between automobile manufacturers, distributors and dealers, 7 ALR3d 1173; 82 ALR4th 624; 51 ALR Fed 812.

§§ 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.

Article 4. Snowmobiles

Cross references. —

As to operation of snowmobiles on highways, see § 31-5-801 .

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

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.

§ 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, effective July 1, 2014.

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, effective July 1, 2014.

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, effective July 1, 2014.

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, effective July 1, 2013; 2014 ch. 30, § 1, effective July 1, 2014; 2020 ch. 32, § 1, effective July 1, 2020.

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, effective July 1, 2014.

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, effective July 1, 2014.

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, effective July 1, 2014.

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, effective July 1, 2013; 2014 ch. 30, §§ 1, 2, effective July 1, 2014; 2020 ch. 32, § 1, effective July 1, 2020.

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.”

Article 5. Mobile Homes

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

53A Am. Jur. 2d Mobile Homes and Trailer Parks § 1 et seq.

Validity, construction, and application of mobile home eviction statutes, 43 ALR5th 705.

§ 31-2-501. Definitions; application required. [Effective until July 1, 2022]

  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, effective January 1, 2016; 2022 ch. 83, § 1, effective July 1, 2022.

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

The 2022 amendment, effective July 1, 2022, substituted “any” for “every” in (b).

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

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

§ 31-2-501. Definitions; application required. [Effective July 1, 2022]

  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 , any 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, effective January 1, 2016; 2022 ch. 83, § 1, effective July 1, 2022.

§ 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, effective July 1, 2017.

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, effective January 1, 2020.

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. [Effective until July 1, 2022]

  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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

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.”

The 2022 amendment, effective July 1, 2022, added (d).

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.”

§ 31-2-504. Transfer of ownership. [Effective July 1, 2022]

  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.
  4. If a mobile home 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 mobile home without the signature of any other owner on the title unless:
    1. The title states the mobile home is held in joint tenancy with right of survivorship or tenancy by the entirety;
    2. The title states the mobile home is held by co-owners in the conjunctive, by the use of the word “and” or other similar language, in which event transfer shall require the signature of each co-owner;
    3. A transfer of all interests in the mobile home by an owner without the signature of any other owner is otherwise prohibited by law.

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, effective January 1, 2020; 2022 ch. 83, § 1, effective July 1, 2022.

§ 31-2-505. Duplicate titles. [Effective until July 1, 2022]

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, effective July 1, 2018; 2022 ch. 83, § 1, effective July 1, 2022.

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.”

The 2022 amendment, effective July 1, 2022, added the second sentence.

§ 31-2-505. Duplicate titles. [Effective July 1, 2022]

Upon loss of a certificate of title, the owner may apply to the county clerk issuing the original title for a duplicate title. For purposes of applying for a duplicate title, “owner” means any one (1) person listed as owner on the face of the 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, effective July 1, 2018; 2022 ch. 83, § 1, effective July 1, 2022.

§ 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, effective March 8, 2019.

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.

Article 6. Mobile Machinery

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

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

Article 7. Off-Road Recreational Vehicles

Cross references. —

For limitations on use of off-road recreational vehicles, see § 31-5-124 .

As to general registration requirements for vehicles, see article 2 of this chapter.

Editor's notes. —

Laws 2001, ch. 137, § 2, and Laws 2001, ch. 182, § 1, both enacted a new article 7 in chapter 2 of this title. The article enacted by ch. 137, § 2, was redesignated as article 8 at the direction of the Legislative Service Office.

§ 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, effective July 1, 2013; 2020 ch. 32, § 1, effective July 1, 2020.

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.

Article 8. Motor Vehicle Security Interests

Editor's notes. —

Laws 2001, ch. 137, § 2, and Laws 2001, ch. 182, § 1, both enacted a new article 7 in chapter 2 of this title. The article enacted by ch. 137, § 2, was redesignated as article 8 at the direction of the legislative service office.

§ 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, effective July 1, 2021.

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.

Chapter 3 General Fees

Cross references. —

As to disposition of fees and taxes on vehicles and gasoline, see art. 15, § 16, Wyo. Const.

As to gasoline taxes, see § 39-14-201 et seq.

As to sales tax on motor vehicles and trailers, see § 39-15-103(a)(i)(M).

As to use tax on motor vehicles and trailers, see § 39-16-103 .

§ 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, effective July 1, 2013; 2014 ch. 128, §§ 1, 2, effective January 1, 2015; 2015 ch. 93, § 1, effective July 1, 2015; 2017 ch. 165, § 1, effective March 6, 2017; 2017 ch. 210, § 1, effective July 1, 2017; 2020 ch. 32, § 1, effective July 1, 2020; 2021 ch. 16, § 1, effective July 1, 2021.

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, effective July 1, 2013; 2014 ch. 23, § 1, effective July 1, 2014; 2015 ch. 28, § 2, effective July 1, 2015; 2016 ch. 19, § 1, effective July 1, 2016; 2017 ch. 48, § 2, effective July 1, 2017; 2019 ch. 121, § 1, effective July 1, 2019.

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.

Chapter 4 General Offenses and Penalties

Cross references. —

As to throwing burning substances from vehicles, see § 6-3-107 .

Stated in

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

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 244 to 426; 8 Am. Jur. 2d Automobiles and Highway Traffic § 427 et seq.

Miranda warnings: right of motorist stopped by police officers for traffic offense to be informed at that time of his federal constitutional rights under Miranda v. Arizona, 25 ALR3d 1076.

§ 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, effective July 1, 2013; 2017 ch. 132, § 2, effective March 3, 2017; 2017 ch. 152, § 1, effective July 1, 2017.

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, effective July 1, 2020.

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 .

Chapter 5 Regulation of Traffic on Highways

Cross references. —

As to highways generally, see title 24.

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 244 to 426.

Validity of statutes creating liability or lien for injury or damages inflicted by one other than owner operating automobile, 74 ALR3d 739.

Liability for automobile accident allegedly caused by driver's blackout, sudden unconsciousness or the like, 93 ALR3d 326.

Liability for killing or injuring by motor vehicle of livestock or fowl on highway, 55 ALR4th 822.

60 C.J.S. Motor Vehicles §§ 38 to 68.

Article 1. In General

§ 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, effective July 1, 2013; 2015 ch. 110, § 1, effective July 1, 2015; 2017 ch. 165, § 1, effective March 6, 2017; 2019 ch. 95, § 2, effective July 1, 2019.

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, effective July 1, 2015.

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, effective July 1, 2019.

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. [Effective until July 1, 2022]

  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, effective March 6, 2017; 2022 ch. 44, §§ 1, 2, effective July 1, 2022.

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.

The 2022 amendment, by ch. 44, §§ 1, 2, effective July 1, 2022, in (a), added “or astride” following “ride only,” deleted “permanent and regular” preceding “seat,” substituted “designed to be used by the driver, including a seat that incorporates a wheelchair or other assistive device,” for “attached thereto,” added “or astride” following “may ride upon,” deleted “permanent and” preceding “regular seat”; rewrote (b), which read, “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”; added (k)(i) designation; substituted “is” for “was” in present (k)(i); added (k)(ii); repealed former (n), which read, “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”; and made related changes.

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.

§ 31-5-115. Operation of motorcycles, autocycles and pedestrian vehicles. [Effective July 1, 2022]

  1. A person operating a motorcycle shall ride only upon or astride the seat designed to be used by the driver, including a seat that incorporates a wheelchair or other assistive device, 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 or astride the 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 a motorcycle only upon or astride a seat designed to be used by the driver or, if the person is a passenger, a seat designed to be used by a passenger. If the seat is a saddle, a person shall only sit astride the saddle, 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:
    1. Attaching a motorcycle trailer or motorcycle semitrailer to a motorcycle if the trailer or semitrailer is designed for the attachment;
    2. Attaching a person, wheelchair or other assistive device as defined in W.S. 31-1-101(a)(xxxiii) to a motorcycle if the motorcycle is 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. Repealed by Laws 2022, ch. 44, § 2.
  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, effective March 6, 2017; 2022 ch. 44, §§ 1, 2, effective July 1, 2022.

§ 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, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

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, effective July 1, 2019.

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, effective July 1, 2021.

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.

Article 2. Operation of Vehicles Generally

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

8 Am. Jur. 2d Automobiles and Highway Traffic §§ 427 to 1041.

What amounts to reckless driving within statute making reckless driving of automobile a criminal offense, 52 ALR2d 1337.

Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam, 32 ALR4th 933.

Automobiles: liability for U-turn collisions, 53 ALR4th 849.

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.

60 C.J.S. Motor Vehicles §§ 42 to 68.

§ 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, effective July 1, 2015; 2017 ch. 165, § 1, effective March 6, 2017; 2019 ch. 95, § 2, effective July 1, 2019.

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, effective July 1, 2018; 2021 ch. 84, § 1, effective July 1, 2021.

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, effective July 1, 2019.

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, effective July 1, 2014; 2015 ch. 40, § 1, effective July 1, 2015; 2019 ch. 49, § 2, effective July 1, 2019.

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.

Article 3. Speed Regulations

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 288 to 305.

Indefiniteness of automobile speed regulations as affecting validity, 6 ALR3d 1326.

Radar and speed: proof, by radar or other mechanical or electronic devices, of violation of speed regulations, 47 ALR3d 822.

Radar detector: possession or operation of device for detecting or avoiding traffic radar as criminal offense, 17 ALR4th 1334.

60 C.J.S. Motor Vehicles §§ 63 to 68; 61A C.J.S. Motor Vehicles §§ 1435 to 1453.

§ 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, effective July 1, 2014; 2015 ch. 139, § 1, effective March 4, 2015; 2015 ch. 109, § 1, effective July 1, 2015; 2016 ch. 114, § 1, effective March 14, 2016.

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, effective July 1, 2014; 2015 ch. 139, § 1, effective March 4, 2015; 2016 ch. 114, § 1, effective March 14, 2016.

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).

Article 4. Traffic-Control Devices

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 244 to 426.

39 Am. Jur. 2d Highways, Streets and Bridges §§ 397 to 410.

Liability of governmental unit for collision with safety and traffic-control devices in traveled way, 7 ALR2d 226.

Liability of private person who negligently causes malfunctioning, removal or extinguishment of traffic signal or sign for subsequent motor vehicle accident, 64 ALR2d 1364.

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.

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.

Liability of highway authorities arising out of motor vehicle accident allegedly caused by failure to erect or properly maintain traffic-control device at intersection, 34 ALR3d 1008.

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

Legal aspects of speed bumps, 60 ALR4th 1249.

60 C.J.S. Motor Vehicles § 68; 60A C.J.S. Motor Vehicles § 783.

§ 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.

Article 5. Stopping, Standing and Parking

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

8 Am. Jur. 2d Automobiles and Highway Traffic §§ 973 to 1019.

When is motor vehicle “disabled” or the like within exceptions of statute regulating parking or stopping, 15 ALR2d 909.

Construction and effect in civil actions of statute, ordinance or regulation requiring vehicles to be stopped or parked parallel with and within certain distances of curb, 17 ALR2d 582.

Construction and operation of regulations as to sudden stop or slowing of motor vehicle, 29 ALR2d 5.

Right to park vehicles on private way, 37 ALR2d 944.

Inference or presumption that owner of motor vehicle was its driver at time of parking offense, 49 ALR2d 456.

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.

Liability of owner or driver of double-parked motor vehicle for ensuing injury, death or damage, 82 ALR2d 726.

Motorist's liability for injury to one in or about a street or highway for the purpose of directing or warning traffic, 98 ALR2d 1169.

Liability of owner or operator of automobile for injury to one assisting in extricating or starting his stalled or ditched car, 3 ALR3d 780.

Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident, 4 ALR3d 324.

Liability of motorist colliding with person assisting or near stalled or disabled vehicle on or near highway, 27 ALR3d 12.

Applicability of last clear chance doctrine to collision between moving and stalled, parked or standing motor vehicle, 34 ALR3d 570.

Brakes: failure to set brakes, or maintain adequate brakes, as causing accidental runaway of parked motor vehicle, 42 ALR3d 1252.

Contributory negligence as defense to action for injury or damage caused by accidental starting up of parked motor vehicle, 43 ALR3d 930.

Presumption of negligence and application of res ipsa loquitur doctrine in action for injury or damage caused by accidental starting up of a parked motor vehicle, 55 ALR3d 1260.

Liability or recovery in automobile negligence action as affected by absence or insufficiency of lights on parked or standing motor vehicle, 61 ALR3d 13.

60 C.J.S. Motor Vehicles §§ 51 to 62.

§ 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, effective March 24, 2020.

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, effective July 1, 2019.

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, effective July 1, 2013.

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, effective July 1, 2013.

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.

Article 6. Pedestrians' Rights and Duties

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

8 Am. Jur. 2d Automobiles and Highway Traffic §§ 458 to 496.

Who is “pedestrian” with respect to rights given and duties imposed by traffic rules and regulations, 30 ALR2d 866.

Application of “assured clear distance ahead” or “radius of lights” doctrine to accident involving pedestrian crossing street or highway, 31 ALR2d 1424.

Contributory negligence of one standing in highway to attempt to warn approaching motorists of dangerous situation, 53 ALR2d 1002.

Contributory negligence, in motor vehicle accident case, of pedestrian under physical disability, 83 ALR2d 769.

Anti-hitchhiking laws: their construction and effect in action for injury to hitchhiker, 46 ALR3d 964.

Who is “pedestrian” entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 ALR4th 1117.

Sufficiency of evidence to raise last clear chance doctrine in cases of automobile collision with pedestrian or bicyclist—modern cases, 9 ALR5th 826.

60A C.J.S. Motor Vehicles §§ 771, 778 to 784.

§ 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, effective July 1, 2013.

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.

Article 7. Bicycles and Electric Bicycles

§ 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, effective July 1, 2019.

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. 2019 ch. 95, § 1, effective July 1, 2019.

Effective date. —

Laws 2019, ch. 95, § 3, makes the act effective July 1, 2019.

Article 8. Snowmobiles

Cross references. —

As to registration of snowmobiles, see § 31-2-401 et seq.

§ 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.

Article 9. Equipment

Division 1. Generally

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 208 to 231.

Effect of violation of safety equipment statute as establishing negligence in automobile accident litigation, 38 ALR3d 530.

Validity and construction of safety standards issued under National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 USC § 1381 et seq.), 6 ALR Fed 988.

60 C.J.S. Motor Vehicles § 38 to 40.

§ 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, effective March 6, 2017; 2019 ch. 95, § 2, effective July 1, 2019; 2021 ch. 34, § 2, effective July 1, 2021.

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).

Division 2. Lights; Safety Equipment

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 208 to 231.

Driving motor vehicle without lights or with improper lights as affecting liability for collision, 21 ALR2d 7.

Lights: liability or recovery in automobile negligence action as affected by absence or insufficiency of lights on parked or standing motor vehicle, 61 ALR3d 13.

Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without front lights, or with improper front lights, 62 ALR3d 560.

Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors, 62 ALR3d 771.

Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load or similar auxiliary lights, 62 ALR3d 844.

Construction and operation of regulations as to dimming motor vehicle's lights, 63 ALR3d 824.

Liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle, 64 ALR3d 551.

Liability or recovery in automobile negligence action as affected by driver's being blinded by lights other than those of a motor vehicle, 64 ALR3d 760.

60 C.J.S. Motor Vehicles § 38 to 40.

§ 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, effective March 6, 2017; 2021 ch. 34, § 2, effective July 1, 2021.

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, effective March 6, 2017; 2021 ch. 34, § 2, effective July 1, 2021.

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, effective March 6, 2017; 2021 ch. 34, § 2, effective July 1, 2021.

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, effective March 6, 2017; 2021 ch. 34, § 2, effective July 1, 2021.

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, effective February 17, 2017; 2021 ch. 84, § 1, effective July 1, 2021.

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, effective March 6, 2017.

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.

Division 3. Other Equipment

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

Defective brakes: liability of owner or operator of motor vehicle for injury, death or property damage resulting from defective brakes, 40 ALR3d 9.

§ 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, effective July 1, 2021.

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, effective July 1, 2021.

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, effective July 1, 2021.

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, effective July 1, 2021.

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.

Division 4. Unsafe Motor Vehicles

§ 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).

Article 10. Size and Weight Limits

Cross references. —

As to liability for damage to street, highway or bridge from violation of weight or height limitations, see § 31-12-103 .

For present provisions concerning size and weight limits, see §§ 31-18-801 through 31-18-808 .

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 232 to 237; 8 Am. Jur. 2d Automobiles and Highway Traffic § 839.

Violation of regulation governing size or weight of motor vehicles, or combinations of vehicles and loads, on the highway as basis of liability for personal injury, death or damage to private property, 21 ALR3d 989.

Federal regulation of tractor-trailer configuration under the Surface Transportation Assistance Act of 1982 (49 USC Appx § 2301 et seq.) [ 49 USC § 31101 et seq.], 77 ALR Fed 350.

60 C.J.S. Motor Vehicles §§ 43, 44.

§§ 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.

Article 11. Accidents

Cross references. —

As to motor vehicle division keeping accident reports and records, see § 31-7-120 .

As to suspension of licenses and registrations in regard to accidents, see § 31-9-202 et seq.

As to reports of accidents by public utilities, see § 37-2-203 .

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 349 to 409.

Violation of statute requiring one involved in an accident to stop and render aid as affecting civil liability, 80 ALR2d 299.

Necessity and sufficiency of showing in a criminal prosecution under a “hit-and-run” statute accused's knowledge of accident, injury or damage, 23 ALR3d 497.

Sufficiency of compliance with requirement of criminal “hit and run” statute that motorist identify himself, 48 ALR3d 685.

Sufficiency of showing of driver's involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification or render aid, 82 ALR4th 232.

Necessity and sufficiency of showing, in criminal prosecution under “hit-and-run” statute, accused's knowledge of accident, injury or damage, 26 ALR5th 1.

No-fault insurance coverage for injury or death of insured occurring during carjacking or attempted carjacking, 42 ALR5th 727.

60 C.J.S. Motor Vehicles § 41; 61A C.J.S. Motor Vehicles §§ 1456 to 1485, 1488 to 1504.

§ 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, effective July 1, 2013.

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, effective July 1, 2013.

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, effective July 1, 2013.

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, effective July 1, 2013; 2017 ch. 174, § 1, effective March 6, 2017.

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, effective July 1, 2013; 2017 ch. 174, §§ 1, 2, effective March 6, 2017.

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.

Article 12. Offenses, Penalties and Enforcement

Cross references. —

As to revocation or suspension of driver's license or operating privilege, see §§ 31-7-123 through 31-7-135 .

As to enforcement of motor vehicle laws by state highway patrol, see § 24-12-102 .

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 244 to 426; 8 Am. Jur. 2d Automobiles and Highway Traffic § 427 et seq.

61A C.J.S. Motor Vehicles §§ 1311 to 1552.

§ 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, effective March 4, 2015; 2015 ch. 109, § 1, effective July 1, 2015; 2016 ch. 43, § 1, effective July 1, 2016; 2016 ch. 114, § 1, effective March 15, 2016; 2018 ch. 117, §§ 1, 2, effective July 1, 2018; 2020 ch. 96, § 1, effective July 1, 2020.

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, effective July 1, 2020.

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, effective July 1, 2020.

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)

Article 13. Child Safety Restraint

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.

Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 ALR5th 1.

§ 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.

Article 14. Safety Belt Usage

Public information program. —

Laws 1989, ch. 274, § 2, provides: “To the extent federal funds are available for that purpose, the highway department shall develop a program of public information to inform Wyoming citizens about the requirements of this act.”

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.

Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 ALR5th 1.

Nonuse of seatbelt as reducing amount of damages recoverable, 62 ALR5th 537.

§ 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, effective March 6, 2017.

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.

Article 15. Motorcycle Safety Education Program

§ 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, effective July 1, 2021.

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.

Article 16. Off-road recreational vehicles

§ 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, effective March 4, 2016; 2021 ch. 34, § 2, effective July 1, 2021.

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).

Article 17. Nonconsensual Towing Services

§ 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. 2015 ch. 125, § 1, effective July 1, 2015.

Effective date. — Laws 2015, ch. 125, § 2, makes the act effective July 1, 2015.

Chapter 6 Implied Consent to Chemical Testing

Cross references. —

As to driving under the influence and presumptions from amount of alcohol in blood, see § 31-5-233 .

As to revocation of driver's license upon conviction of driving under the influence, see § 31-7-127 .

History of implied consent law. —

See 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).

Intent of chapter. —

This chapter was intended to facilitate tests for intoxication and not to inhibit the ability of the state to remove drunken drivers from the highways of the state. This chapter was not designed to give greater rights to suspected drunken drivers than were constitutionally afforded before its passage. 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).

Chapter must be liberally construed to effectuate its policies. 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).

Stated in

Feeney v. State, 714 P.2d 1229, 1986 Wyo. LEXIS 493 (Wyo. 1986).

Law reviews. —

For comment, “Filling in the Blanks after Prouse: A New Standard for the Drinking-Driving Roadblock,” see XX Land & Water L. Rev. 241 (1985).

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 356 to 372; 8 Am. Jur. 2d Automobiles and Highway Traffic §§ 1085 to 1089.

61A C.J.S. Motor Vehicles §§ 1402 to 1411.

§ 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).

Consent to chemical testing.—

Read together, the statutes said an accused may go and secure any additional blood alcohol tests but the failure or inability to obtain an additional test had no bearing on an officer’s own test, and it was not an officer’s responsibility to ensure he obtained any test; the law enforcement officers did not deprive the driver of his right to an independent chemical test of his blood alcohol content, and his statutory and due process rights were not violated. Johnson v. State ex rel. Wyo. DOT, 2021 WY 116, 497 P.3d 895, 2021 Wyo. LEXIS 125 (Wyo. 2021).

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).

Suspension proceedings civil in nature.

Office of Administrative Hearing’s decision upholding the suspension of appellant’s driver’s license and operating privileges was affirmed because appellant’s inability to obtain an independent blood alcohol test was not caused by law enforcement, but was a result of appellant’s inability to pay. Flauding v. State ex rel. Wyo. DOT, 2021 WY 131, 499 P.3d 272, 2021 Wyo. LEXIS 139 (Wyo. 2021).

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.

§ 31-6-103. Application for hearing; stay of suspension of license; scope of hearing.

  1. A timely request for a hearing shall stay the suspension until the order following the hearing is entered and all appellate review of the matter is completed, provided the stay of suspension is effective only so long as there is no suspension for a similar violation during the hearing and appeal period.
  2. The scope of a hearing for the purposes of this act shall cover the issues of whether a peace officer had probable cause to believe the arrested person had been driving or was 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), whether the person was placed under arrest, or if a test was administered, whether the test results indicated that the person had an alcohol concentration of eight one-hundredths of one percent (0.08%) or more, and whether, except for the persons described in this act who are incapable of cooperating with the administration of the test, he had been given the advisements required by W.S. 31-6-102(a)(ii). At the conclusion of the hearing, the hearing examiner shall order that the suspension either be rescinded or sustained. If a chemical test was administered, the hearing examiner has the same authority to modify a license suspension under this act as he does under W.S. 31-7-105 .
  3. Prehearing discovery, available to any interested party is limited to access to the notice of suspension, signed statement and any accompanying documentation submitted by the arresting officer. Other types of discovery available under other law are not available in a hearing under this section.

History. Laws 1971, ch. 158, § 3; W.S. 1957, § 31-247.3; Laws 1985, ch. 211, § 1; ch. 234, § 2; 1986, ch. 75, § 1; 1987, ch. 131, § 1; 1989, ch. 119, § 2; 2002 Sp. Sess., ch. 61, § 1; 2009, ch. 160, § 1; 2011, ch. 178, § 1.

The 2009 amendment, effective July 1, 2009, substituted “given the advisements required by W.S. 31-6-102(a)(ii)” for “advised that his Wyoming driver's license or privilege to operate a motor vehicle shall be suspended for the period provided by W.S. 31-6-107 if he refused to submit to a test and suspended for ninety (90) days and subject him to criminal penalties if he submitted to the test and the results indicate the person is under the influence of alcohol” in the first sentence of (b).

The 2011 amendment, effective July 1, 2011, in (b), substituted “or if a test was administered” for “whether he refused to submit to a test upon request of the peace officer or if he submitted to a test,” substituted “cooperating with the administration of the test” for “refusing,” deleted “the person submitted to” following “If” in the last sentence, and inserted “was administered.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-6-101(a)(v).

Jurisdiction.—

Office of Administrative Hearings (OAH) had jurisdiction over a driver’s administrative license suspension proceeding where the driver did not challenge the constitutionality of a statute but only asserted that the law enforcement officer did not comply with the law with respect to an independent blood test, and it was within the OAH’s authority to make that factual determination. Johnson v. State ex rel. Wyo. DOT, 2020 WY 19, 458 P.3d 40, 2020 Wyo. LEXIS 18 (Wyo. 2020).

Limitation of discovery. —

Subsection (c) of this section limits discovery and there is no constitutional right to broader discovery, and thus defendant was not entitled to discovery of information concerning equipment used to perform chemical breath analysis. Jones v. State ex rel. Wyoming DOT, 991 P.2d 1251, 1999 Wyo. LEXIS 179 (Wyo. 1999).

Probable cause. —

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 the State proved under Wyo. Stat. Ann. § 31-6-103(b) that an officer had probable cause at the time to believe defendant was driving while intoxicated; 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).

Driver's license suspension proceedings were “instituted,” within the meaning of § 16-3-113(c), when the department forwarded 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).

Adequate advisement. —

Trooper's advisement regarding the possible scenario for obtaining a search warrant and a forcible blood draw based upon it was not misleading, and it did not trick appellee into consenting to the breath test; the hearing examiner correctly found that appellee was adequately advised and not tricked or misled. State ex rel. Wyo. DOT v. Icenhower, 2014 WY 160, 339 P.3d 289, 2014 Wyo. LEXIS 183 (Wyo. 2014).

Probable cause. —

Probable cause did not exist to arrest defendant for driving while under the influence of alcohol or controlled substances because, while reasonable suspicion existed to detain defendant beyond the scope of defendant's traffic stop for failing to use turn signals to conduct field sobriety tests, defendant's portable breath test was negative for alcohol and searches of defendant's vehicle and defendant's person prior to defendant's arrest produced no evidence of controlled substances. Vogt v. State ex rel. DOT, 2013 WY 123, 310 P.3d 899, 2013 Wyo. LEXIS 129 (Wyo. 2013).

Not necessary to tell arrested 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 the 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).

Scope of the hearing limited. —

In an administrative license suspension proceeding, appellant's challenges to the constitutionality and validity of municipal ordinances were beyond the scope of the proceeding before the Office of Administrative Hearings (OAH). Appellant's claim that she had the right to an attorney as soon as she was told that her choice of submitting to a chemical test would result in a possible jail sentence could not have been brought before the OAH examiner under this section. Walters v. State ex rel. Wyo. DOT, 2013 WY 59, 300 P.3d 879, 2013 Wyo. LEXIS 63 (Wyo. 2013).

Use of implied-consent report form alone is sufficient to support license suspension. Department of Revenue & Taxation v. Hull, 751 P.2d 351, 1988 Wyo. LEXIS 24 (Wyo. 1988).

Order set forth sufficient findings of fact to establish that probable cause existed. —

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).

Arrest report, statement, properly admitted into evidence. —

Where a hearing examiner admitted into evidence the arresting officer's sworn statement and attached arrest report, which established the issues set forth in subsection (b), the hearing examiner complied with this section. Nesius v. State Dep't of Revenue & Taxation, 791 P.2d 939, 1990 Wyo. LEXIS 135 (Wyo. 1990).

Fruit of poisonous tree doctrine did not apply. —

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, refused to show the officer his driver's license, and refused a breath test; due to the probable cause determination, the fruit of the poisonous tree doctrine did not bar evidence of appellant's arrest in his license suspension proceeding. Vasco v. State, 2011 WY 100, 253 P.3d 515, 2011 Wyo. LEXIS 102 (Wyo. 2011).

Quoted in

; Dubbelde v. State ex rel. DOT, 2014 WY 63, 2014 Wyo. LEXIS 68 (May 15, 2014).

Romsa v. State ex rel. Wyo. DOT, 2012 Wyo. LEXIS 153 , 2012 WY 146; 2012 Wyo. LEXIS 153 (Nov 20, 2012).

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

§ 31-6-104. Right to petition for subsequent hearing; suspension applies to all licenses held; persons not required to take test.

  1. If the suspension is sustained after a hearing, the person whose Wyoming driver’s license or privilege to operate a motor vehicle has been suspended under this act may file a petition within thirty (30) days thereafter for a review of the record in the matter in the district court in the county in which the person resides, or in the case of suspension of a nonresident’s operating privilege, then in Laramie county or the county where the offense is alleged to have occurred. The district court shall immediately set the matter for determination upon thirty (30) days written notice to the department.
  2. A suspension under this act applies to all driver’s licenses held by the person and all driver’s licenses shall be surrendered to the department. The department shall physically retain the license or licenses during the period of suspension except as provided in W.S. 31-7-138(f).
  3. Any person who furnishes proof that he is afflicted with hemophilia is exempt from the blood test required by this act. Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a physician is exempt from the blood test required by this act.

History. Laws 1971, ch. 158, § 4; W.S. 1957, § 31-247.4; Laws 1985, ch. 234, § 2; 1987, ch. 131, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-6-101(a)(v).

Stated in

Nesius v. State Dep't of Revenue & Taxation, 791 P.2d 939, 1990 Wyo. LEXIS 135 (Wyo. 1990).

§ 31-6-105. Method of performing chemical analysis; persons permitted to draw blood; request by arrested person for test; information made available; evidence of refusal to take test.

  1. Chemical analysis of the person’s blood, breath or urine to be considered valid under this section, shall be performed according to methods approved by the department of health and by an individual possessing a valid permit to conduct the analysis. Permits shall be issued by the department of health for this purpose. The department of health may promulgate and approve satisfactory methods in order to ascertain the qualifications of individuals permitted to conduct the analysis and shall issue to qualified individuals permits which are subject to termination or revocation by the department of health.
  2. When a person undergoes a blood test required by a peace officer under this act, only a physician, registered nurse, qualified clinical or laboratory technician or other person who routinely does venipunctures at the direction of a physician may withdraw blood for the purpose of determining the alcohol concentration or controlled substance content therein. This limitation does not apply to the taking of other specimens.
  3. A person arrested for any offense allegedly committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or a controlled substance to a degree which renders him incapable of safely driving the vehicle, may request the peace officer to have a chemical test or tests made of the arrested person’s blood, breath or urine for the purpose of determining the alcohol or controlled substance content of the arrested person’s blood. If the tests are available they shall be performed in or near the locality where the arrest was made as promptly as possible after the arrest.
  4. The person tested may, at his own expense, have any qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a peace officer. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test or tests taken at the direction of a peace officer.
  5. Upon the request of a person who undergoes a chemical test or tests as required by a peace officer, full information concerning the test or tests shall be made available to the person or his attorney.
  6. Repealed by Laws 2011, ch. 178, § 2.

History. Laws 1971, ch. 158, § 5; W.S. 1957, § 31-247.5; Laws 1973, ch. 195, § 1; W.S. 1977, § 31-7-133 ; Laws 1985, ch. 211, § 1; ch. 234, § 2; 1989, ch. 119, § 2; 1991, ch. 221, § 2; 2011, ch. 178, §§ 1, 2.

The 2011 amendment, effective July 1, 2011, in (b), substituted “undergoes a blood test required by” for “submits to a blood test at the request of”; in (e), substituted “undergoes” for “submits to,” and “as required by” for “at the request of”; and repealed former (f), pertaining to evidence of refusal to submit to chemical test.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-6-101(a)(v).

Section is constitutional. City of Laramie v. Mengel, 671 P.2d 340, 1983 Wyo. LEXIS 383 (Wyo. 1983).

Discovery. —

State complied with this section when it provided to defendant with the results of his breathalyzer test, the operational checklist used during his tests, the manual for using the subject machine in his case, and the certification records for the machine used. Anderson v. State, 2014 WY 13, 317 P.3d 1108, 2014 Wyo. LEXIS 13 (Wyo. 2014).

Breathalyzer test results not invalidated by failure to promulgate rules governing chemical testing. —

Where the department of health and social services (now department of health), under subsection (a), approved the method of testing for chemical sobriety, its failure to promulgate rules governing chemical testing results pursuant to the Administrative Procedure Act (chapter 3 of title 16) did not invalidate the breathalyzer test results of the defendant, arrested for driving under the influence. Wheeler v. State, 705 P.2d 861, 1985 Wyo. LEXIS 557 (Wyo. 1985).

Valid permit. —

The plain and ordinary meaning of Wyo. Stat. Ann. § 31-6-105(b) requires testing to be performed by a person who possesses a valid permit, who may or may not be the arresting officer, only when a chemical analysis of the person's blood, breath, or urine is performed, and where testing was never performed, the question of whether the officer, or whoever would have conducted the test, possessed a valid permit was irrelevant. 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 per se driver's license suspension stood as the test operator's permit was valid, as she had not been notified otherwise, Wyo. Stat. Ann. § 31-6-105(a). Miller v. State ex rel. Wyo. DOT, 283 P.3d 1153, 2012 WY 115, 2012 Wyo. LEXIS 121 (Aug 31, 2012).

Validity of chemical test result. —

Certified record at the administrative hearing established that the arresting officer performed the chemical analysis of the motorist's breath according to methods approved under this section, and as a result, it was proper for the Office of Administrative Hearings to apply a mandatory presumption that the underlying chemical test result was valid. Romsa v. State ex rel. Wyo. DOT, 2012 WY 146, 288 P.3d 695, 2012 Wyo. LEXIS 153 (Wyo. 2012).

Test of urine sample. —

Sample of defendant's urine, which was drawn from a catheter by a nurse in a hospital, was admissible in defendant's trial for driving while under the influence of alcohol because it was collected in a manner that was statutorily authorized. Stowe v. State, 2014 WY 97, 331 P.3d 127, 2014 Wyo. LEXIS 113 (Wyo. 2014).

Observation period. —

In a licence suspension case, the hearing examiner's decision that the officer complied with the 15 minute observation period for admission of a chemical test pursuant to this section 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).

Suspect may withdraw consent to test. —

Under § 31-6-102(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).

Finding that registered nurse drew blood supported by initials “RN” on applicable form. —

An individual who certified that she drew blood samples and wrote the initials “RN” on the applicable form may be found by the trier of fact to be a registered nurse under subsection (b), as it is generally recognized by the majority of the people that the initials “RN” are an abbreviation for registered nurse. Joelson v. State, 674 P.2d 229, 1984 Wyo. LEXIS 240 (Wyo. 1984).

Applied in

Miller v. Wyo. Dep't of Health, 2012 WY 65, 275 P.3d 1257, 2012 Wyo. LEXIS 69 (May 9, 2012).

Cited in

Jones v. State ex rel. Wyoming DOT, 991 P.2d 1251, 1999 Wyo. LEXIS 179 (Wyo. 1999).

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. —

Duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law, 95 ALR3d 710.

Admissibility in criminal case of evidence that accused refused to take test of intoxication, 26 ALR4th 1112.

Consumption or destruction of physical evidence due to testing or analysis by prosecution's expert as warranting suppression of evidence or dismissal of case against accused in state court, 40 ALR4th 594.

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.

Authentication of blood sample taken from human body for purposes of determining blood alcohol content, 76 ALR5th 1.

Admissibility and sufficiency of extrapolation evidence in DUI prosecutions, 119 ALR5th 379.

§ 31-6-106. No liability incurred by persons requested to administer test.

No physician, registered nurse, qualified clinical or laboratory technician or other person who routinely does venipunctures at the direction of a physician or facility in which the blood is drawn shall incur any civil or criminal liability as a result of the proper administration of a blood test when requested in writing by a peace officer or any other person to administer the test.

History. Laws 1971, ch. 158, § 6; W.S. 1957 § 31-246.6; Laws 1985, ch. 211, § 1; ch. 234, § 2.

§ 31-6-107. [Repealed.]

Repealed by Laws 2011, ch. 178, § 2.

Cross references. —

As to ignition interlock licenses, see § 31-7-401 et seq.

Editor's notes. —

This section, which derived from Laws 1989, ch. 119, § 1, related to penalty for refusal to submit to chemical testing.

Laws 2011, ch. 178, § 3, makes the act effective July 1, 2011.

Proof of probable cause to arrest. —

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).

Order set forth sufficient findings of fact to establish thatprobable cause existed. —

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).

Intentional refusal. —

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).

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).

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).

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

Driving while intoxicated: subsequent consent to sobriety test as affecting initial refusal, 28 ALR5th 459.

Mental incapacity as justifying refusal to submit to tests for driving while intoxicated, 76 ALR5th 597.

§ 31-6-108. Implied consent requirements for youthful drivers.

  1. If arrested for an offense as defined by W.S. 31-5-234 :
    1. A person under twenty-one (21) years of age who drives or is in actual physical control of a motor vehicle within this state is deemed to have given consent, subject to the provisions of this section, to a chemical test or tests of his blood, breath or urine for the purpose of determining alcohol concentration in his blood;
    2. The test or tests shall be administered at the direction of a peace officer, who has probable cause to believe that the driver was driving or in actual physical control of a motor vehicle in this state in violation of W.S. 31-5-234 (b). The peace officer who requires a test pursuant to this section may direct that the test shall be of blood, breath or urine. However, if the officer directs that the test be of the person’s blood or urine, the person may choose whether the test shall be of blood or urine;
    3. The test or tests results 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. For tests required under this section, the person shall be advised that:
    1. Repealed by Laws 2011, ch. 178, § 2.
    2. If the results of the test indicate an alcohol concentration of two one-hundredths of one percent (0.02%) or more, he may be subject to denial or suspension of his driver’s license for the period specified by W.S. 31-7-128(h) and he may be required to drive only vehicles equipped with an ignition interlock device;
    3. After all chemical tests required by the peace officer have been administered at a place and in the 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.
  3. Results of tests obtained at the person’s expense shall be made available to the peace officer and the person. Disclosure of the test results by the person administering the test is not a violation of the doctor-patient relationship.
  4. Any person dead, unconscious or otherwise in a condition rendering him incapable of cooperating with the administration of the tests is deemed to have given his consent provided for in this section, and the tests may be administered subject to this section. A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.
  5. Repealed by Laws 2011, ch. 178, § 2.
  6. If a test discloses an alcohol concentration of two one-hundredths of one percent (0.02%) or more, 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 pursuant to W.S. 31-7-105 and that failure to timely request a hearing will result in the period of suspension or license denial 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. 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 period of suspension or denial 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. A temporary license issued under this subsection shall afford no driving privilege to a person who is not otherwise licensed to drive a motor vehicle.
  7. A timely request for a hearing shall stay the period of suspension or denial until the order following the hearing is entered and all appellate review of the matter is completed, provided the stay is effective only so long as there is no license suspension or denial for a similar violation during the hearing and appeal period.
  8. At the conclusion of the hearing, the hearing examiner shall order whether or not the person’s driver’s license shall be suspended or denied. The scope of the hearing shall be limited to the issues of:
    1. Whether the peace officer had probable cause to believe the person was driving or in actual physical control of a vehicle with an alcohol concentration of two one-hundredths of one percent (0.02%) or more;
    2. Whether the results of a test indicated there was an alcohol concentration of two one-hundredths of one percent (0.02%) or more;
    3. Whether the person had been given the advisement required in subsection (b) of this section; and
    4. Whether the person has shown good cause as to why his license should not be suspended or denied, regardless of the findings in paragraphs (i) through (iii) of this subsection.
  9. Prehearing discovery available to any party is limited to access to the signed statement and any accompanying documentation submitted by the peace officer. Other types of discovery available under other laws are not available under this section.
  10. Repealed by Laws 2011, ch. 178, § 2.
  11. W.S. 31-6-102(g), 31-6-104(c), 31-6-105(a), (b) and (e) and 31-6-106 apply to this section.
  12. Repealed by Laws 2011, ch. 178, § 2.
  13. Records of convictions or license suspensions under this section 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 . Any records maintained by the department for administration of this section shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the provisions of this section. Any driver’s license suspension or related records under this section shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this section.
  14. Repealed by Laws 2011, ch. 178, § 2.

History. Laws 1998, ch. 102, § 1; 2002 Sp. Sess., ch. 93, § 1; 2009, ch. 160, § 1; 2011, ch. 178, §§ 1, 2.

The 2009 amendment, effective July 1, 2009, added “and he may be required to drive only vehicles equipped with an ignition interlock device” at the end of (b)(i) and at the end of (b)(ii); and added (p).

The 2011 amendment, effective July 1, 2011, added (a)(iii); repealed former (b)(i), pertaining to suspension of license for failure to submit to required chemical tests; in (b)(ii), deleted “a test is taken and” following “If” and inserted “of the test”; in (b)(iii), substituted “After all chemical tests required by the peace officer have been administered” for “After submitting to all required chemical tests requested by the peace officer”; in (d), substituted “cooperating with the administration of” for “refusal to submit to,” and added the last two sentences; repealed former (e), pertaining to refusal of chemical testing; in (f), substituted “If a test” for “If the person refuses testing or submits to a test which”; (h)(ii), deleted “person refused to submit to a test or if he submitted to a test, the” following “Whether the” and inserted “of a test”; repealed former (k), pertaining to admissible evidence of refusal in any action; repealed former (n), pertaining to receipt of statements regarding refusal to submit to tests; and repealed former (p) pertaining to a second or subsequent suspension of driver's license.

Editor's notes. —

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

Meaning of “this act.” —

For the definition of “this act”, referred to in the third sentence of subsection (f), see § 31-6-101(a)(v).

Chapter 7 Driver's Licenses

For legislative history of this chapter, see Department of Revenue & Taxation v. Irvine, 589 P.2d 1295, 1979 Wyo. LEXIS 358 (Wyo. 1979).

Law reviews. —

For article, “Administration of the Wyoming Financial Responsibility Act,” see 5 Wyo. L.J. 84.

For article, “The License Problem,” see 11 Wyo. L.J. 106.

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 55 to 104.

Lack of proper automobile registration or operator's license as evidence of negligence, 29 ALR2d 963.

Liability of parent who gives automobile or motorcycle to minor child forbidden by statute to operate same for child's negligence, 36 ALR2d 735.

What amounts to conviction or adjudication of guilt for purposes of refusal, revocation or suspension of automobile driver's license, 79 ALR2d 866.

Youth of operator of automobile as affecting his negligence, 92 ALR2d 872.

Denial, suspension or cancellation of driver's license because of physical disease or defect, 38 ALR3d 452.

State's liability for improperly licensing negligent driver, 79 ALR3d 955.

Validity and application of statute or regulation authorizing revocation or suspension of driver's license for reason unrelated to use of, or ability to operate, motor vehicle, 18 ALR5th 542.

Admissibility in motor vehicle license suspension proceedings, of evidence obtained by unlawful search and seizure, 23 ALR5th 108.

60 C.J.S. Motor Vehicles §§ 272, 274.

Article 1. In General

§ 31-7-101. Short title.

This act shall be known and may be cited as the “Driver’s License Act.”

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.1; Rev. W.S. 1957, § 31-276.1; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 31-7-102(a)(xlix).

Cited in

Wyo. DOT v. State Ex Rel. DOT, 2012 WY 33, 271 P.3d 1003, 2012 Wyo. LEXIS 34 (Mar. 6, 2012).

§ 31-7-102. Definitions.

  1. As used in this act:
    1. “Alcohol” means any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol;
    2. “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.
    3. “Bus” means every motor vehicle designed to transport sixteen (16) or more passengers, including the driver;
    4. “Cancellation” means the annulment or termination by formal action of the division of a person’s license because of some error or defect in the license or because the licensee is no longer entitled to the license;
    5. “Commerce” means:
      1. Trade, traffic and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States; and
      2. Trade, traffic and transportation in the United States which affects any trade, traffic and transportation in subparagraph (A) of this paragraph.
    6. “Commercial driver’s license” means a license issued in accordance with the requirements of this act to an individual which authorizes the individual to drive a class of commercial motor vehicle;
    7. “Commercial driver license information system” is the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. 31106, to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;
    8. “Commercial vehicle” or “commercial motor vehicle” means any vehicle or vehicle combination used in commerce to transport passengers or property if the motor vehicle:
      1. Has a gross vehicle combination weight rating or gross combination weight of twenty-six thousand one (26,001) or more pounds, whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than ten thousand (10,000) pounds, whichever is greater; or
      2. Is designed to transport sixteen (16) or more passengers, including the driver; or
      3. Is of any size and is used in the transportation of hazardous materials as defined in W.S. 31-7-102(a)(xxiii); or
      4. Has a gross vehicle weight rating or gross vehicle weight of twenty-six thousand one (26,001) pounds or more, whichever is greater.
    9. “Commission” means the transportation commission of Wyoming or any authorized employee of the commission charged with the administration of this act;
    10. “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.
    11. “Conviction” means a final conviction and shall include:
      1. An unvacated adjudication of guilt or a determination of a violation in a court of original jurisdiction or an administrative proceeding;
      2. An unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court;
      3. A plea of guilty or nolo contendere accepted by the court;
      4. The payment of a fine or court cost; or
      5. Violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated.
    12. “Department” means the department of transportation;
    13. “Disqualification” means a prohibition against driving a commercial motor vehicle;
    14. “Division” means the division within the department which is designated to administer this act;
    15. “Drive” means to function as a driver in any place open to the general public for purpose of vehicular traffic;
    16. “Driver” means as defined by W.S. 31-5-102(a);
    17. “Employee” means any operator of a commercial motor vehicle, including full time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer;
    18. “Employer” means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;
    19. “Endorsement” means an authorization placed upon an individual’s driver’s license to permit the individual to operate certain types of motor vehicles;
    20. “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;
    21. “Gross combination weight rating (GCWR)” means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon;
    22. “Gross vehicle weight rating (GVWR)” means the weight specified by the manufacturer as the maximum loaded weight of a single vehicle;
    23. “Hazardous materials” means as defined in the federal motor carrier safety regulations, 49 C.F.R. 383.5;
    24. “Impaired person” means a person who is afflicted with or suffering from a mental, emotional, physical impairment or disease that may impair the person’s ability to safely operate a motor vehicle;
    25. “License”, “driver’s license”, “digital driver’s license”, “commercial driver’s license”, “instruction permit”, “commercial learner’s permit” or “intermediate permit” means a license or permit secured by a person from the division, in accordance with this act which grants the privilege to drive or operate a motor vehicle on the public highways, streets and roads of this state;
    26. “License fee” means the fee imposed by this act;
    27. “Motor vehicle” means every vehicle which is self-propelled and designed for normal use on the highways;
    28. “Motorcycle” means as defined by W.S. 31-5-102(a);
    29. “Nonresident” means a person who is not a resident of this state;
    30. “Nonresident operating privilege” is the privilege conferred upon a nonresident by the laws of this state pertaining to the driving by the person of a motor vehicle or the use of a vehicle in this state;
    31. “Other law prohibiting driving while under the influence” means a statute of another state, the United States, 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;
    32. “Out-of-service” means a temporary prohibition against driving a commercial motor vehicle;
    33. “Owner” means as defined by W.S. 31-5-102(a);
    34. “Pedestrian vehicle” means as defined by W.S. 31-5-102(a);
    35. “Registration” means the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles;
    36. “Representative vehicle” means a motor vehicle which represents the type and class of motor vehicle that the driver applicant operates or expects to operate;
    37. “Resident” means as defined in W.S. 31-1-101(a)(xxi)(A);
    38. “Restriction” means a restriction placed on an individual’s license to indicate the driver’s eligibility to operate a motor vehicle;
    39. “Revocation” means the termination by formal action of the division of a person’s license or privilege to drive a motor vehicle on the public highways;
    40. “School bus” means every 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 sixteen (16) or more passengers, but not including buses operated by common carriers in transportation of school children;
    41. “Serious traffic violation” means:
      1. Excessive speeding, as defined by rule and regulation of the United States secretary of transportation involving any single offense for any speed of fifteen (15) miles per hour or more above the posted speed limit;
      2. Reckless driving as defined by W.S. 31-5-229 ;
      3. Repealed by Laws 2004, ch. 11, § 2.
      4. Erratic lane changes;
      5. Following the vehicle ahead too closely;
      6. A violation of state or local law relating to motor vehicle traffic control, arising in connection with a fatal accident;
      7. Driving a commercial vehicle without obtaining a commercial driver’s license;
      8. Driving a commercial motor vehicle without a commercial driver’s license in the driver’s possession. An individual shall not be guilty of a violation of this subparagraph if the individual provides proof prior to or at a court or administrative hearing establishing that the individual held a valid commercial driver’s license on the date of the citation; or
      9. Driving a commercial motor vehicle without the proper class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
    42. “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico;
    43. “State of domicile” means the state where a person has his true, fixed and permanent home and principal residence and to which he has the intention of returning whenever he is absent;
    44. “Suspension” means the temporary withdrawal for a specified period by formal action of the division of a person’s license or privilege to drive a motor vehicle on the public highways;
    45. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen (119) gallons and an aggregate rated capacity of one thousand (1,000) gallons or more which are either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand (1,000) gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle;
    46. “Vehicle” means as defined in W.S. 31-5-102(a)(lviii);
    47. “Multipurpose vehicle” means as defined in W.S. 31-1-101(a)(xv)(M);
    48. “Commercial learner’s permit” means a permit issued to an individual which, when carried with a valid driver’s license issued in accordance with this act, authorizes an individual to operate a commercial motor vehicle when accompanied by a passenger holding a valid commercial driver’s license for the class and type of vehicle being driven;
    49. “Digital driver’s license” means a secure electronic representation of a physical driver’s license that is stored on the driver’s portable electronic device and may be viewed or verified by a person to whom access is allowed. A digital driver’s license is optional to purchase, supplemental to a physical driver’s license and may be accepted in lieu of a physical driver’s license at the option of the person requesting or requiring proof of licensure or identification;
    50. “Last known address” means the address, email address or other electronic contact information, as applicable, according to the sending method, on file with the division;
    51. “Portable electronic device” means an electronic device that is portable in nature, is easily carried or conveyed by hand and may be used to display, transmit, or both;
    52. “REAL ID Act” means the REAL ID Act of 2005, Public Law 109-13, 119 Stat. 302, enacted May 11, 2005, and subsequent amendments thereto;
    53. “This act” means W.S. 31-7-101 through 31-7-313 .

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.2; Rev. W.S. 1957, § 31-276.2; Laws 1977, ch. 28, § 1; 1979, ch. 13, § 1, ch. 89, § 2; 1983, ch. 28, § 1; 1984, ch. 41, § 3; 1985, ch. 234, § 2; 1987, ch. 33, § 2; ch. 189, § 1; 1989, ch. 176, § 2; 1991, ch. 241, § 3; 1993, ch. 145, § 2; 2000, ch. 48, § 2; 2004, ch. 11, §§ 1, 2; 2005, ch. 197, § 1; 2007, ch. 34, § 1; 2008, ch. 116, § 1; 2011, ch. 31, § 1; 2013 ch. 71, § 1, effective January 1, 2014; 2020 ch. 15, § 1, effective July 1, 2020.

Cross references. —

For provisions relating to driver's license suspension for nonpayment of child support, see § 20-6-111 .

The 2004 amendment, effective July 1, 2004, added (a)(xli)(D) through (a)(xli)(J), and repealed former (a)(xli)(C), which listed vehicular homicide.

The 2005 amendment, effective September 16, 2005, in (a)(xxv), inserted “or intermediate permit” and substituted “a license” for “any license.”

The 2008 amendment, substituted “49 U.S.C. 31106” for “49 (APP) U.S.C. § 2706” in (a)(vii).

Laws 2008, ch. 116, § 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 13, 2008.

The 2011 amendment, effective July 1, 2011, in (a)(xxiii), substituted “federal motor carrier safety regulations, 49 C.F.R. 383.5” for “Hazardous Materials Transportation Act, 49 App. U.S.C. § 1803 (49 U.S.C. § 5102)”; in (a)(xl), inserted “district, 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”; and made related changes.

The 2013 amendment, effective January 1, 2014, rewrote (a)(viii); added “commercial learner’s permit” following “instruction permit” in (a)(xxv); rewrote (a)(xlv); added (a)(xlviii); and redesignated former (a)(xlviii) as (a)(xlix).

The 2020 amendment, effective July 1, 2020, in (a)(xxv), added “ ‘digital driver's license’ ” following “ ‘driver's license’ ”; redesignated former (a)(xlix) as (a)(liii) and added (a)(xlix) through (a)(lii).

Editor's notes. —

The Commercial Motor Vehicle Safety Act of 1986, 49 (APP) U.S.C. § 2706, referred to in paragraph (a)(vii), was repealed by P.L. 103-272. For present similar provisions, see 49 U.S.C. § 31106 et seq.

There is no subparagraph (a)(xli)(I) nor subsection (b) in this section as it appears in the printed acts.

Tribal law as “other law.” —

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).

Driver's license as right not privilege. —

Because a driver's license was not a fundamental right, but a privilege, under Wyo. Stat. Ann. § 31-7-102(a)(xxv), due process was not violated by the utilization of a preponderance of the evidence in commercial driver's license revocation proceedings under Wyo. Stat. Ann. §§ 31-7-305 and 31-7-307 . State v. Robbins, 2011 WY 23, 246 P.3d 864, 2011 Wyo. LEXIS 23 (Wyo. 2011).

Conviction. —

After defendant pled guilty to having four driving under the influence (DUI) convictions in a five-year period, the district court did not err in sentencing defendant under Wyo. Stat. Ann. § 31-5-233 because, based on his own testimony and the records on appeal, he had been convicted, as defined in the plain and unambiguous language of Wyo. Stat. Ann. § 31-7-102(a)(xi), of DUI four times in the previous five years. Seteren v. State, 2007 WY 144, 167 P.3d 20, 2007 Wyo. LEXIS 156 (Wyo. 2007).

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).

Applied in

Wylie v. Wyoming DOT, 970 P.2d 395, 1998 Wyo. LEXIS 181 (Wyo. 1998).

Quoted in

City of Laramie v. Cowden, 777 P.2d 1089, 1989 Wyo. LEXIS 172 (Wyo. 1989); Glasrud v. City of Laramie, 934 P.2d 1242, 1997 Wyo. LEXIS 33 (Wyo. 1997); Wyo. DOT v. State Ex Rel. DOT, 2012 WY 33, 271 P.3d 1003, 2012 Wyo. LEXIS 34 (Mar. 6, 2012).

Applicability. —

Laws 2005, ch. 192, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

§ 31-7-103. Administration and enforcement.

  1. The administration of this act shall be exercised by the department, which may prescribe forms and reasonable rules and regulations in conformity with this act and the Uniform Electronic Transactions Act under W.S. 40-21-101 through 40-21-119 . Provisions of this act prevail over the Uniform Electronic Transactions Act if there is a conflict. The department shall keep records of all monies received and disbursed. The records shall be open to examination by the director of the state department of audit or his designee and the legislative service office. The highway patrol and all peace officers of any county or municipality shall aid in the enforcement of this act.
  2. The department shall perform background checks on all persons engaged in the manufacture or production of driver’s licenses or state identification cards including, but not limited to, all persons who have the ability to affect identity information appearing on driver’s licenses or identification cards. The background check shall include a verification of any references and a name and fingerprint based criminal history records check. The background check also shall include a check of the federal bureau of investigation’s databases and the Wyoming department of criminal investigation’s database. The department shall by rule and regulation establish criteria for the qualification of persons permitted to access documents described under this section.
  3. The department shall require fraudulent document recognition training for all employees handling those documents listed in W.S. 31-7-111(a) or engaged in the issuance of driver’s licenses or identification cards.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.3; Rev. W.S. 1957, § 31-276.3; Laws 1985, ch. 234, § 2; 1991, ch. 240, § 1; ch. 241, § 3; 2009, ch. 35, § 1; 2011, ch. 129, § 205; 2020 ch. 15, § 1, effective July 1, 2020.

The 2009 amendment, effective January 1, 2010, added (b) and (c).

The 2011 amendment, effective July 1, 2011, in (a), deleted “audit division of the” preceding “legislative service office.”

The 2020 amendment, effective July 1, 2020, in (a), added “and the Uniform Electronic Transactions Act under W.S. 40-21-101 through 40-21-119 . Provisions of this act prevail over the Uniform Electronic Transactions Act if there is a conflict” following “in conformity with this act” and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

Modification of suspension limited by § 31-7-105(f). —

The discretion of the Department of Transportation to continue or modify any order of driver's license suspension to allow driving privileges is limited by the restriction in § 31-7-105(f), “once to any person in a five (5) year period”. Parodi v. Wyoming DOT, 947 P.2d 1294, 1997 Wyo. LEXIS 136 (Wyo. 1997).

§ 31-7-104. Disposition of fees.

Except as provided in this section and W.S. 31-7-113(g), the license fees levied and collected under this act are payable to the department and shall be transmitted to the state treasurer to be credited to the highway fund. Subject to the allocation in W.S. 31-7-113(g), the fees collected under W.S. 31-7-113(a)(x) shall be transmitted to the state treasurer to be credited to the motorcycle safety education account created by W.S. 31-5-1506 . Funds collected under W.S. 31-7-111(b)(xiv) shall be transmitted to the state treasurer to be credited to the wildlife conservation account created by W.S. 31-2-231(b).

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.4; Rev. W.S. 1957, § 31-276.4; Laws 1974, ch. 16, § 2; 1985, ch. 234, § 2; 1995, ch. 146, § 2; 2020 ch. 32, § 1, effective July 1, 2020; 2021 ch. 152, § 2, effective July 1, 2021.

The 2020 amendment, effective July 1, 2020, added the last sentence.

The 2021 amendment, effective July 1, 2021, added "and W.S. 31-7-113(g)" in the first sentence, in the second sentence, added "Subject to the allocation in W.S. 31-7-113(g)," and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

§ 31-7-105. Administrative hearings.

  1. Repealed by Laws 1992, ch. 30, § 3.
  2. A hearing examiner designated by the office of administrative hearings created by W.S. 9-2-2201 shall sit as the administrative hearing agency for the department to hear all:
    1. Contested cases involving per se suspensions involving a question of law, medical cancellations and denials, accident suspensions, commercial drivers license disqualifications and any other action as defined by department rule and regulation;
    2. Appeals from the record review of the department.
  3. Any order of a hearing examiner may be appealed to the district court. The person whose license or driving privilege is affected may file a petition for a review of the record in the district court in the county where the person resides or in the case of a nonresident in Laramie county or the county where the offense is alleged to have occurred. The person shall have thirty (30) days from the date of the written order in which to file the petition for review. The district court shall immediately set the matter for determination upon thirty (30) days written notice to the department.
  4. Except for driving privileges that have been suspended for nonpayment of child support, before suspending, revoking, canceling or denying the license or driving privilege of any person under this act or disqualifying a person from driving a commercial motor vehicle pursuant to W.S. 31-7-305 and 31-7-307 , the department shall immediately advise the licensee in writing:
    1. Of his right to request a hearing;
    2. If the request for hearing is only to receive limited driving privileges, that the request shall be for a record review conducted by the department. The request for a record review under this paragraph shall be accompanied by a fee of fifteen dollars ($15.00);
    3. If the request for hearing is for any purpose other than specified under paragraph (d)(ii) of this section, that the request shall be for a hearing before a hearing examiner within the office of administrative hearings. The request for a hearing before the office of administrative hearings under this paragraph shall be accompanied by a fee of twenty-five dollars ($25.00).
  5. The licensee has twenty (20) days from the date the department denies the license or gives the notice of intent to suspend, revoke or cancel the license or disqualify the licensee from driving a commercial motor vehicle within which to request a hearing or the opportunity for a hearing is waived. If the request for a hearing is timely and the request is for a contested case, the department shall forward the request and certified record to the hearing examiner who shall schedule a hearing within forty-five (45) days after receipt of the certified record at a time and place specified by the hearing examiner. The hearing examiner shall provide the licensee notice of the hearing at least ten (10) days in advance of the hearing. 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. The hearing examiner may administer oaths, subpoena and compel the attendance of witnesses or the production of relevant books, papers and other evidence reasonably necessary to resolve the matters under consideration in accordance with W.S. 16-3-101 through 16-3-115 and may require reexamination of the licensee. The hearing examiner shall issue subpoenas upon his own motion or upon the request of any party to the proceedings in compliance with the Wyoming Rules of Civil Procedure. Upon hearing, the hearing examiner shall either rescind or uphold the action or upon a showing of good cause, may continue or modify a suspension of the license.
  6. Upon receipt of a timely request, the department shall conduct a review of its records and issue an order granting or denying limited driving privileges. The discretion to continue or modify any order of suspension or denial to allow driving privileges is limited as follows:
    1. It shall be extended only in cases where failure to do so would cause an undue hardship;
    2. Except as provided in paragraph (iv) of this subsection, it shall be extended only once to any person in a five (5) year period;
    3. It may be extended to a person convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence, or a person whose driver’s license has been suspended or denied for a violation of W.S. 31-5-234 , only if:
      1. Within the five (5) year period preceding the date of the most recent offense, the person has not been convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence; and
      2. The person agrees to pursue and completes an alcohol education or treatment program as the department prescribes.
    4. A person whose driving privileges have been suspended for nonpayment of child support may be granted limited driving privileges for a period not to exceed one hundred twenty (120) days upon request of the individual to the department after receipt of the notice of suspension of driving privileges pursuant to W.S. 20-6-111 . A person granted limited driving privileges under this paragraph shall not be granted an extension of such privileges for twelve (12) months after the limited driving privileges expire unless the person has subsequently made full payment on his child support obligation in arrears, or is in full compliance with a payment plan approved by the department of family services;
    5. It shall not be granted in cases of:
      1. Revocation;
      2. A conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence if there has been another conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence within the five (5) year period preceding the date of the offense upon which the conviction at issue is based;
      3. A cancellation;
      4. A suspension under the Motor Vehicle Safety-Responsibility Act or W.S. 31-6-102 ;
      5. A denial under W.S. 31-7-108(b);
      6. A disqualification from driving a commercial motor vehicle under W.S. 31-7-305 and 31-7-307 ;
      7. A licensee under nineteen (19) years of age who has had his license suspended under W.S. 31-7-128(f) unless at least one-third (1/3) of the total license suspension period has elapsed and the licensee has complied with or is complying with all requirements or conditions imposed by the court resulting from the conviction;
      8. Repealed by Laws 2011, ch. 178, § 2.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 275.26; Rev. W.S. 1957, § 276.26; Laws 1973, ch. 248, § 1; W.S. 1957, § 39-43.11; Laws 1977, ch. 45, § 3; ch. 111, § 1; Rev. W.S. 1957, § 276.4:1; W.S. 1977, §§ 31-7-105 , 31-7-127 ; Laws 1981, ch. 117, § 1; 1985, ch. 234, § 2; 1987, ch. 131, § 1; ch. 175, § 1; 1989, ch. 176, § 2; 1990, ch. 92, § 1; 1991, ch. 241, § 3; 1992, ch. 30, §§ 2, 3; ch. 69, § 1; 1993, ch. 136, § 1; ch. 145, § 2; 1997, ch. 128, § 2; 1998, ch. 102, § 2; 2004, ch. 130, § 1; 2009, ch. 155, § 1; 2011, ch. 178, §§ 1, 2.

Cross references. —

For Wyoming Rules of Civil Procedure, see the Wyoming Court Rules Annotated.

The 2004 amendment, in (f)(iv), substituted “W.S. 20-6-111(n)(iii)” for “W.S. 20-6-111(g)(iii).”

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 July 1, 2009, added “Except for driving privileges that have been suspended for nonpayment of child support” at the beginning of (d); and substituted “request of the individual to the department after receipt of the notice of suspension of driving privileges pursuant to W.S. 20-6-111 ” for “receipt of the notice required under W.S. 20-6-111 (n)(iii)” in the first sentence of (f)(iv).

The 2011 amendment, effective July 1, 2011, in (b)(i), deleted “implied consent refusals” following “Contested cases involving”; and repealed former (f)(v)(H), pertaining to suspension or denial of driver's license for violation of W.S. 31-5-234 .

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.”

Motor Vehicle-Safety Responsibility Act. —

See §§ 31-9-101 and 31-9-102(a)(xiv).

Meaning of “this act.” —

For the definition of “this act,” as used in the introductory language of subsection (d), see § 31-7-102 (a)(xlix).

Department not required to provide hearing before it sends notice and receives request. —

The division (now department) was not required to provide a hearing within 45 days of the receipt of the defendant's request, because the 45-day period could not begin to run before the division had sent notice and had received the defendant's request for a hearing pursuant to that notice. The triggering event under this section is the giving of notice by the division (now department) of intent to suspend or revoke the license. State ex rel. Department of Revenue & Taxation, Motor Vehicle Div. v. Vase, 721 P.2d 37, 1986 Wyo. LEXIS 568 (Wyo. 1986) (decided prior to second 1992 amendment).

Restriction on limited driving privileges constitutional. —

The classification in subsection (f)(iii)(A), which mandates that no second time driving-while-under-the-influence offender can be eligible to receive a discretionary grant of limited driving privileges, is constitutional under the due process guarantees of both the U.S. Const., amends. V and XIV, and the Wyo Const., art. 1, § 6. Moreno v. State, Dep't of Revenue & Taxation, 775 P.2d 497, 1989 Wyo. LEXIS 144 (Wyo. 1989).

Limits on modifications of suspension orders. —

The limitations imposed on the department of transportation by subsection (f) circumscribe with equal force and effect the authority of a hearing examiner in contested case hearings, and a hearing examiner may not modify a suspension more than once within a five-year period. Parodi v. Wyoming DOT, 947 P.2d 1294, 1997 Wyo. LEXIS 136 (Wyo. 1997).

No modification to five year restriction. —

Subsection (e) does not allow a hearing examiner to ignore that five year restriction in subsection (f), even upon a showing of “good cause”, because hearing examiners cannot order the Wyoming Department of Transportation to violate the law set out in subsection (f). Parodi v. Wyoming DOT, 947 P.2d 1294, 1997 Wyo. LEXIS 136 (Wyo. 1997).

Applied in

State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983); Department of Revenue & Taxation v. Hamilton, 743 P.2d 877, 1987 Wyo. LEXIS 517 (Wyo. 1987).

Quoted in

State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983).

Law reviews. —

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

§ 31-7-106. License required; limited to one license.

  1. No person, unless exempt under this act shall drive, steer or exercise any degree of physical control of any motor vehicle or a vehicle being towed by a motor vehicle upon a highway in this state unless the person has been issued a driver’s license for the class and type and applicable endorsements valid for the motor vehicle being driven.
  2. Repealed by Laws 1989, ch. 176, § 3.
  3. No person shall have more than one (1) valid driver’s license or any other state-issued, REAL ID Act-compliant identification card at any time. A person shall surrender to the division all valid physical driver’s licenses or state-issued, REAL ID Act or other applicable federal law compliant identification cards in his possession or any person who has been previously licensed or issued an identification card in this or any other state but who does not have in their possession the license or identification card previously issued in this or any other state shall complete an affidavit of “No License/ID Card in Possession”, before receiving a driver’s license under this act.
  4. The division shall:
    1. Notify the issuing jurisdiction that the licensee is now licensed in Wyoming and, if requested by the issuing jurisdiction, return any surrendered license to the issuing jurisdiction together with information if the licensee is now licensed in Wyoming; or
    2. Send a copy of the affidavit of “No License in Possession” to the issuing jurisdiction together with information the licensee is now licensed in Wyoming.
  5. The division shall issue a driver’s license to each qualified applicant not later than sixty (60) days from the date of the completed application.
  6. Any person licensed as a driver under this act may exercise the privilege upon all streets and highways in this state and shall not be required to obtain any other license from any county, municipal or local board, or any other body having authority to adopt local regulations.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.5; Rev. W.S. 1957, § 31-276.5; Laws 1977, ch. 28, § 1; 1985, ch. 234, § 2; 1987, ch. 22, § 2; 1989, ch. 176, §§ 2, 3; 1993, ch. 145, § 2; 2009, ch. 35, § 1; 2020 ch. 15, § 1, effective July 1, 2020.

The 2009 amendment, effective January 1, 2010, inserted “Notify the issuing jurisdiction that the licensee is now licensed in Wyoming and, if requested by the issuing jurisdiction,” in (d)(i).

The 2020 amendment, effective July 1, 2020, rewrote (c) which read: “No person shall have more than one (1) valid driver’s license at any time. A person shall surrender to the division all valid driver’s licenses in his possession or any person who has been previously licensed in this or any other state who does not have in their possession the license previously issued in this or any other state shall complete an affidavit of ‘No License in Possession’, before receiving a driver’s license under this act.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

Legislature constitutionally exercises police power in requiring valid driver's license. —

In requiring one to have a valid driver's license while operating a motor vehicle upon the highways of the state, the legislature constitutionally exercised its police power to regulate the use of the highways in the interest of public safety and welfare. Hanson v. State, 673 P.2d 657, 1983 Wyo. LEXIS 401 (Wyo. 1983).

Cited in

Nollsch v. State, 768 P.2d 603, 1989 Wyo. LEXIS 50 (Wyo. 1989); Basolo v. Basolo, 907 P.2d 348, 1995 Wyo. LEXIS 213 (Wyo. 1995); Lawrence v. State Farm Fire & Cas. Co., 2006 WY 56, 133 P.3d 976, 2006 Wyo. LEXIS 58 (Wyo. May 10, 2006).

§ 31-7-107. Persons exempted.

  1. The following persons are exempt from the licensing requirement under this act:
    1. Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business unless the employee is required by the United States government or any agency thereof to have a state driver’s license;
    2. A nonresident who has in his immediate possession a valid license issued to him by the licensing authority in his place of residence;
    3. A nonresident on active duty in the armed forces of the United States who has a valid license issued by his state of residence and the nonresident’s spouse or dependent son or daughter who has a valid license issued by the person’s state of residence;
    4. Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States but only for a period of forty-five (45) days from the date of his return to the United States;
    5. A nonresident full-time student at the University of Wyoming, a Wyoming community college, a school licensed in this state offering post-secondary education or at a parochial, church or religious school as defined by W.S. 21-4-101(a)(iv) offering post secondary education, who has in his immediate possession a valid license issued to him by the licensing authority of his place of residence;
    6. Repealed by Laws 1993, ch. 145, §§ 2, 5.
    7. A resident possessing a valid driver’s license issued by a member state of the Driver’s License Compact, W.S. 31-7-201 and 31-7-202 , provided:
      1. A resident possessing a commercial driver’s license shall only be exempt from the licensing requirement under this act for thirty (30) days; and
      2. A resident possessing any other driver’s license shall only be exempt from the licensing requirement under this act for one (1) year.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.6; Rev. W.S. 1957, § 31-276.6; Laws 1976, ch. 16, § 1; 1985, ch. 234, § 2; 1987, ch. 22, § 2; 1989, ch. 192, § 1; 1993, ch. 145, §§ 2, 5; 1999, ch. 35, § 1; ch. 82, § 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 this section, see § 31-7-102(a)(xlix).

§ 31-7-108. Persons not to be licensed; investigation by the division.

  1. No driver’s license shall be issued to any person who is under the age of seventeen (17) years, except as provided in W.S. 31-7-110 and 31-7-117(c), or unless the person is at least sixteen (16) years of age and has held an intermediate permit pursuant to W.S. 31-7-110 (g) or a similar permit from another jurisdiction for six (6) months and has completed a drivers education course approved by the appropriate school district, or taught by a person qualified as a driving instructor pursuant to W.S. 21-2-802(h), as evidenced by a passing grade or certificate.
  2. The division shall not issue or renew any driver’s license to any person:
    1. Whose license or nonresident operating privilege is currently under suspension or revocation in this or any other state except as otherwise provided in this act;
    2. Who is an habitual user of alcohol or any controlled substance to a degree rendering him incapable of safely driving a motor vehicle;
    3. Who has previously been adjudged by a court of law to be mentally incompetent and who has not at the time of application been restored to competency by the methods provided by law;
    4. Who has failed to successfully pass an examination required by this act;
    5. When the division has good cause from the examination administered to the person under W.S. 31-7-114 or 31-7-122 to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways;
    6. Who is in violation of the immigration laws of the United States;
    7. Repealed by Laws 2005, ch. 197, § 2.
    8. When the division has received a written statement from a licensed treating physician or optometrist stating the person is not capable of safely operating a motor vehicle. The licensed treating physician or optometrist may request an examination by the division under W.S. 31-7-122 .
  3. The division shall not issue a new license to a person who has had his Wyoming license revoked or restore a person’s revoked nonresident operating privilege until the division determines after investigation of the character, habits and driving ability of the person that the person has met the requirements adopted by the division by rule and demonstrated his ability to drive a motor vehicle safely and it is appropriate to restore the person’s privilege to drive a motor vehicle.
  4. Subject to W.S. 31-7-313 , a commercial driver’s license or commercial learner’s permit shall not be issued to a person while the person is subject to a cancellation, revocation, suspension or disqualification from driving a commercial motor vehicle.
  5. The division shall not issue, renew, upgrade or transfer a hazardous materials endorsement for a commercial driver’s license to any person unless the Transportation Security Administration of the United States Department of Homeland Security has completed a security threat assessment of the person seeking the endorsement and determined that the person does not pose a security risk warranting denial of the endorsement.

History. Laws 1973, ch. 238, § 1; W.S. 1957, §§ 31-275.7, 31-275.28; Rev. W.S. 1957, §§ 31-276.7, 31-276.28; W.S. 1977, § 31-7-129 ; Laws 1985, ch. 234, § 2; 1990, ch. 92, § 1; 1993, ch. 145, § 2; 2000, ch. 48, § 2; 2005, ch. 79, § 1; 2005, ch. 197, §§ 1, 2; 2007, ch. 17, § 2; 2013 ch. 71, § 1, effective January 1, 2014.

Amendment effective September 16, 2005. —

Laws 2005, ch. 197, § 1, amends this section effective September 16, 2005, by rewriting (a) to increase the age for obtaining a license except as specified; and by repealing former (b)(vii), which denies a license to a person under 19 convicted of a substance abuse offense.

The 2005 amendment by ch. 79, § 1, added (b)(viii).

Laws 2005, ch. 79, § 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 22, 2005.

The 2007 amendment, effective July 1, 2007, added (e).

The 2013 amendment, effective January 1, 2014, substituted “learner’s” for “driver instruction” following “license or commercial” in (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsections (b)(i) and (b)(iv), see § 31-7-102(a)(xlix).

Applied in

State v. Kraus, 706 P.2d 1130, 1985 Wyo. LEXIS 573 (Wyo. 1985).

Quoted in

Johnson v. State Hearing Exmrs. Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992); Wyoming DOT v. Haglund, 982 P.2d 699, 1999 Wyo. LEXIS 96 (Wyo. 1999).

Cited in

Lawrence v. State Farm Fire & Cas. Co., 2006 WY 56, 133 P.3d 976, 2006 Wyo. LEXIS 58 (Wyo. May 10, 2006).

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

Validity, construction and application of age requirements for licensing of motor vehicle operators, 86 ALR3d 475.

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

§ 31-7-109. Classes of licenses.

  1. Every driver’s license issued by the division shall be classified by the class, type or endorsement of the vehicles the licensee may drive.
  2. License classification, type or endorsement shall take into account the operational characteristics of the vehicles operated.
  3. Qualifications of applicants may be determined by any test authorized by W.S. 31-7-114 .
  4. Licensing classification plan:
    1. and (ii) Repealed by Laws 2015, ch. 100 §  2.
    2. Class “C” consists of any single vehicle or combination of vehicles, except motorcycles, that does not require a commercial driver’s license. Any person under the age of eighteen (18) is prohibited from operating a vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more;
    3. Class “I” indicates an instruction permit issued pursuant to W.S. 31-7-110(a) and (b);
    4. Repealed by Laws 1989, ch. 176, §§ 2, 3.
    5. Class “M” consists of motorcycles which may be added to a license valid for any other class or may be issued as the only class on a license if the applicant is not licensed for any other classification;
    6. Class “I2” indicates an intermediate permit issued pursuant to W.S. 31-7-110(g).
  5. Repealed by Laws 1989, ch. 176, §§ 2, 3.
  6. Any person licensed to drive any class of vehicle pursuant to this section may also drive a moped, multipurpose vehicle or an off-road recreational vehicle as defined in W.S. 31-1-101(a)(xv)(K), upon public streets or highways pursuant to W.S. 31-5-124 .
  7. Repealed by Laws 1989, ch. 176, §§ 2, 3.
  8. The following driver’s license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver license:
    1. Repealed by Laws 1993, ch. 145, §§ 2, 5.
    2. Repealed by Laws 2015, ch. 100 §  2.
    3. Repealed by Laws 1993, ch. 145, §§ 2, 5.
    4. Repealed by Laws 2015, ch. 100 §  2.
    5. Repealed by Laws 1993, ch. 145, §§ 2, 5.
    6. Repealed by Laws 2015, ch. 100 §  2.
    7. “IIR” authorizes the operation of a vehicle equipped with an ignition interlock device as provided in article 4 of this chapter;
    8. “Z” authorizes the holder of a class C license under subsection (d) of this section to operate a vehicle or combination of vehicles which have a gross vehicle weight rating of thirty-nine thousand one (39,001) pounds or more. An endorsement under this paragraph shall not be required for any driver exempted from licensing requirements of this article under W.S. 31-7-303 and shall be issued only if the driver held a class A or class B license under this article prior to July 1, 2015 or the driver, as required by rule and regulation of the department, has completed a written test and:
      1. Has taken a skills test; or
      2. Has submitted an affidavit of competency signed by a person currently licensed to operate a vehicle of this weight.
  9. Repealed by Laws 1993, ch. 145, §§ 2, 5.
  10. Any person licensed to drive any class of vehicle pursuant to this section may also drive an autocycle as defined in W.S. 31-1-101(a)(xv)(Q).
  11. The restricted driver’s license “24/7” authorizes the driver to operate a vehicle as provided in W.S. 31-5-233(n). This restricted license shall not permit a driver to operate a motor vehicle that requires a commercial driver’s license.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.8; Rev. W.S. 1957, § 31-276.8; Laws 1979, ch. 13, § 1; 1982, ch. 49, § 1; 1983, ch. 21, § 1; 1985, ch. 234, § 2; 1986, ch. 88, § 2; 1989, ch. 176, §§ 2, 3; 1993, ch. 145, §§ 2, 5; 2005, ch. 197, § 1; 2006, ch. 82, § 2; 2007, ch. 34, § 1; 2015 ch. 100, §§ 1, 2, effective July 1, 2015; 2017 ch. 165, § 1, effective March 6, 2017; 2017 ch. 97, § 1, effective July 1, 2017; 2019 ch. 49, § 2, effective July 1, 2019.

Amendment effective September 16, 2005. —

Laws 2005, ch. 197, § 1, amends this section effective September 16, 2005, by inserting (d)(vii).

The 2006 amendment, effective July 1, 2006, added (h)(vii) and made a related change.

Amendment effective January 1, 2008. —

Laws 2007, ch. 34, § 1, amends this section by inserting “multipurpose vehicle” in (f).

The 2015 amendment, effective July 1, 2015, repealed former (d)(i), and (d)(ii), pertaining to licensing classifications “A” and “B”; rewrote (d)(iii), which formerly read: “Class ‘C’ consists of any single vehicle or combination of vehicles, except motorcycles, that does not meet the definition of class ‘A’ or class ‘B’ vehicles under this subsection, but that is not designed to transport sixteen (16) or more passengers including the driver or is not placarded for transportation of hazardous materials”; repealed former (h)(ii), (h)(iv), and (h)(vi), pertaining to driver’s license endorsements “N,” “T,” and “K”; and added (h)(viii).

The 2017 amendments. — The first 2017 amendment, by ch. 97, § 1, effective July 1, 2017, in the introductory language of (h)(viii), added “not be required for any driver exempted from licensing requirements of this article under W.S. 31-7-303 and shall” to the second sentence.

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

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.

The 2019 amendment, effective July 1, 2019, added (m).

Editor's notes. —

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

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

Standard of care not variable with class of license. —

Nowhere is there a statutory provision requiring that any one class of drivers must exercise a higher standard of care than others — all drivers are to exercise due care under the circumstances in the operation of their vehicles. Cervelli v. Graves, 661 P.2d 1032, 1983 Wyo. LEXIS 300 (Wyo. 1983).

§ 31-7-110. Instruction and temporary driver's permits.

  1. Any person who is at least fifteen (15) years of age may apply to the division for an instruction permit. The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a specified type or class of motor vehicle for a period of one (1) year when accompanied by a person at least eighteen (18) years of age who holds a valid driver’s license for the type or class of vehicle being used, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.
  2. Any person at least fifteen (15) years of age may apply to the division for a motorcycle instruction permit. The division, after the applicant has successfully passed a written examination and has demonstrated adequate visual acuity according to department rules, may issue to the applicant an instruction permit that entitles the applicant to drive a motorcycle for a period of ninety (90) days without a passenger. If the applicant also passes a driving test, the division may issue an instruction permit that entitles the applicant to drive a motorcycle for a period of one (1) year, without a passenger. The motorcycle instruction permit for a person who is under seventeen (17) years of age shall be subject to restricted hours of operation as provided in W.S. 31-7-110(h)(ii)(B) through (E).
  3. The division may issue a temporary driver’s permit to an applicant for a driver’s license permitting him to drive a specified type or class of motor vehicle while the division is completing its investigation and determination of the facts relative to the applicant’s eligibility to receive a driver’s license. The permit or receipt for application thereof must be in his immediate possession while driving a motor vehicle of the type for which the license is to be issued. The permit or receipt is invalid upon expiration or when the applicant’s license has been issued. If for good cause the issuance of a license has been refused, any temporary permit becomes invalid and the division shall give notice to the permit holder who shall immediately return the temporary permit to the division.
  4. Repealed by Laws 1993, ch. 145, §§ 2, 5.
  5. Any person who holds a valid Wyoming classified driver’s license and who is at least eighteen (18) years of age may apply to the division for a commercial learner’s permit. The division may, after the person has successfully passed all required examinations, other than the driving skills examination and paid the required fee, issue to the person a commercial learner’s permit, which entitles the person to drive a commercial motor vehicle on a highway only when accompanied by a person who has a commercial driver’s license valid for the type of vehicle driven and who occupies a seat beside the person for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner’s permit may not be issued for a period to exceed three hundred sixty-five (365) days. Every person holding a commercial driver’s license shall obtain a commercial learner’s permit prior to upgrading their commercial driver’s license to a higher class type, adding an endorsement or removing a restriction which requires a skills test.
  6. Any person who is at least fourteen (14) years of age and who has applied and been approved for a restricted license under W.S. 31-7-117(c), shall apply to the division for an instruction permit. The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a class “C” motor vehicle for a period of sixty (60) days when accompanied by a person at least eighteen (18) years of age who holds a valid class “C” driver’s license, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.
  7. Any person, who is at least sixteen (16) years of age and has held an instruction permit pursuant to subsection (a) or (f) of this section, or in the case of an applicant for an intermediate motorcycle permit an instruction permit pursuant to subsection (b) of this section, or a similar permit from another jurisdiction and has completed practice driving of at least fifty (50) actual driving hours, including at least ten (10) hours of night driving, may apply to the division for an intermediate permit that entitles the applicant to drive a specified type or class of motor vehicle. No permit may be issued unless a parent or guardian certifies the applicant has completed the practice driving requirements.
  8. A person operating a motor vehicle, other than a motorcycle, with an intermediate permit:
    1. May not transport more than one (1) passenger under the age of eighteen (18) who is not a member of the permittee’s immediate family unless accompanied by a person at least eighteen (18) years of age who holds a valid driver’s license for the type or class of vehicle being used and provided that all occupants of the vehicle are in seats equipped with and are using proper safety belts;
    2. Shall only be upon a public highway between the hours of 5:00 a.m. and 11:00 p.m. unless:
      1. Accompanied by a person at least eighteen (18) years of age who holds a valid driver’s license for the type or class of vehicle being used;
      2. Required by medical necessity as evidenced by a signed statement from medical personnel;
      3. Driving to or from work as evidenced by a signed statement from the permittee’s employer;
      4. Driving to or from school, a school activity, an organized youth sports activity or a religious activity as evidenced by a signed statement of a parent or guardian; or
      5. Required due to a medical emergency.
  9. A person with an intermediate motorcycle permit shall not operate the motorcycle with any passenger and shall be subject to the restrictions provided in subparagraph (h)(ii)(B) through (E) of this section.
  10. The division shall suspend for a period of thirty (30) days the intermediate operating permit of any person violating any provision of subsection (h) or (j) of this section. Records of convictions or license suspensions under this subsection 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 . Any records maintained by the department for administration of this subsection shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the provisions of this section. Any driver’s license suspension or related records under this subsection shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this subsection.
  11. Subsections (a) and (f), paragraph (h)(i) and subparagraph (h)(ii)(A) of this section do not apply to motorcycle instruction permits.
  12. No motor vehicle shall be halted solely for a violation of subsection (h) or (j) of this section.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.9; Rev. W.S. 1957, § 31-276.9; Laws 1985, ch. 234, § 2; 1993, ch. 145, §§ 2, 5; 1997, ch. 57, § 1; 2005, ch. 197, § 1, ch. 230, § 10; 2013 ch. 71, § 1, effective January 1, 2014; 2020 ch. 6, § 1, effective July 1, 2020; 2021 ch. 38, § 1, effective July 1, 2021.

Amendment effective September 16, 2005. —

Laws 2005, ch. 197, § 1, amends this section effective September 16, 2005, by, in (a), substituting “holds a valid driver's license for the type or class of vehicle being used” for “has been licensed as a driver for the type or class of vehicle being used for at least one (1) year” and deleting the former last sentence providing that the subsection does not pertain to motorcycle instruction permits; in (b), adding the final sentence; in (f), substituting “holds a valid class ‘(C)’ driver's license” for “has been licensed as a driver for a class ‘(C)’ vehicle for at least one year”; and by adding (g) through (n).

The 2005 amendment , by ch. 230, § 10, substituted “this subsection” for “subsection (k) of this section” twice in (k). See the conflicting legislation note. Laws 2005, ch. 230, § 10, provides that, notwithstanding the conflicting legislation provision, the amendment by ch. 230 would apply.

Laws 2005, ch. 230, § 13, makes the act effective immediately upon completion of all acts necessary to become a law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2005.

The 2013 amendment, effective January 1, 2014, in (e) added “and who is at least eighteen (18) years of age” following “classified driver’s license,” substituted “learner’s” for “driver instruction throughout, substituted “one hundred eighty (180) days” for “one (1) year,” substituted “for an additional period of one hundred eighty (180) days” for “within a two (2) year period,” and added the last sentence.

The 2020 amendment, effective July 1, 2020, in (e), substituted “examinations” for “examination” in the second sentence, and substituted “three hundred sixty-five (365) days” for “one hundred eighty (180) days and only one (1) renewal may be granted for an additional period of one hundred eighty (180) days” in the third sentence.

The 2021 amendment , effective July 1, 2021, in (b), substituted "that" for "which" following "instruction permit" in the second and third sentences and substituted "has demonstrated adequate visual acuity according to department rules," for "a vision test" in the second sentence.

Editor's notes. —

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

Conflicting legislation. —

Laws 2005, ch. 230, § 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.”

Cited in

Lawrence v. State Farm Fire & Cas. Co., 2006 WY 56, 133 P.3d 976, 2006 Wyo. LEXIS 58 (Wyo. May 10, 2006).

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

§ 31-7-111. Application for license or permit generally.

  1. Every application for an instruction permit, driver’s license, commercial driver’s license or commercial learner’s permit shall be made upon a form furnished by the division. Every application shall be accompanied by the proper fee, proof of residence and proof of identity. Proof of identity shall be established by a certified copy of the applicant’s birth certificate, valid unexpired United States passport, consular report of birth abroad, certificate of citizenship, certificate of naturalization, permanent resident card, employment authorization document, foreign passport (with United States visa affixed and accompanied by an approved document documenting the applicant’s most recent admittance to the United States), state issued driver’s license or identification card which complies with federal law and applicable regulations, or other document required by the division to establish identity where reasons beyond the applicant’s control prevent the applicant from presenting the documents required by this subsection.
  2. The application shall include:
    1. The full legal name and current mailing and residential address of the person;
    2. A physical description of the person including sex, height and weight;
    3. Date of birth;
    4. The person’s social security number or other numbers or letters deemed appropriate on applications for instruction permits, driver’s licenses, commercial driver’s licenses and commercial learner’s permits;
    5. The person’s signature;
    6. Whether the applicant has previously been licensed as a driver specifying the state or country;
    7. Information including dates, if any license or application has been refused, suspended, revoked or canceled;
    8. An organ donor notation pursuant to W.S. 35-5-205 ;
    9. A consent to release driving record information for persons applying for a commercial driver’s license only;
    10. Any other information or documentation required by the department to validate information or identity;
    11. A signed declaration indicating that the information provided is true and correct under the penalty of perjury;
    12. Certification by the Wyoming veterans’ commission that the applicant is an honorably discharged veteran of the armed forces of the United States, if the applicant wishes to have a veteran designation pursuant to W.S. 31-7-141 ;
    13. Whether the applicant is requesting a medical alert designation as provided for in W.S. 31-7-142 ;
    14. The option for the applicant to donate an additional amount to provide for wildlife conservation efforts related to the transportation system.
  3. Repealed by Laws 1993, ch. 145, §§ 2, 5.
  4. Whenever application is received from a person previously licensed in another jurisdiction, the division shall request a copy of the driver’s record from the other jurisdiction. When received, a driving record shall become a part of the driver’s record in this state.
  5. Whenever the division receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge.
  6. No person shall be issued a driver’s license within ten (10) days of issuance of an instruction or temporary driver’s permit for the same vehicle class. A commercial driver’s license issued after a commercial learner’s permit shall be subject to the time restrictions stated in W.S. 31-7-304(g).
  7. The department may modify the requirements of subsection (b) of this section by properly adopted rule or regulation for driver’s license or identification card applications received from federal, state or local criminal justice agencies, or other similarly situated persons, where applicable law or regulation requires that limited information be provided.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.10; Rev. W.S. 1957, § 31-276.10; Laws 1985, ch. 234, § 2; 1990, ch. 18, § 2; 1993, ch. 145, §§ 2, 5; 2000, ch. 83, § 1; 2009, ch 97 § 2; ch 35, § 1; 2013 ch. 71, § 1, effective January 1, 2014; 2013 ch. 199, § 2, effective July 1, 2013; 2019 ch. 139, § 2, effective January 1, 2020; 2020 ch. 32, § 1, effective July 1, 2020.

The 2009 amendments.—

The first 2009 amendment, by ch. 97, § 2, effective July 1, 2009, substituted “35-5-205” for “35-5-112” in (b)(viii).

The second 2009 amendment, by ch. 35, § 1, effective January 1, 2010, rewrote subsections (a) and (b)(x) to include requirements for documentation on proof of residence and proof of identity; and added (g).

The 2013 amendments. —

The first 2013 amendment, by ch. 71, § 1, effective January 1, 2014, in (a) substituted “learner’s” for “driver instruction” in the first sentence;” in (b)(iv) substituted “learner’s” for “driver instruction” following “licenses and commercial;” and in (f) added the last sentence.

The second 2013 amendment, by ch. 199, § 2, effective July 1, 2013, added (b)(xii).

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

The 2019 amendment, effective January 1, 2020, added (b)(xiii).

The 2020 amendment, effective July 1, 2020, added (b)(xiv).

§ 31-7-112. Application for license or permit of persons under 18.

The application of any person under the age of eighteen (18) years for an instruction permit or driver’s license shall be signed by a parent or guardian having custody of the applicant. If there is no parent or guardian the application may be signed by the circuit court judge of the applicant’s county of residence upon petition to the court and upon a finding by the court that the applicant is sufficiently mature to handle the responsibilities of driving a motor vehicle.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.11; Rev. W.S. 1957, § 31-276.11; Laws 1985, ch. 234, § 2; 1989, ch. 206, § 1; 2000, ch. 24, § 4; 2004, ch. 42, § 1.

The 2004 amendment deleted “justice of the peace or the” following “may be signed by the.”

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.

Cited in

Cloud v. State, 2014 WY 113, 2014 Wyo. LEXIS 130 (Sept. 10, 2014).

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

Construction and effect of statutes which make parent, custodian or other person signing minor's application for vehicle operator's license liable for licensee's negligence or willful misconduct, 45 ALR4th 87.

§ 31-7-113. Fees.

  1. The following fees are imposed, in addition to the fee in subsection (g) of this section:
    1. Driver’s license  . . . . . $40.00
    2. Instruction permit  . . . . . $40.00
    3. Restricted license under W.S. 31-7-117(c) . . . . . $20.00
    4. Duplicate or renewal  . . . . . $30.00
    5. Extension or renewal  . . . . . $30.00
    6. Commercial driver’s license  . . . . . $50.00
    7. Commercial learner’s permit  . . . . . $40.00
    8. Commercial license renewal or duplicate  . . . . . $40.00
    9. Commercial driver’s license skills test conducted by the department  . . . . . $80.00
    10. Initial or renewal of class “M” designation . . . . . $6.00
    11. Intermediate permit  . . . . . $30.00
    12. Digital driver’s license  . . . . . $20.00

      in addition to the applicable physical driver’s license fee under this subsection.

  2. Except as provided in paragraph (a)(x) of this section, if the driver’s license is issued for more than one (1) class, type or endorsement at the time of issuance there shall be no additional fee.
  3. Repealed by Laws 1993, ch. 145, §§ 2, 5.
  4. If a driver’s license with limited driving privileges is granted pursuant to W.S. 31-7-105(f), the fee shall be fifty dollars ($50.00).
  5. Notwithstanding W.S. 31-7-131(c), if a driver’s license is reinstated after a period of suspension or revocation, the fee for the reinstatement shall be fifty dollars ($50.00) unless the final decision by the hearing examiner, or a court reverses the action taken by the department. If a driver’s license is reinstated after suspension for nonpayment of child support pursuant to W.S. 20-6-111 or 20-6-112 , the fee for reinstatement shall be not more than five dollars ($5.00).
  6. Notwithstanding W.S. 31-7-115(b), any licensee on active duty in the armed forces of the United States who is stationed outside the state of Wyoming, or his spouse or dependent child who has a valid driver’s license issued under this chapter, may obtain a license with an updated photograph and the same expiration date of the current license without payment of any fee, unless renewing under W.S. 31-7-119 , if:
    1. While outside the state, the person surrenders the current license; or
    2. While in the state, the person surrenders the current license and has his photograph taken by the division.
  7. Notwithstanding subsection (b) of this section, in addition to each fee collected pursuant to subsections (a) and (d) of this section, an additional transportation information system fee of five dollars ($5.00) shall be imposed and shall be deposited in the transportation information system account created by W.S. 31-1-204 .

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.12; Rev. W.S. 1957, § 31-276.12; Laws 1981, Sp. Sess., ch. 10, § 1; 1985, ch. 20, § 1; ch. 234, § 2; 1993, ch. 136, § 1; ch. 145, §§ 2, 5; 1994, ch. 8, § 1; 1995, ch. 146, § 2; 1997, ch. 128, § 2; 2005, ch. 197, § 1; 2009, ch. 35, § 1; 2013 ch. 71, § 1, effective January 1, 2014; 2017 ch. 211, § 1, effective July 1, 2017; 2020 ch. 15, § 1, effective July 1, 2020; 2021 ch. 152, § 2, effective July 1, 2021.

The 2009 amendment, effective January 1, 2010, deleted “and submits an updated color photograph certified by military officials to be a photograph of the person” at the end of (f)(i).

The 2005 amendment, effective September 16, 2005, added (a)(xi).

The 2013 amendment, effective January 1, 2014, substituted “learner’s” for “driver instruction” in (a)(vii).

The 2017 amendment, effective July 1, 2017, in (a)(i) substituted “40.00” for “20.00,” (a)(ii) substituted “40.00” for “20.00,” (a)(iii) substituted “20.00” for “10.00,” (a)(iv) substituted “30.00” for “15.00,” (a)(v) substituted “30.00” for “15.00,” (a)(vi) substituted “50.00” for “20.00,” (a)(vii) substituted “40.00” for “20.00,” (a)(viii) substituted “40.00” for “20.00,” (a)(ix) substituted “80.00” for “40.00,” (a)(x) substituted “6.00” for “3.00,” (a)(xi) substituted “30.00” for “15.00,” and (d) substituted “fifty dollars ($50.00)” for “twenty-five dollars ($25.00).”

The 2020 amendment, effective July 1, 2020, added (a)(xii) and the undesignated paragraph following (a)(xii).

The 2021 amendment, effective July 1, 2021, added ", in addition to the fee in subsection (g) of this section" in (a); and added (g).

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

§ 31-7-114. Examinations; visual acuity.

  1. The division shall examine every applicant for a driver’s license and instructional permit and shall require each applicant to demonstrate adequate visual acuity according to department rules. The division’s examination shall include a test of the applicant’s ability to read and understand official traffic control devices and the applicant’s knowledge of safe driving practices and the traffic laws of the state. The examination may also include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles to be driven.
  2. The division may waive the knowledge and driving test of any person applying for a renewal license under this act.
  3. The division shall offer an examination within each calendar month in each county.
  4. Repealed by Laws 1993, ch. 145, §§ 2, 5.
  5. No person may be issued a commercial driver’s license or commercial learner’s permit unless the person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle as prescribed by rules and regulations of the department which shall at a minimum include the standards established by the secretary of the United States department of transportation. Except as provided in subsections (f) and (g) of this section, the tests shall be prescribed and conducted by the department. The written test for a hazardous materials endorsement shall be taken and passed if the person seeks to retain the “H” endorsement authorized under W.S. 31-7-304(a)(ii)(A).
  6. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of local government including fire departments to administer the skills test specified by subsection (a) of this section, provided:
    1. The test is the same which the department would administer;
    2. The third party enters into an agreement with the department which complies with rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation;
    3. A third party tester who is not a division of the state is bonded in an amount and as required by rules adopted by the department;
    4. Fingerprints and other necessary information is provided by, and a federal bureau of investigation’s criminal background check is conducted on, every person conducting skills testing on and after January 1, 2014 and on an annual basis thereafter;
    5. No skills test is conducted on a student or graduate of a commercial vehicle training school by any commercial vehicle training school examiner who provided instruction to the student or graduate; and
    6. Every person conducting a skills test shall conduct no less than ten (10) skills tests per year. Any skills tester who performs less than ten (10) tests per year shall be subject to recertification pursuant to rules adopted by the department.
  7. The department may waive the skills test specified in subsection (e) of this section for a commercial driver license applicant who meets the requirements contained in rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.13; Rev. W.S. 1957, § 31-276.13; Laws 1985, ch. 234, § 2; 1989, ch. 176, § 2; 1991, ch. 185, § 1; 1993, ch. 145, §§ 2, 5; 2013 ch. 71, § 1, effective January 1, 2014; 2021 ch. 38, § 1, effective July 1, 2021.

The 2013 amendment, effective January 1, 2014, in (e) added “or commercial learner’s permit” in the first sentence; and added (f)(iii) through (f)(vi).

The 2021 amendment , effective July 1, 2021, added “; visual acuity” in the section heading; and rewrote (a), which read, “The division shall examine every applicant for a driver’s license and instructional permit. The examination shall include a test of the applicant’s eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices, the traffic laws of the state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles to be driven.”

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 31-7-102(a)(xlix).

§ 31-7-115. Issuance, description and contents.

  1. Upon the satisfactory completion of any required examination, the division shall issue to every qualifying applicant a driver’s license, and:
    1. The license shall be tamperproof to the maximum extent practicable and may include security features as deemed appropriate by the department;
    2. The commercial driver’s license and commercial learner’s permit shall be marked “Commercial Driver’s License” or “CDL”;
    3. The driver’s license shall include, but not be limited to, the following information:
      1. The class or type of motor vehicle or vehicles which the person is authorized to drive together with any authorized endorsements or required restrictions;
      2. The distinguishing number assigned to the licensee;
      3. The full legal name, any identifying numbers or letters deemed appropriate, date of birth, principal residence address, height, weight and sex of the licensee. Unless otherwise required by federal law, the social security number of the person shall not be required on a driver’s license;
      4. A full facial digital color photograph of the licensee;
      5. The space for identification as an anatomical organ donor as provided for in W.S. 31-7-139 ;
      6. The licensee’s usual signature. No license is valid until it has been signed by the licensee;
      7. Date the license is issued;
      8. Date the license expires;
      9. Any other information required by the department to comply with applicable federal law;
      10. At the option of the licensee pursuant to a signed application prepared by the department, a symbol that the designation of a person who could be contacted in the event of an emergency is on file with the department;
      11. A veteran designation in the form of a printed “V” pursuant to W.S. 31-7-141 ;
      12. The space for a medical alert designation as provided for in W.S. 31-7-142 .
  2. Licenses issued to persons under twenty-one (21) years of age shall bear distinctive markings indicating the licensee is under twenty-one (21) years. After January 1, 1994, a license shall expire no later than when the licensee attains twenty-one (21) years of age. The department shall notify the licensee at least ninety (90) days prior to his twenty-first birthday of the expiration date of his license. A licensee may apply for a license within ninety (90) days of attaining the age of twenty-one (21) years, payment of the proper fee and surrender of the original license.
  3. Any permit issued in connection with a commercial learner’s permit shall be issued as a separate document or digital document, which shall comply with all security measures required by the department to comply with applicable federal law.
  4. A license issued under subsection (a) of this section may include a digital driver’s license. A digital driver’s license may be issued upon request of a licensee and payment of the required fee. No digital driver’s license shall be issued unless the applicant holds the corresponding physical driver’s license or unless the corresponding physical driver’s license is issued simultaneously. The department may digitally cancel, suspend or revalidate a digital driver’s license on the occasions that a physical driver’s license would be taken possession of, cancelled, suspended, returned or reinstated, as appropriate. A digital driver’s license shall be designed:
    1. To protect to the maximum extent practicable the digital driver’s license holder’s privacy, including the use of privacy enhancing technologies or other security methods as deemed appropriate by the department;
    2. So that there is no need for the driver’s license holder to relinquish possession of the portable electronic device in which the digital driver’s license is stored to present the digital driver’s license.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.14; Rev. W.S. 1957, § 31-276.14; Laws 1977, ch. 114, § 2; 1978, ch. 41, § 1; 1985, ch. 40, § 1; ch. 234, § 2; 1988, ch. 44, § 1; 1989, ch. 176, § 2; 1993, ch. 145, § 2; 2000, ch. 83, § 1; 2009, ch. 35, § 1; 2011, ch. 168, § 1; 2013 ch. 71, § 1, effective January 1, 2014; 2013 ch. 199, § 2, effective July 1, 2013; 2019 ch. 139, § 2, effective January 1, 2020; 2020 ch. 15, § 1, effective July 1, 2020.

The 2009 amendment, effective January 1, 2010, in (a)(iii)(C), substituted “principal residence address” for “mailing address” in the first sentence and added the third sentence; substituted “full facial digital color photograph” for “color photograph” in (a)(iiii)(D); and added (a)(iii)(J).

The 2012 amendment, by Laws 2011, ch. 168, § 1, added (a)(iii)(K).

The 2013 amendments. — The first 2013 amendment, by ch. 71, § 1, effective January 1, 2014, in (a)(ii) substituted “learner’s” for “driver’s instruction,” and added (c).

The second 2013 amendment, by ch. 199, § 2, effective July 1, 2013, added (a)(iii)(M).

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

The 2019 amendment, effective January 1, 2020, added (a)(iii)(N).

The 2020 amendment, effective July 1, 2020, in (c), substituted “as” for “on” following “permit shall be issued” and added “or digital document” following “a separate document”; and added (d).

Editor's notes. —

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

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

State's liability to one injured by improperly licensed driver, 41 ALR4th 111.

§ 31-7-116. Carrying and displaying.

Every licensee shall have his driver’s license in his immediate possession at all times when driving a motor vehicle and shall display the license upon demand of any judicial officer, municipal court judge, any officer or agent of the division or any police officer as defined in W.S. 31-5-102(a)(xxxiii). However, no person charged with violating this section shall be convicted if he produces in court a driver’s license previously issued to him and valid at the time of his arrest. For the purposes of this section “display” of a physical license means the surrender of the physical license to the demanding officer. After examination the officer shall immediately return the license to the licensee except as provided in W.S. 31-5-1205(k). For purposes of this section “display” of a digital driver’s license means that a licensee may provide access to the digital driver’s license on the licensee’s portable electronic device. No law enforcement or judicial officer demanding display of a licensee’s digital driver’s license for any licensing or identification verification purpose shall take custody of the licensee’s portable electronic device. Display of a digital driver’s license shall not serve as consent to search the driver’s portable electronic device. Nothing in this section shall be construed to require a person, other than the department if it has chosen to issue a digital driver’s license, to accept a digital driver’s license or otherwise require the purchase of equipment to verify the accuracy of a digital driver’s license.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.15; Rev. W.S. 1957, § 31-276.15; Laws 1985, ch. 234, § 2; 2000, ch. 48, § 2; 2020 ch. 15, § 1, effective July 1, 2020.

Cross references. —

As to duty to exhibit license at scene of accident, see § 31-5-1103 .

The 2020 amendment, effective July 1, 2020, in the third sentence, added “of a physical license” following “ ‘display’,” substituted “the physical” for “his” following “surrender of,” and added the last four sentences.

Authority to withhold license. —

Under the terms of § 31-5-102(a)(xxxiii), 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 this section to withhold licenses. Pogue v. Allison, 851 F. Supp. 1536, 1994 U.S. Dist. LEXIS 6234 (D. Wyo. 1994).

No driver's license. —

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).

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. —

Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator's license or the vehicle registration certificate, 6 ALR3d 506.

Search and seizure: Lawfulness of demand for driver's license, vehicle registration, or proof of insurance pursuant to police stop to assist motorist, 19 ALR5th 884.

§ 31-7-117. Restricted licenses.

  1. Upon issuing a driver’s license the division for good cause may impose restrictions suitable to the licensee’s driving ability. The restrictions may require special mechanical control devices on any motor vehicle which the licensee may drive and any other restrictions upon the licensee the division determines to be necessary and reasonably likely to assure the safe driving of any motor vehicle by the licensee. The division may issue a restricted license to a person whose license has otherwise been suspended or revoked, as provided in article 4 of this chapter.
  2. The division may issue a special restricted license or may state the restrictions on the license form.
  3. The division may issue a restricted class “C” or “M” license, or both such licenses, to a person who is between the ages of fourteen (14) and sixteen (16) years upon receipt of application, payment of the proper fees, an affidavit of extreme inconvenience signed by the parent or guardian having custody of the applicant and a finding by the highway patrol that extreme inconvenience actually exists. The applicant shall successfully pass the examination required by W.S. 31-7-114 . The licensee may drive a vehicle only between the hours of 5:00 a.m. and 8:00 p.m., within a fifty (50) mile radius of his domicile and only at the direction of his parent or guardian. If any person while licensed under this subsection, receives a citation for a moving violation, the division, upon receipt of the notice of conviction, shall suspend the license and any other license or permit evidencing that person’s privilege to operate a motor vehicle. For purposes of this subsection “extreme inconvenience” includes the following circumstances:
    1. The person must drive to school and the person’s residence is more than five (5) miles from the school;
    2. The person has a regular job more than five (5) miles from the person’s residence;
    3. The person must have the license to work in his parent’s business; or
    4. Any other circumstance which the highway patrol finds is an extreme inconvenience.
  4. Upon receiving satisfactory evidence of any violation of the restrictions of the license, the division may cancel, suspend or revoke the license but the licensee is entitled to a hearing under W.S. 31-7-105 .
  5. It is a misdemeanor to drive a motor vehicle in violation of the restrictions imposed in a restricted license issued pursuant to this section.
  6. A person who is at least fifteen (15) years of age who holds a restricted class “C” license may drive beyond the hours and radius specified in subsection (c) of this section if the person is accompanied by a person who:
    1. Is at least eighteen (18) years of age;
    2. Is licensed to drive as a driver for the type or class of vehicle being used;
    3. Is fit and capable of exercising control over the vehicle; and
    4. Is occupying a seat beside the driver.
  7. Except as provided in subsection (f) of this section, any license issued pursuant to subsection (c) of this section shall only be used for the situation creating the extreme hardship and shall only be valid when accompanied by and used in conjunction with the statement restriction listing the circumstances of the extreme inconvenience. The statement of restrictions is to be issued by the department pursuant to the highway patrol’s investigation. Drivers convicted of violating this subsection shall be subject to the provisions of subsections (d) and (e) of this section.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.16; Rev. W.S. 1957, § 31-276.16; Laws 1985, ch. 234, § 2; 1989, ch. 206, § 1; 1999, ch. 52, § 1; 2005, ch. 197, § 1; 2006, ch. 82, § 2; 2009, ch. 192, § 1.

The 2005 amendment, effective September 16, 2005, substituted “Is licensed to drive as a driver for the type or class of vehicle being used” for “Has been licensed to drive for at least one (1) year” in (f)(ii).

The 2006 amendment, effective July 1, 2006, added the last sentence in (a).

The 2009 amendment, inserted “, or both such licenses,” in the first sentence of (c).

Laws 2009, ch. 192, § 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 12, 2009.

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

§ 31-7-118. Replacement license.

If a license issued under this act is lost, destroyed or if the licensee desires to withdraw or insert notice of anatomical organ donation or a medical alert designation, the person may obtain the appropriate replacement license upon payment of the proper fee and surrender of the original license, if available.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.17; Rev. W.S. 1957, § 31-276.17; Laws 1977, ch. 114, § 2; 1985, ch. 234, § 2; 2019 ch. 139, § 2, effective January 1, 2020.

The 2019 amendment, effective January 1, 2020, added “or a medical alert designation” following “organ donation.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

§ 31-7-119. Expiration and renewal; required tests; extension. [Effective until September 1, 2022]

  1. Every driver’s license shall expire on the licensee’s birthday in the fifth year following the issuance of the license.
  2. The division shall require every person applying for renewal of a driver’s license to demonstrate adequate visual acuity according to department rules. The division may require any applicant to take and successfully pass any additional tests or provide affidavits required or authorized under the original application as the division finds reasonably necessary to determine the applicant’s qualification according to the type or class of license. The written test for a hazardous materials endorsement shall be taken and passed if the person wants to retain an “H” endorsement unless the applicant’s written test results are less than two (2) years old.
  3. Notwithstanding subsection (f) of this section, the division may defer the expiration of the license of a licensee who is on active duty in the armed forces of the United States for successive five (5) year periods, upon terms and conditions as it may prescribe. The division may similarly defer the expiration of the license of the spouse or dependent child of the person in the armed forces if residing with that person.
  4. Except as provided in article 4 of this chapter, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a new license until the expiration of the period of revocation. Any person making false application for a new license before the expiration of the period of revocation 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.
  5. Notwithstanding subsection (a) of this section, the driver’s license of any person who has not attained his twenty-first birthday may be renewed within thirty (30) days prior to the date of his twenty-first birthday upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section.
  6. Once in any ten (10) year period, a driver’s license may be extended for a five (5) year period without the examination required by subsection (b) of this section for a licensee:
    1. Whose license has not been suspended or revoked in the five (5) years immediately preceding the date of license expiration;
    2. Who, according to affidavits required by the division indicates no medical impairment which might represent a hazard to public safety;
    3. Whose license is not restricted pursuant to W.S. 31-7-117(c);
    4. Who does not have a material change in any personally identifiable information that requires the applicant to present one (1) of the documents listed in W.S. 31-7-111(a).
  7. The division shall send a notification for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee, or notify by electronic means if the eligible licensee has consented to receive notices electronically, within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days before the license expiration date or, if the eligible licensee has consented to receive notices electronically, by electronic means at least thirty (30) days before the license expiration date. The application shall be accompanied by written evidence that the applicant has demonstrated adequate visual acuity according to department rules. Upon receipt of a completed application and the fee prescribed by W.S. 31-7-113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension.
  8. Repealed by Laws 2009, ch. 35, § 2.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.18; Rev. W.S. 1957, § 31-276.18; Laws 1977, ch. 114, § 2; 1978, ch. 41, § 1; 1979, ch. 11, § 1; 1981, Sp. Sess., ch. 10, § 1; 1985, ch. 234, § 2; 1989, ch. 193, § 1; 1993, ch. 145, § 2; 1997, ch. 8, § 1; 2006, ch. 82, § 2; 2009, ch. 35, §§ 1, 2; 2019 ch. 172, § 1, effective July 1, 2019; 2020 ch. 15, § 1, effective July 1, 2020; 2021 ch. 38, § 1, effective July 1, 2021.

The 2006 amendment, effective July 1, 2006, added the exception language at the beginning of (d).

The 2009 amendment, effective January 1, 2010, deleted the last two sentences in (a) which provided for renewal of driver's license within 120 days; inserted “unless the applicant's written test results are less than two (2) years old” at the end of (b); added (f)(iv); and repealed former (h), which read: “The license extension shall be properly affixed to the reverse side of the license to validate extension.”

The 2019 amendment, effective July 1, 2019, in (a), substituted “fifth year” for “fourth year”; in (c), substituted “successive five (5) year periods” for “successive four (4) year periods”; in the introductory language in (f), substituted “ten (10) year period” for “eight (8) year period,” and “five (5) year period” for “four (4) year period,” and in (f)(i), substituted “five (5) years” for “four (4) years.”

The 2020 amendment, effective July 1, 2020, in (g), substituted “a notification” for “an application” at the beginning, added “, or notify by electronic means if the eligible licensee has consented to receive notices electronically,” following “an eligible licensee” in the first sentence, and substituted “before the license expiration date or, if the eligible licensee has consented to receive notices electronically, by electronic means at least thirty (30) days before” for “prior to” following “thirty (30) days” in the second sentence.

The 2021 amendment , effective July 1, 2021, in (b), substituted “demonstrate adequate visual acuity according to department rules” for “take and successfully pass a test of his eyesight” in the first sentence, “the applicant's” for “his” in the second sentence; and substituted “applicant has demonstrated adequate visual acuity according to department rules” for “applicant's visual acuity is 20/40 or better with or without corrective lenses, as tested within one (1) year prior to submitting the application” in the third sentence of (g).

The 2022 amendment, effective September 1, 2022, in (c), added “or renew” following “expiration of” twice, in the first sentence, added “for successive five (5) year periods” substituted “or of a licensee employed by a federal, state or local government agency, where the federal, state or local government agency requires the licensee's physical presence in another state or foreign country” for “for successive five (5) year periods” and “the division” for “its,” and added “or the federal, state or local government agency” in the second sentence.

Editor's notes. —

Laws 2019, ch. 172, § 2, provides: “This act applies to licenses issued or renewed on or after July 1, 2019.”

§ 31-7-119. Expiration and renewal; required tests; extension. [Effective September 1, 2022]

  1. Every driver’s license shall expire on the licensee’s birthday in the fifth year following the issuance of the license.
  2. The division shall require every person applying for renewal of a driver’s license to demonstrate adequate visual acuity according to department rules. The division may require any applicant to take and successfully pass any additional tests or provide affidavits required or authorized under the original application as the division finds reasonably necessary to determine the applicant’s qualification according to the type or class of license. The written test for a hazardous materials endorsement shall be taken and passed if the person wants to retain an “H” endorsement unless the applicant’s written test results are less than two (2) years old.
  3. Notwithstanding subsection (f) of this section, the division may defer for successive five (5) year periods the expiration of or renew the license of a licensee who is on active duty in the armed forces of the United States or of a licensee employed by a federal, state or local government agency, where the federal, state or local government agency requires the licensee’s physical presence in another state or foreign country, upon terms and conditions as the division may prescribe. The division may similarly defer the expiration of or renew the license of the spouse or dependent child of the person in the armed forces or the federal, state or local government agency if residing with that person.
  4. Except as provided in article 4 of this chapter, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a new license until the expiration of the period of revocation. Any person making false application for a new license before the expiration of the period of revocation 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.
  5. Notwithstanding subsection (a) of this section, the driver’s license of any person who has not attained his twenty-first birthday may be renewed within thirty (30) days prior to the date of his twenty-first birthday upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section.
  6. Once in any ten (10) year period, a driver’s license may be extended for a five (5) year period without the examination required by subsection (b) of this section for a licensee:
    1. Whose license has not been suspended or revoked in the five (5) years immediately preceding the date of license expiration;
    2. Who, according to affidavits required by the division indicates no medical impairment which might represent a hazard to public safety;
    3. Whose license is not restricted pursuant to W.S. 31-7-117(c);
    4. Who does not have a material change in any personally identifiable information that requires the applicant to present one (1) of the documents listed in W.S. 31-7-111(a).
  7. The division shall send a notification for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee, or notify by electronic means if the eligible licensee has consented to receive notices electronically, within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days before the license expiration date or, if the eligible licensee has consented to receive notices electronically, by electronic means at least thirty (30) days before the license expiration date. The application shall be accompanied by written evidence that the applicant has demonstrated adequate visual acuity according to department rules. Upon receipt of a completed application and the fee prescribed by W.S. 31-7-113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension.
  8. Repealed by Laws 2009, ch. 35, § 2.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.18; Rev. W.S. 1957, § 31-276.18; Laws 1977, ch. 114, § 2; 1978, ch. 41, § 1; 1979, ch. 11, § 1; 1981, Sp. Sess., ch. 10, § 1; 1985, ch. 234, § 2; 1989, ch. 193, § 1; 1993, ch. 145, § 2; 1997, ch. 8, § 1; 2006, ch. 82, § 2; 2009, ch. 35, §§ 1, 2; 2019 ch. 172, § 1, effective July 1, 2019; 2020 ch. 15, § 1, effective July 1, 2020; 2021 ch. 38, § 1, effective July 1, 2021; 2022 ch. 72, § 1, effective September 1, 2022.

§ 31-7-120. Records to be kept by division; exceptions.

  1. The division shall maintain a readily available file of and suitable indexes for:
    1. All license applications denied with the reasons for denial noted thereon;
    2. All applications granted;
    3. Every licensee whose license has been suspended or revoked and the reasons for the action;
    4. All accident reports and abstracts of court records of convictions received under the laws of this state with suitable notations for each licensee showing the convictions of the licensee and the traffic accidents in which he has been involved.
  2. Notwithstanding subsection (a) of this section the division shall twelve (12) months after conviction, expunge the record relating to the suspension of a driver’s license of a minor pursuant to W.S. 31-7-128(f) for the violation of any law or ordinance relating to the possession or consumption of a controlled substance or alcohol, except a violation of W.S. 31-5-233 . For any person whose records of a driver’s license suspension were expunged under this subsection, the suspension under this subsection is deemed not to have occurred and the individual may reply accordingly upon any inquiry in the matter. Notwithstanding W.S. 31-5-1214 , records of suspensions under W.S. 31-7-128(f) shall not be made available for public inspection except for inspection by any law enforcement officer or agency. Any driver’s license suspension or related records under this subsection shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this section.
  3. The division is authorized to provide personally identifiable information in its records to the secretary of state for the implementation of the voter registration system. The provision of information shall be for the purpose of verifying voter registration data. The division shall do so in accordance with terms agreed upon by the secretary and the director of the department.
  4. The division is authorized to provide personally identifiable information in its records to the commissioner of social security for the purpose of having the applicable information matched with the information in the commissioner’s records. The division shall do so in accordance with the Social Security Act, 42 U.S.C. 405(r), and the terms agreed upon by the commissioner of social security and the director of the department.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.19; Rev. W.S. 1957, § 31-276.19; Laws 1985, ch. 234, § 2; 1987, ch. 33, § 1; ch. 189, § 1; 1991, ch. 233, § 1; 2004, ch. 94, § 2.

Cross references. —

As to records and reports in traffic cases, see §§ 31-5-1214 and 31-7-126 .

As to voter registration, see title 22, chapter 3.

The 2004 amendment added (c) and (d).

Laws 2004, ch. 94, § 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 5, 2004.

Cited in

Johnson v. State Hearing Exmrs. Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992).

§ 31-7-121. [Repealed.]

Repealed by Laws 1997, ch. 5, § 1.

Editor's notes. —

This section, which derived from Laws 1973, ch. 238, § 1, related to the authority of the department's medical advisory board on driver's license issues.

§ 31-7-122. Reexaminations.

  1. The division, having good cause to believe that a licensed driver is unsafe or otherwise not qualified to be licensed, may upon written notice of not less than ten (10) days to the licensee require him to submit to an appropriate examination. Upon the conclusion of the examination, or the refusal of the person to timely complete the examination, the division shall:
    1. Cancel or refuse to renew the person’s license;
    2. Permit him to retain the license; or
    3. Issue him a license subject to restrictions as permitted under W.S. 31-7-117 or restrictions as to the type or class of vehicles that may be driven.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.27; Rev. W.S. 1957, § 31-276.27; W.S. 1977, § 31-7-128 ; Laws 1985, ch. 234, § 2; 2005, ch. 79, § 1.

The 2005 amendment, in (a), in the second sentence, inserted “or the refusal of the person to timely complete the examination.”

Laws 2005, ch. 79, § 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 22, 2005.

Editor's notes. —

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

§ 31-7-123. Authority of division to cancel license or permit.

The division may cancel any driver’s license, instruction permit or commercial learner’s permit upon determining that the licensee or permittee was not entitled to the license or permit, that the licensee or permittee failed to give the required or correct information in his application, that the license or permit has been altered or upon receipt of a written statement from a licensed treating physician or optometrist stating that the licensee or permittee is not capable of safely operating a motor vehicle. The licensed treating physician or optometrist may request an examination by the division under W.S. 31-7-122 .

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.21; Rev. W.S. 1957, § 31-276.21; W.S. 1977, § 31-7-122 ; Laws 1985, ch. 234, § 2; 2005, ch. 79, § 1; 2013 ch. 71, § 1, effective January 1, 2014.

The 2005 amendment added the provisions beginning with “or upon receipt of a written statement.”

Laws 2005, ch. 79, § 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 22, 2005.

The 2013 amendment, effective January 1, 2014, added “or commercial learner’s permit” in the first sentence.

§ 31-7-124. Suspension or revocation of privileges of nonresidents; reporting of convictions, suspensions and revocations by division.

  1. The privilege of a nonresident to drive a motor vehicle on the highways of this state is subject to suspension or revocation by the division under this act.
  2. The division, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, shall forward a certified copy of the record to the motor vehicle administrator of the state of the driver’s residence and to the state issuing the license.
  3. When a nonresident’s operating privilege is suspended or revoked, the division shall forward a certified copy of the record of the action to the motor vehicle administrator of the state of the driver’s residence and to the state issuing the license.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.22; Rev. W.S. 1957, § 31-276.22; W.S. 1977, § 31-7-123 ; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-7-102(a)(xlix).

§ 31-7-125. Suspension or revocation upon notice of conviction in another state or in federal court.

The division shall suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or in a federal court of an offense which, if committed in this state, would be grounds for the suspension, revocation or disqualification of the license of a driver under W.S. 6-2-106 , 31-5-233 , 31-7-127 , 31-7-128 , 31-7-134 or 31-7-305 or upon receiving notice of a violation of a statute which, if committed in this state, would be grounds for suspension under the Motor Vehicle Safety-Responsibility Act. The division may suspend the license of any resident of the state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or federal court of an offense which, if committed in this state, would be grounds for the suspension of the license of a driver under W.S. 31-7-129 .

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.23; Rev. W.S. 1957, § 31-276.23; W.S. 1977, § 31-7-124 ; Laws 1985, ch. 234, § 2; 2004, ch. 11, § 1.

The 2004 amendment, effective July 1, 2004, inserted “or disqualification” and “or 31-7-305 ” in the first sentence.

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).

§ 31-7-126. Reporting of convictions and failure to appear by courts.

  1. Except as provided in subsection (b) of this section, every court having jurisdiction under any statute of this state or a municipal ordinance adopted by local authority regulating the driving of motor vehicles, shall forward to the division within ten (10) working days from the date of conviction a record of the conviction of any person in the court for a violation of any of those laws or ordinances, other than those regulating standing or parking of a motor vehicle. The court shall also forward to the division a report of any violation by any person of a promise to appear in court as given to the arresting officer upon the issuance of a traffic citation and any failure to appear in court at the time specified by the court. Failure of a court to forward a record of conviction or violation under this section within the time specified in this section from the date of conviction or violation shall not affect the division’s authority under this act.
  2. 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 division. The abstract furnished under this section shall include the information required in W.S. 7-19-107(k).

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.24; Rev. W.S. 1957, § 31-276.24; W.S. 1977, § 31-7-125 ; Laws 1984, ch. 41, § 4; 1985, ch. 234, § 2; 1987, ch. 33, § 2; 1990, ch. 92, § 1; 1991, ch. 233, § 1; 2005, ch. 197, § 1; 2011, ch. 167, § 1; 2020 ch. 4, § 1, effective July 1, 2020.

The 2005 amendment, effective September 16, 2005, by deleting the former second sentence, requiring courts to forward to the division a record of the conviction of any person under 19 for a substance abuse or alcohol offense.

The 2011 amendment, effective July 1, 2011, deleted “written” preceding “promise” in the second sentence.

The 2020 amendment, effective July 1, 2020, in (a), added “Except as provided in subsection (b) of this section”; and added (b).

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

Meaning of “this act.” —

For the definition of “this act,” referred to in the last sentence, see § 31-7-102(a)(xlix).

License suspension of under-19 individuals unconstitutional. —

This section and § 31-7-128(f), which together provide for the driver's license suspension of individuals under 19 years of age convicted of possession or consumption of alcohol, represent constitutionally prohibited special legislation that lacks rational differentiation from persons aged 19 and 20 who are also denied the right to use alcoholic beverages constituting a similar class and, for that matter, those of any age whose excessive use makes their use illegal. (Decided prior to 2005 amendment). Johnson v. State Hearing Examiner's Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992).

This section and § 31-7-128(f), which together provide for the suspension of driver's license for individuals less than 19 years of age when convicted of possession or consumption of alcohol, constitute punishment for a previous conviction, in violation of the prohibition of double jeopardy under art. 1, § 11, Wyo. Const. (Decided prior to 2005 amendment). Johnson v. State Hearing Examiner's Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992).

§ 31-7-127. Mandatory revocation of license for certain violations.

  1. The division shall revoke the license or nonresident operating privilege of any person, upon receipt of a record of conviction of the person of any of the following violations:
    1. Any felony which is the direct result of the manner in which a motor vehicle is driven;
    2. A conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence, if the person has been previously convicted two (2) or more times under W.S. 31-5-233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:
      1. The date of the offense upon which the conviction is based; or
      2. The date of the conviction at issue.
    3. A conviction under W.S. 31-5-229 , a similar local ordinance or a similar statute or ordinance in another jurisdiction, if the person has been previously convicted two (2) or more times under W.S. 31-5-229 , a similar local ordinance or a similar statute or ordinance in another jurisdiction within a five (5) year period preceding:
      1. The date of the offense upon which the conviction is based; or
      2. The date of the conviction at issue.
    4. Failure to stop and render aid when involved in a motor vehicle accident resulting in personal injury or death, as required by W.S. 31-5-1101 , a similar local ordinance or a similar statute or ordinance in another jurisdiction;
    5. Perjury or the making of a false affidavit or statement under oath to the division under any statute relating to the ownership or operation of motor vehicles;
    6. Conviction under W.S. 31-7-133(a)(v);
    7. Conviction under W.S. 6-2-106 or a similar statute in another jurisdiction.
  2. The period of revocation for the violations in subsection (a) of this section is one (1) year except the period of revocation under paragraph (a)(ii) of this section is three (3) years.
  3. Any person whose driver’s license or nonresident operating privilege has been revoked shall, for a three (3) year period beginning on the date of revocation, file and maintain proof of financial responsibility as required in W.S. 31-9-401 through 31-9-414 .

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.25; Rev. W.S. 1957, § 31-276.25; W.S. 1977, § 31-7-126 ; Laws 1979, ch. 139, § 3; 1984, ch. 41, § 3; 1985, ch. 234, § 2; 1987, ch. 39, § 1; 2010, ch. 5, § 1.

The 2010 amendment, effective July 1, 2010, substituted “ten (10) year” for “five (5) year” in the introductory language of (a)(ii).

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).

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).

Foreign statute. —

Montana statute prohibiting driver from having alcohol concentration of 0.10 or more was a “law prohibiting driving while under the influence” for purposes of subdivision (a)(ii) of this section. Wylie v. Wyoming DOT, 970 P.2d 395, 1998 Wyo. LEXIS 181 (Wyo. 1998).

License not revoked for municipal ordinance conviction. —

The legislature did not intend that a person's driver's license would be revoked under this section 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 § 31-5-1101 .State ex rel. Department of Revenue & Taxation, Motor Vehicle Div. v. McNeese, 718 P.2d 38, 1986 Wyo. LEXIS 531 (Wyo. 1986) (decided prior to 1987 amendments).

Authority of BIA agents to compel surrender of license. —

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).

Cited in

Ayres v. State, 718 P.2d 905, 1986 Wyo. LEXIS 548 (Wyo. 1986); Wyoming DOT v. Haglund, 982 P.2d 699, 1999 Wyo. LEXIS 96 (Wyo. 1999).

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (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. —

Automobiles: validity and construction of legislation authorizing revocation or suspension of operator's license for “habitual,” “persistent” or “frequent” violations of traffic regulations, 48 ALR4th 367.

Validity, construction, application and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver's license 2 ALR5th 725.

§ 31-7-128. Mandatory suspension of license or nonresident operating privilege for certain violations; suspension of registration.

  1. The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver’s conviction under W.S. 31-5- 229, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:
    1. Ninety (90) days, for the first conviction;
    2. Six (6) months, if the person has been previously convicted once under W.S. 31-5-229 , a similar ordinance or a similar statute or ordinance in another jurisdiction within the five (5) year period preceding:
      1. The date of the offense upon which the conviction is based; or
      2. The date of conviction at issue.
  2. Upon receiving a record of a driver’s conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence, the division shall suspend the license or nonresident operating privilege for:
    1. Ninety (90) days for the first conviction;
    2. One (1) year, if the person has been previously convicted once under W.S. 31-5-233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:
      1. The date of the offense upon which the conviction is based; or
      2. The date of the conviction at issue.
  3. If a person has been convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence at least once within the two (2) year period preceding the date of the most recent offense upon which a conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence is based, the registration of the vehicle being driven if registered in this state to the convicted individual shall be suspended by the division for the period of the driver’s license revocation or suspension. The division shall notify the county treasurer of the vehicle registration suspension. The county treasurer, during the period of registration suspension, shall not issue any new vehicle registrations to the convicted individual. Any peace officer may confiscate the license plate of a vehicle whose registration is solely in the name of the driver whose license has been suspended or revoked under state law.
  4. Repealed by Laws 2013, ch. 102, § 3.
  5. Any person whose driver’s license or nonresident operating privilege has been suspended shall, for a three (3) year period beginning on the date of suspension, file and maintain proof of financial responsibility as required in W.S. 31-9-401 through 31-9-414 . The requirement for filing and maintaining proof of financial responsibility under this subsection does not apply to a suspension under subsection (f), (g) or (n) of this section.
  6. Upon receiving a record of the conviction of a driver who is under nineteen (19) years of age for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol, the division shall suspend the license or nonresident operating privilege for:
    1. Ninety (90) days for the first conviction;
    2. Six (6) months, if the person has been previously convicted within the preceding twelve (12) months for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol.
  7. Upon receiving notice from the department of family services that a driver is in arrears in a child support obligation, the division shall withhold or suspend the license or any nonresident operating privileges of any driver as specified in the notice until the division receives notice from the department of family services that the driver has made full payment of his child support obligation in arrears or has entered into and is complying with a payment plan approved by the department of family services.
  8. Upon receiving a record of a driver’s violation of W.S. 31-5-234 , the department shall suspend or deny the license or nonresident driving privileges as follows:
    1. A person who has been issued a driver’s license shall be suspended:
      1. For a period of ninety (90) days for a first offense;
      2. For a period of six (6) months if the person has previously violated W.S. 31-5-234 once, or has previously been convicted once under W.S. 31-5-233 or other law prohibiting driving while under the influence within two (2) years preceding:
        1. The date of the offense upon which the conviction is based; or
        2. The date of conviction.
      3. Repealed by Laws 2002, Sp. Sess., ch. 93, § 2.
    2. A person who has not been issued a driver’s license shall not operate a vehicle and the department shall not issue the person a driver’s license or learner’s permit for the time specified in paragraph (h)(i) of this section.
  9. The provisions of subsection (e) of this section do not apply to a denial or suspension under W.S. 31-5-234 if the denial or suspension is based solely on a violation of W.S. 31-5-234 .
  10. Records of convictions or license suspensions under subsection (h) of this section 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 . Any records maintained by the department for suspensions under subsection (h) of this section shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the laws of Wyoming. Records under this subsection shall be maintained so that, upon inquiry by any member of the public who is not otherwise entitled to inspect a record maintained under this subsection, the records relating to the subject of the inquiry shall not display information with respect to a license suspension under subsection (h) of this section. Any driver’s license suspension or related records under subsection (h) of this section shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a person or his parents affected by subsection (h) of this section.
  11. Notwithstanding subsection (k) of this section, the department shall expunge the record relating to the suspension of a driver’s license under subsection (h) of this section when the person under suspension attains twenty-one (21) years of age, unless the person’s driver’s license is under suspension at that time, in which case the record shall be expunged when the suspension terminates and the person has paid the reinstatement fee required under W.S. 31-7-113(e).
  12. The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver’s second or subsequent conviction under W.S. 6-3-402 with regard to motor vehicle fuel offered for retail sale, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:
    1. Thirty (30) days, for the second conviction;
    2. Ninety (90) days for the third and each subsequent conviction.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.26; Rev. W.S. 1957, 31-276.26; Laws 1977, ch. 111, § 2; W.S. 1977, § 31-7-127 ; Laws 1982, ch. 52, §§ 1, 2; 1984, ch. 41, § 3; 1985, ch. 234, § 2; 1990, ch. 92, § 1; 1991, ch. 233, § 1; 1997, ch. 128, § 2; 1998, ch. 102, § 2; 1999, ch. 48, § 1; 2000, ch. 53, § 1; 2002 Sp. Sess., ch. 93, §§ 1, 2; 2007, ch. 68, § 1; 2010, ch. 5, § 1; 2013 ch. 102, § 3, effective July 1, 2013; 2013 ch. 191, § 2, effective July 1, 2013; 2020 ch. 90, § 1, effective July 1, 2020.

Cross references. —

As to theft of fuel, see § 6-3-402(f).

As to ignition interlock licenses, see § 31-7-401 et seq.

The 2007 amendment, effective July 1, 2007, added (n); and updated the internal references in (e).

The 2010 amendment, effective July 1, 2010, substituted “ten (10) year” for “five (5) year” in the introductory language of (b)(ii).

The 2013 amendments. —

The first 2013 amendment, by ch. 102, § 3, effective July 1, 2013, repealed former (d), which read: “The division shall suspend the license or any nonresident operating privileges of any person failing to report an accident as required by W.S. 31-5-1106 through 31-5-1108 until the report has been filed.”

The second 2013 amendment, by ch. 191, § 2, effective July 1, 2013, substituted “W.S. 6-3-412 ” for “W.S. 6-3-402(f)” in (n).

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 the introductory language of (n) substituted “W.S. 6-3-402 with regard to motor vehicle fuel offered for retail sale” for “W.S. 6-3-412 .”

Editor's notes. —

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

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).

License suspension of under-19 individuals unconstitutional. —

Section 31-7-126 and subsection (f) of this section, which provide for the driver's license suspension of individuals under 19 years of age convicted of possession or consumption of alcohol, represent constitutionally prohibited special legislation that lacks rational differentiation from persons aged 19 and 20 who are also denied the right to use alcoholic beverages constituting a similar class and, for that matter, those of any age whose excessive use makes their use illegal. (Decided prior to 2005 amendment to § 31-7-126 ). Johnson v. State Hearing Examiner's Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992).

Section 31-7-126 and subsection (f) of this section, which provide for the suspension of driver's license for individuals less than 19 years of age when convicted of possession or consumption of alcohol, constitute punishment for a previous conviction, in violation of the prohibition of double jeopardy under art. 1, § 11, Wyo. Const. (Decided prior to 2005 amendment to § 31-7-126 ). Johnson v. State Hearing Examiner's Office, 838 P.2d 158, 1992 Wyo. LEXIS 117 (Wyo. 1992).

Former provisions improperly delegated legislative powers to executive department. —

See Eastwood v. Wyoming Highway Dep't, 76 Wyo. 247, 301 P.2d 818, 1956 Wyo. LEXIS 42 (Wyo. 1956).

Section is not unconstitutional delegation of authority from the legislature to the executive department. State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983).

Unrebutted record of moving violations may amount to habitually reckless or negligent driving. —

The unrebutted record of moving violations may in and of itself amount to habitually reckless or negligent driving within the contemplation of the statutes, rules and regulations, and case law. State Dep't of Revenue & Taxation v. Guadagnoli, 677 P.2d 823, 1984 Wyo. LEXIS 262 (Wyo. 1984).

When traffic citation procedure utilized, accused to be informed of nature of offense. —

When the uniform citation procedure is utilized relative to a license suspension, it is sufficient if the accused is informed of the nature of the offense with which he is charged, as there is no authority holding that due process requires a uniform traffic citation to set out the penalty which will follow in the event of a conviction. Department of Revenue & Taxation v. Shipley, 579 P.2d 415, 1978 Wyo. LEXIS 294 (Wyo. 1978).

Liberal construction of notice provision in suspension procedures. —

Applicable statutes and rules should be liberally construed in favor of the right of a licensee to have a review of a proposed suspension, so that the phrase “date of notice” — contained in § 13 of the Rules of the Department of Revenue and Taxation — from which the time to request a hearing is computed, should be construed to mean the date of actual receipt by the licensee of the suspension order, rather than the date of the order or the date of its mailing. Department of Revenue & Taxation v. Shipley, 579 P.2d 415, 1978 Wyo. LEXIS 294 (Wyo. 1978).

Division suspends or revokes licenses, not court. —

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. 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 of § 31-5-233 ).

Division not subject to restrictions on courts in considering prior convictions. —

The division can suspend or revoke drivers' licenses on the basis of prior convictions for driving while intoxicated other than those considered by the courts in imposing sentence. The courts can only consider those prior convictions referred to in the complaint or information upon which the defendant is charged. Historically, the division has not been subject to the same restrictions as have the courts with reference to enhanced penalties under a habitual criminal act, such as in § 31-5-233 .State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983).

But only convictions under § 31-5-233 can be counted as prior convictions. —

Neither the division nor the courts can consider prior convictions for driving while intoxicated under the laws of other states or under municipal ordinances of this state in connection with sentences or with suspension or revocation of drivers' licenses. Only convictions under § 31-5-233 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) (decided prior to 1984 and 1985 amendments).

The refusal of the division to restore driving privileges which were suspended based on convictions under municipal ordinances was properly overturned by the district court, in actions filed subsequent to the decision in State ex rel. Motor Vehicle Div. v. Holtz, 674 P.2d 732, 1983 Wyo. LEXIS 394 (Wyo. 1983), which declared such suspensions unlawful. State v. Kraus, 706 P.2d 1130, 1985 Wyo. LEXIS 573 (Wyo. 1985) (decided under facts existing prior to 1984 and 1985 amendments).

Foreign conviction applied. —

Where Wyoming government agency's computer printout of electronically filed contents of defendant's driving record was sufficient to authenticate a motor vehicle conviction from a foreign jurisdiction under § 31-7-201 , the conviction was used under this section. McDonald v. Department of Revenue & Taxation, 846 P.2d 694, 1993 Wyo. LEXIS 18 (Wyo. 1993).

Subsection (b) does not allow for exercise of discretion. Agency action is mandated. McGuire v. State, Dep't of Revenue & Taxation, 809 P.2d 271, 1991 Wyo. LEXIS 60 (Wyo. 1991).

Suspension powers extend to hearing examiner and tax commission. —

The provisions of subsection (c) were specific with respect to the authority of the division, upon hearing, to continue, modify or extend the suspension of a driver's license, and that authority extended to the hearing examiner, as its agent, and to the Wyoming tax commission, as one of its departments. Department of Revenue & Taxation, Motor Vehicle Div. v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983) (decided prior to 1984 and 1985 amendments).

Authority of BIA agents to compel suspension. —

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).

Criminal conviction not subject to collateral attack. —

A motorist could not, in an administrative hearing on an order suspending his driving privileges, collaterally attack his criminal conviction for driving under the influence, which conviction was the basis for the suspension. Meyer v. State, 767 P.2d 617, 1989 Wyo. LEXIS 24 (Wyo. 1989).

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (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. —

Validity, construction, application and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver's license 2 ALR5th 725.

Automobiles: necessity or emergency as defense in prosecution for driving without operator's license or while license is suspended, 7 ALR5th 73.

§ 31-7-129. Discretionary suspension of license.

  1. The division may suspend the license of any driver for a period not to exceed twelve (12) months if the licensee:
    1. Is a repeated violator, such fact being established by a record of moving violations, accidents or by other evidence;
    2. Has permitted an unlawful or fraudulent use of his license as defined in W.S. 31-7-133 ;
    3. Has refused or neglected to submit to an examination required by the division under W.S. 31-7-122 ;
    4. Has violated his promise to appear in court, given to an arresting officer in this state or any other state upon the issuance of a traffic citation, or has failed to appear in court in this state or another state at the time specified by the court; or
    5. Violates any of the endorsements on his commercial driver’s license.
  2. Upon receiving a record of the licensee’s conviction, the division may suspend a license issued under W.S. 31-7-117(c) for:
    1. Ninety (90) days, for a first conviction;
    2. One (1) year, for a subsequent conviction.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.26; Rev. W.S. 1957, § 31-276.26; Laws 1977, ch. 111, § 2; W.S. 1977, § 31-7-127 ; Laws 1982, ch. 52, §§ 1, 2; 1984, ch. 41, § 3; 1985, ch. 234, § 2; 1987, ch. 33, § 2; 1989, ch. 176, § 2; 2011, ch. 167, § 1.

The 2011 amendment, effective July 1, 2011, in (a)(iv), deleted “written” preceding “promise.”

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

§ 31-7-130. Commencement of cancellation, suspension or revocation.

  1. Except as otherwise provided by law, a cancellation, suspension or revocation by the division under this act or any other law shall commence the later of:
    1. Twenty (20) days after notice of intent to suspend or revoke is given by the division;
    2. If a hearing is requested in a timely manner, at the conclusion of the hearing process; or
    3. If the person’s license or privilege to drive was suspended or revoked at the time an additional suspension or revocation would have commenced under paragraph (a)(i) or (ii) of this section or other law, on the date that prior suspension or revocation expires.

History. Laws 1985, ch. 234, § 2.

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 § 31-7-102(a)(xlix).

§ 31-7-131. Surrender and return of license.

  1. Upon cancelling, suspending or revoking a license, the division shall require that any physical license be surrendered to the division and that any digital driver’s license be cancelled or suspended.
  2. Any person whose license has been cancelled, suspended or revoked shall immediately return his physical license to the division.
  3. At the end of a period of a suspension, the division shall return a license to the licensee, if unexpired, and revalidate any digital driver’s license, if applicable.

History. Laws 1973, ch. 238, § 1; W.S. 1957, §§ 31-275.29, 31-275.30; Rev. W.S. 1957, §§ 31-276.29, 31-276.30; W.S. 1977, §§ 31-7-130(b), 31-7-131 ; Laws 1984, ch. 41, § 3; 1985, ch. 234, § 2; 2020 ch. 15, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, in (a), substituted “any physical” for “the” preceding “license be surrendered” and added “and that any digital driver’s license be cancelled or suspended” at the end; in (b), added “physical” preceding “license to the division”; and in (c), added “and revalidate any digital driver’s license, if applicable” at the end.

§ 31-7-132. Restriction on operation under foreign license during cancellation, suspension or revocation in this state.

Any resident or nonresident whose driver’s license or privilege to drive a motor vehicle in this state has been cancelled, suspended or revoked under this act, shall not drive a motor vehicle in this state under a license or permit issued by any other jurisdiction during the suspension or after cancellation or revocation until a new license is obtained or nonresident operating privileges are authorized under this act.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.31; Rev. W.S. 1957, § 31-276.31; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 31-7-102(a)(xlix).

Resident with revoked license cannot drive on nonresident permit. —

A Wyoming resident whose Wyoming driver's license was revoked could not legally drive in Wyoming on a nonresident Colorado operator's temporary permit. Ayres v. State, 718 P.2d 905, 1986 Wyo. LEXIS 548 (Wyo. 1986).

§ 31-7-133. Unlawful use of license.

  1. It is an unlawful use of a license and is a misdemeanor for any person to:
    1. Display or permit to be displayed, or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered driver’s license;
    2. Lend his driver’s license to any other person or knowingly permit its use by another;
    3. Display or represent as one’s own any driver’s license not issued to him;
    4. Fail or refuse to surrender to the department upon lawful demand any driver’s license which has been suspended, revoked or cancelled;
    5. Use a false or fictitious name in any application for a driver’s license, knowingly make a false statement, knowingly conceal a material fact or otherwise commit a fraud in any application;
    6. Permit any unlawful use of a driver’s license issued to him; or
    7. Drive a vehicle in violation of the endorsements on his driver’s license, commercial driver’s license or commercial learners, instruction or temporary permit.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.33; Rev. W.S. 1957, § 31-276.33; W.S. 1977, § 31-7-134 ; Laws 1985, ch. 234, § 2; 1989, ch. 176, § 2; 2013 ch. 71, § 1, effective January 1, 2014.

The 2013 amendment, effective January 1, 2014, substituted “commercial driver’s license or commercial learners” for “or” in (a)(vii).

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. —

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.

§ 31-7-134. Driving while license cancelled, suspended or revoked. [Effective until July 1, 2022]

  1. No person shall drive a motor vehicle on any public highway in this state at a time when his driver’s license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked under this act or any other law. Except as provided in subsection (c) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both.
  2. Repealed by Laws 1998, ch. 113, § 2.
  3. A person convicted of a subsequent violation of subsection (a) of this section for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31-5-229 or 31-5-233 , is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233 (b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided under this section, but shall have his license administratively suspended for thirty (30) days.
  4. Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided by this section, but shall have his license administratively suspended for thirty (30) days.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.34; Rev. W.S. 1957, § 31-276.34; W.S. 1977, § 31-7-135 ; Laws 1982, ch. 42, § 1; 1985, ch. 107, § 1; ch. 234, § 2; 1998, ch. 102, § 2; ch. 113, §§ 1, 2; 1999, ch. 150, § 1; 2022 ch. 80, § 1, effective July 1, 2022.

The 2022 amendment, effective July 1, 2022, added “or other substantially similar law of any other jurisdiction” twice in the first sentence of (c).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-7-102(a)(xlix).

Resident with revoked license cannot drive with nonresident permit. —

A Wyoming resident whose Wyoming driver's license was revoked could not legally drive in Wyoming on a nonresident Colorado operator's temporary permit. Ayres v. State, 718 P.2d 905, 1986 Wyo. LEXIS 548 (Wyo. 1986).

Cited in

Pool v. State, 2001 WY 8, 17 P.3d 1285, 2001 Wyo. LEXIS 13 (Wyo. 2001).

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

Automobiles: necessity or emergency as defense in prosecution for driving without operator's license or while license is suspended, 7 ALR5th 73.

§ 31-7-134. Driving while license cancelled, suspended or revoked. [Effective July 1, 2022]

  1. No person shall drive a motor vehicle on any public highway in this state at a time when his driver’s license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked under this act or any other law. Except as provided in subsection (c) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both.
  2. Repealed by Laws 1998, ch. 113, § 2.
  3. A person convicted of a subsequent violation of subsection (a) of this section or other substantially similar law of any other jurisdiction for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31-5-229 or 31-5-233 or other substantially similar law of any other jurisdiction, is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233 (b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided under this section, but shall have his license administratively suspended for thirty (30) days.
  4. Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided by this section, but shall have his license administratively suspended for thirty (30) days.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.34; Rev. W.S. 1957, § 31-276.34; W.S. 1977, § 31-7-135 ; Laws 1982, ch. 42, § 1; 1985, ch. 107, § 1; ch. 234, § 2; 1998, ch. 102, § 2; ch. 113, §§ 1, 2; 1999, ch. 150, § 1; 2022 ch. 80, § 1, effective July 1, 2022.

§ 31-7-135. Permitting unlicensed person to drive.

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven or towed upon any highway by any person who is not licensed for the type or class of vehicles to be driven or is in violation of any provision of this act.

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.36; Rev. W.S. 1957, § 31-276.36; W.S. 1977, § 31-7-137 ; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

Automobile dealer not liable for entrusting car to unlicensed, but capable, minor. —

An automobile dealer who entrusts a car to a minor for a tryout is not liable for the minor's negligence merely because the minor does not have a driver's license, where the minor is of man size, of good appearance, employed in a man's work, and capable of driving the car in town traffic and on the highway. Finch v. Canaday, 75 Wyo. 472, 297 P.2d 594, 1956 Wyo. LEXIS 26 (Wyo. 1956) (decided under prior law).

Homeowner's insurer had no duty to defend. —

Homeowner's insurer did not owe a duty to defend a claim against its insured in which it was claimed that the insured's act of giving her unlicensed daughter gas money was an independent act of negligence (an “occurrence”); the insured's act or acts were inextricably related to the operation of the motor vehicle and, hence, fell squarely within an exclusion to the insurance coverage at issue. Lawrence v. State Farm Fire & Cas. Co., 2006 WY 56, 133 P.3d 976, 2006 Wyo. LEXIS 58 (Wyo. 2006).

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

Construction, application and effect of legislation making it offense to permit unauthorized or unlicensed person to operate motor vehicle, 69 ALR2d 978.

Negligent entrustment of motor vehicle to unlicensed driver, 55 ALR4th 1100.

§ 31-7-136. General penalties.

Except as otherwise provided by this act, any person who violates any provision of this act is guilty of a misdemeanor and may be punished by a fine of not more than seven hundred fifty dollars ($750.00).

History. Laws 1973, ch. 238, § 1; W.S. 1957, § 31-275.37; Rev. W.S. 1957, § 31-276.37; W.S. 1977, § 31-7-138 ; Laws 1985, ch. 234, § 2; 2020 ch. 96, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, deleted “by imprisonment for not more than ninety (90) days, or both. On conviction for a second or subsequent violation, the person may be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not to exceed six (6) months, or both” at the end and made a stylistic change.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in the first sentence, see § 31-7-102(a)(xlix).

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.

§ 31-7-137. Proof of receipt of notice or order; change of address or name.

  1. Evidence that a notice or order from the division under this act was mailed to the last known address of a person is prima facie proof the person received the notice or order five (5) days after the notice or order was mailed. Evidence that a notice or order from the division was sent by electronic means to the person’s last known address, if the person has consented to receive notices electronically, is prima facie proof that the person received the notice or order one (1) day after the notice or order was sent electronically.
  2. A person licensed under this act shall notify the division in writing within ten (10) days of any change of his address or name. Notification to the division may be by electronic means if the division has made electronic notification available and if the person opts to use electronic means. The division shall maintain a record of the names and addresses of all persons licensed under this act and shall amend the record when notified under this subsection.
  3. When a licensee changes his name, mailing address or residence, an application for a duplicate license shall be made within ten (10) days of the date of the change.

History. Laws 1985, ch. 234, § 2; 1993, ch. 145, § 2; 2020 ch. 15, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, in (a), substituted “Evidence that a notice or order from the division was sent by electronic means to the person’s last known address, if the person has consented to receive notices electronically, is prima facie proof that the person received the notice or order one (1) day after the notice or order was sent electronically” for “As used in this section, ‘last known address’ means the address on file with the division” at the end; and in (b) added the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

§ 31-7-138. Temporary license pursuant to W.S. 31-5-1205(k) (arrest for driving under the influence).

  1. The division shall provide to law enforcement agencies in this state temporary driver’s license forms to be issued pursuant to W.S. 31-5-1205(k). The temporary license form shall be prescribed by the division, be completed by the issuing officer, be valid for thirty (30) days and shall specify:
    1. The date of issuance;
    2. That the license is valid for thirty (30) days;
    3. That the person may apply for an extension from the division, if eligible for a Wyoming driver’s license;
    4. That the person’s license, whether a Wyoming license or a license from another jurisdiction was or was not surrendered to the arresting officer;
    5. That the license is not valid if at the time of issuance, the person does not have a valid driver’s license authorizing the person to drive in this state.
  2. The division shall issue or renew a temporary license, without charge, to a licensee issued a temporary license under W.S. 31-5-1205(k) on a form prescribed by the division as valid for sixty (60) days if the licensee:
    1. Applies in person at a licensing station;
    2. Surrenders or has surrendered his Wyoming driver’s license;
    3. Surrenders the temporary license issued under W.S. 31-5-1205(k); and
    4. Is otherwise eligible to receive a Wyoming driver’s license.
  3. The time limitations for renewal of a valid Wyoming license are extended during the time a person has a valid temporary license under this section.
  4. The Wyoming driver’s license of any person provided a temporary license under W.S. 31-5-1205(k) is invalid until disposition of the arrest or citation and shall be surrendered to the division.
  5. Upon receipt of a record indicating the disposition of the arrest or citation which required surrender of the license:
    1. Each Wyoming license surrendered under this section or pursuant to W.S. 31-5-1205(k) shall be:
      1. Returned, if the licensee is not convicted and is otherwise entitled to receive the license; or
      2. Retained, if the licensee is convicted.
    2. Otherwise, each record received shall be forwarded to the jurisdiction in which the license was issued and shall indicate:
      1. The licensee was not convicted and is otherwise entitled to receive his license or driving privileges; or
      2. The licensee was convicted.
  6. The division shall upon receipt of out-of-state driver’s license from the arresting officer under W.S. 31-5-1205(k) and 31-6-104(b) return the license to the jurisdiction in which it was issued along with a copy of the temporary driver’s license issued to licensee. The licensee is responsible for contacting the jurisdiction in which the license was issued for securing its return.
  7. As used in subsection (e) of this section:
    1. “Convicted” includes the department’s suspension or denial of a license pursuant to W.S. 31-5-234 or 31-6-108 ;
    2. “Otherwise entitled to receive the license” means the license is not currently under any suspension, revocation or cancellation for any reason, including suspension under W.S. 31-6-102 or 31-6-107 as a result of the same incident on which an arrest or citation was based.

History. Laws 1984, ch. 41, § 1; W.S. 1977, § 31-7-139 ; Laws 1985, ch. 234, § 2; 1987, ch. 131, § 1; 1998, ch. 102, § 2; 2000, ch. 70, § 1.

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).

Law reviews. —

For comment, “The New Implied Consent Amendments: A Step in the Right Direction,” see XXI Land & Water L. Rev. 165 (1986).

§ 31-7-139. Anatomical organ donor.

  1. The department shall, at the applicant’s request, identify on the Wyoming driver’s license or identification card that the person is an anatomical organ donor as provided by W.S. 35-5-205 .
  2. and (c) Repealed by Laws 1990, ch. 18, § 3.

History. Laws 1985, ch. 234, § 2; 1990, ch. 18, §§ 2, 3; 2003, ch. 79, § 2; 2009, ch. 97, § 2.

The 2009 amendment, effective July 1, 2009, substituted “35-5-205” for “35-5-112” in (a).

§ 31-7-140. Nonresident Violator Compact of 1977; division to enter into compact.

The division shall execute all documents and perform other duties as necessary to enter into and carry out the provisions of the Nonresident Violator Compact of 1977.

History. Laws 1987, ch. 33, § 1; 2008, ch. 44, § 1.

The 2008 amendment, deleted “and shall report to the legislature after two (2) years on revenue changes in the collection of fines from nonresident violators” at the end.

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.

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.”

Nonresident Violator Compact of 1977. —

The Nonresident Violator Compact of 1977, referred to in this section, apparently means § 31-7-201 .

§ 31-7-141. Veteran designation.

Upon receiving the certification required by W.S. 31-7-111(b)(xii), the department shall identify on the Wyoming driver’s license or identification card that the person is an honorably discharged veteran of the armed forces of the United States. The identification shall be in the form of a “V” printed on the face of the driver’s license or identification card.

History. 2013 ch. 199, § 1, effective July 1, 2013.

Effective dates. —

Laws 2013, ch. 199, § 3, makes the act effective July 1, 2013.

§ 31-7-142. Medical alert designation.

  1. The department shall, at the applicant’s request, identify on the Wyoming driver’s license or identification card that the person has a medical condition for which the person is requesting a medical alert designation.
  2. Any person, official, institution or agency participating in good faith in any act required or permitted by W.S. 31-7-115 , 31-7-142 and 31-8-101 is immune from any civil or criminal liability that might otherwise result by reason of the action. For purposes of any civil or criminal proceeding, the good faith of any person, official, institution or agency participating in any act permitted or required by W.S. 31-7-115 , 31-7-142 and 31-8-101 shall be presumed.

History. 2019 ch. 139, § 1, effective January 1, 2020.

Effective date. —

Laws 2019, ch. 139, § 3, makes the act effective January 1, 2020.

Article 2. Driver License Compact

§ 31-7-201. Compact provisions generally.

The Driver License Compact is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

History. Laws 1987, ch. 22, § 1.

ARTICLE I Findings and Declaration of Policy

  1. The party states find that:
    1. The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles;
    2. Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;
    3. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
  2. It is the policy of each of the party states to:
    1. Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles;
    2. Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II Definitions

  1. As used in this compact:
    1. “State” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;
    2. “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle;
    3. “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE III Report of Convictions

  1. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall:
    1. Clearly identify the person convicted;
    2. Describe the violation specifying the section of the statute, code or ordinance violated;
    3. Identify the court in which action was taken;
    4. Indicate whether a plea of guilty or not guilty was entered, or conviction was a result of the forfeiture of bail, bond or other security; and
    5. Include any special findings made in connection therewith.

ARTICLE IV Effect of Conviction

  1. The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct has occurred in the home state, in the case of convictions for:
    1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
    2. Driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
    3. Any felony in the commission of which a motor vehicle is used;
    4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
  2. As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by laws of the home state.
  3. If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in the subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.

ARTICLE V Applications for New Licenses

  1. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
    1. The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;
    2. The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant, if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways;
    3. The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VI Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VII Compact Administrator and Interchange of Information

  1. The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact.
  2. The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.

ARTICLE VIII Entry Into Force and Withdrawal

  1. This Compact shall enter into force and become effective as to any state when it has enacted the same into law.
  2. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.

ARTICLE IX Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Editor's notes. —

There is no subsection (b) in articles II, III and V of this section as it appears in the printed acts.

Computer printout authenticated foreign conviction. —

Wyoming government agency's computer printout of electronically filed contents of defendant's driving record was sufficient to authenticate a motor vehicle citation from a foreign jurisdiction. McDonald v. Department of Revenue & Taxation, 846 P.2d 694, 1993 Wyo. LEXIS 18 (Wyo. 1993).

Envelope sufficient indicia of source. —

In a Driver's License Compact case, a Pennsylvania licensee's driver's license was properly suspended where a report clearly indicated that the licensee had been convicted of a driving under the influence offense in Wyoming and there was extrinsic evidence that the report came from the Wyoming licensing authority. McCord v. DOT, Bureau of Driver Licensing, 834 A.2d 1257, 2003 Pa. Commw. LEXIS 776 (Pa. Commw. Ct. 2003).

Cited in

Wylie v. Wyoming DOT, 970 P.2d 395, 1998 Wyo. LEXIS 181 (Wyo. 1998).

§ 31-7-202. Definitions.

  1. As used in the Driver License Compact enacted in W.S. 31-7-201 :
    1. “Licensing authority” means the department of transportation;
    2. “Executive head” means the governor;
    3. “Head of the licensing authority” means the director of the department of transportation.

History. Laws 1987, ch. 22, § 1; 1991, ch. 241, § 3.

Editor's notes. —

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

Article 3. Commercial Driver's License

Savings clauses. —

Laws 1989, ch. 176, § 5, provides: “Nothing in this act invalidates any license lawfully issued before January 1, 1990, except that no license issued to a person prior to January 1, 1990, who is required to be licensed under W.S. 31-17-101 through 31-17-120 shall remain valid after September 30, 1993.”

§ 31-7-301. Notification required by driver.

  1. Any driver of a commercial motor vehicle holding a driver’s license issued by this state, who is convicted of violating any state or federal law or local ordinance relating to motor vehicle traffic control, in any state, or of violating any federal, provincial, territorial or municipal laws of Canada, other than parking violations, shall notify the department in writing, and shall also notify his employer in writing, within thirty (30) days of the date of the conviction.
  2. A driver whose driver’s license is suspended, revoked or canceled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his employer of the action taken before the end of the business day following the day the driver received notice of the action.
  3. A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application for employment, with the following information for the ten (10) year period preceding the date of application in a sworn statement:
    1. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
    2. The dates between which the applicant drove for each employer; and
    3. The reason for leaving each employer.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-103 ; Laws 1993, ch. 145, § 3.

§ 31-7-302. Employer responsibilities.

  1. Each employer must require the applicant to provide the information required in W.S. 31-7-301 .
  2. No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle, unless exempted pursuant to the terms of this chapter, during any period in which the driver has:
    1. Not been licensed to drive a commercial vehicle;
    2. A driver license suspended, revoked or canceled by a state;
    3. Lost the privilege to drive a commercial motor vehicle in a state;
    4. Been disqualified from driving a commercial motor vehicle; or
    5. More than one (1) driver license.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-104; Laws 1993, ch. 145, § 3; 2015 ch. 100, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, in (b), inserted “unless exempted pursuant to the terms of this chapter.”

Probationary driving privileges cannot extend to commercial vehicles. —

This chapter limits the hearing examiner's discretion to issue probationary driver's licenses during suspensions, in that probationary driving privileges cannot extend to the operation of commercial motor vehicles. Wilson v. State, 841 P.2d 90, 1992 Wyo. LEXIS 160 (Wyo. 1992).

§ 31-7-303. Exemptions.

  1. Notwithstanding any other provision of this act, the department shall by rule and regulation grant an exemption from the licensing and other requirements of this article or from the requirements of any rule or regulation adopted pursuant to this article to a class of persons or class of commercial motor vehicles exempted by the secretary of the United States department of transportation pursuant to title 49 of the United States Code including:
    1. A farm or ranch vehicle when:
      1. Controlled and operated by a farmer or rancher, including operation by employees or family members;
      2. Used in agricultural operations as defined in W.S. 31-18-801(a)(i), exempted under W.S. 31-18-103(a) and used to transport either agricultural products, farm or ranch machinery, farm or ranch supplies, or any combination of these items, to or from a farm or ranch; and
      3. Not used in the operations of a contract or common motor carrier.
    2. Firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police special weapons and tactics team vehicles, ambulances or other vehicles that are used in response to emergencies;
    3. Individuals who operate commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel, members of the military reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, civilian national guard military technicians who are required to wear military uniforms and active duty United States coast guard personnel.
  2. The department of transportation shall by rule and regulation grant to any person or class of persons specified under subsection (a) of this section any exemption from the requirements of this title that is granted by the secretary of the United States department of transportation.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-106 ; Laws 1993, ch. 145, § 3; 2004, ch. 11, § 1; 2015 ch. 100, § 1, effective July 1, 2015; 2017 ch. 97, § 1, effective July 1, 2017.

The 2004 amendment, effective July 1, 2004, in the introductory paragraph of (a), substituted “the licensing requirements of this article” for “compliance with this act” or “this act,” and “title 49 of the United States Code” for “49 U.S.C. § 10526.”

The 2015 amendment, effective July 1, 2015, in the introductory language of (a), substituted “from the requirements of any rule” for “with any rule, ” and deleted “the licensing requirements of” following “pursuant to”; in (a)(i)(A), added “including operation by employees or family members”; rewrote (a)(i)(B), (a)(ii), and (a)(iii); and made a related change.

The 2017 amendment, effective July 1, 2017, in the introductory language of (a), added “and other” following “licensing”; in (a)(i)(B), added “exempted under W.S. 31-18-103(a)”; and added (b).

Editor's notes. —

Laws 2017, ch. 97 , § 2, provides: "The department of transportation shall adopt any rules necessary to implement this act on or before July 1, 2017."

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 31-7-102(a)(xlix).

§ 31-7-304. Issuance; classifications and endorsements.

  1. Commercial driver’s licenses may be issued with the following classifications and endorsements. The holder of a valid commercial driver’s license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles which require a separate endorsement, unless the proper endorsement appears on the license:
    1. Classifications:
      1. Class “A” consists of any combination of vehicles with a gross combination weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds;
      2. Class “B” consists of any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds, or any such vehicle towing a vehicle which is not in excess of ten thousand (10,000) pounds;
      3. Class “C” consists of any single vehicle or combination of vehicles that does not meet the definition of a class “A” or class “B” vehicle as contained herein, but that either is designed to transport sixteen (16) or more passengers including the driver or is placarded for transportation of hazardous materials.
    2. The following driver’s license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver’s license:
      1. “H” authorizes the operation of a vehicle transporting hazardous materials;
      2. “N” authorizes the operation of a vehicle which is designed to transport as its primary cargo any liquid, bulk or gaseous material within a tank having a designed capacity of one thousand (1,000) gallons or more and attached to the vehicle;
      3. “P” authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of passengers, providing the licensed driver has attained the age of eighteen (18) years;
      4. “T” authorizes a class “A” vehicle to be operated while pulling more than one (1) trailer;
      5. “X” represents a combination of “H” and “N” endorsements;
      6. Repealed by Laws 2004, ch. 11, § 2.
      7. “S” authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of preschool, elementary or secondary school students from home to school, school to home or to and from school sponsored events.
  2. Before issuing a commercial driver’s license, the department shall obtain driving record information through the commercial driver license information system, through the National Driver Register, and from each state in which the person has been licensed.
  3. Within ten (10) days after issuing a commercial driver’s license, the department shall notify the commercial driver license information system of the issuance and provide all information required to ensure identification of the person.
  4. The commercial driver’s license shall expire as provided by W.S. 31-7-119 .
  5. When applying for renewal of a commercial driver’s license, the applicant must complete the application form required by W.S. 31-7-111 and provide updated information and required certifications. The written test for a hazardous materials endorsement must be taken and passed if the person wants to retain an “H” endorsement.
  6. Before issuing or renewing a commercial driver’s license or at any time before an applicant’s current federal medical qualification certificate expires, the department shall require that the applicant present a current federal medical qualification certificate.
  7. Before applying for a commercial driver’s license, an applicant shall have held a commercial learner’s permit in this state or another state for not less than fourteen (14) days.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-110(b) to (e); Laws 1993, ch. 145, § 3; 2004, ch. 11, §§ 1, 2; 2005, ch. 197, § 1; 2011, ch. 31, § 1; 2013 ch. 71, § 1, effective January 1, 2014.

The 2004 amendment, effective July 1, 2004, added (a)(ii)(G) and (f), and repealed former (a)(ii)(F), pertaining to driver's license endorsement K.

The 2005 amendment, effective September 16, 2005, in (a)(ii)(C), deleted the exception for specified licensed drivers between 16 and 18 at the end.

The 2011 amendment, effective July 1, 2011, in (f), inserted “or at any time before an applicant's current federal medical qualification certificate expires.”

The 2013 amendment, effective January 1, 2014, added (g).

Applicability. —

Laws 2005, ch. 197, § 3, makes the act applicable to persons applying for a license or permit who are under the age of 17 on September 16, 2005, and who do not have a valid driver's license from Wyoming or another jurisdiction.

Probationary driving privileges cannot extend to commercial vehicles. —

This chapter limits the hearing examiner's discretion to issue probationary driver's licenses during suspensions, in that probationary driving privileges cannot extend to the operation of commercial motor vehicles. Wilson v. State, 841 P.2d 90, 1992 Wyo. LEXIS 160 (Wyo. 1992) (decided under former § 31-17-105 ).

§ 31-7-305. Disqualification and cancellation; right to a hearing. [Effective until July 1, 2022]

  1. Any person is disqualified from driving a commercial motor vehicle for a period of not less than one (1) year if convicted of a first violation arising from separate incidents of:
    1. Driving or in actual physical control of a motor vehicle under the influence of alcohol or a controlled substance to a degree which renders him incapable of safely driving a motor vehicle;
    2. Driving or in actual physical control of a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or other bodily substance is four one-hundredths of one percent (0.04%) or more;
    3. Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person;
    4. Using a motor vehicle in the commission of any felony;
    5. Refusal to submit to a test to determine the driver’s alcohol concentration while driving or in actual physical control of a motor vehicle;
    6. Driving a commercial vehicle when, as a result of prior convictions, the driver’s driving privileges are cancelled, suspended or revoked, or the driver is disqualified from operating a commercial motor vehicle;
    7. Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to homicide by motor vehicle, negligent homicide, motor vehicle manslaughter or a similar local ordinance or similar state law from another jurisdiction;
    8. Driving or being in actual physical control of a motor vehicle while the alcohol concentration of the person’s blood, breath or other bodily substance is eight one-hundredths of one percent (0.08%) or more; or
    9. Violating any local ordinance or state law in another jurisdiction which is substantially similar to any of the violations listed in this subsection.
  2. If any of the violations provided in subsection (a) of this section occurred while transporting a hazardous material required to be placarded in accordance with 49 C.F.R. §§ 172.500 through 172.558 [49 C.F.R. §§ 172.500 through 172.560], the person is disqualified for a period of not less than three (3) years.
  3. A person may be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (a) of this section or any combination of those offenses arising from two (2) or more separate incidents. Only offenses committed after the effective date of this act apply to this subsection.
  4. The department shall issue regulations establishing guidelines and conditions under which a disqualification for life under subsection (c) of this section may be reduced to a period of not less than ten (10) years. The guidelines and conditions shall be in compliance with the Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570 [49 U.S.C. § 31100 et seq.].
  5. A person may be disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.
  6. A person may be disqualified from driving a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.
  7. A driver who is convicted of violating an out-of-service order may be disqualified for a period of:
    1. Not less than one hundred eighty (180) days nor more than one (1) year if the driver is convicted of a first violation of an out-of-service order;
    2. Not less than two (2) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of two (2) separate violations of out-of-service orders in separate incidents;
    3. Not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents;
    4. Not less than one hundred eighty (180) days nor more than two (2) years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver. A driver is disqualified for a period of not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver.
  8. For offenses specified in this subsection relating to a railroad-highway crossing, a person who holds, or is required to have, a commercial driver’s license is disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of a first offense under this subsection, for a period of one hundred twenty (120) days if convicted of a second offense under this subsection in a separate incident within a three (3) year period, or for a period of one (1) year for a third or subsequent conviction under this subsection within a three (3) year period for driving a commercial motor vehicle in violation of state or local law or regulation pertaining to one (1) of the following offenses at a railroad-highway crossing:
    1. For drivers who are not required to stop at all railroad-highway crossings, failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment;
    2. For drivers who are not required to stop at all railroad-highway crossings, failing to stop before reaching the crossing if the tracks are not clear;
    3. For drivers who are always required to stop at all railroad-highway crossings, failing to stop before driving onto the crossing;
    4. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
    5. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
    6. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
  9. After suspending, revoking, disqualifying or canceling a commercial driver license, the state licensing authority shall update its records to reflect that action within ten (10) days. After suspending, revoking, disqualifying or canceling a nonresident commercial driver’s privileges, the department shall notify the licensing authority of the state which issued the commercial driver license within ten (10) days.
  10. Before a person is disqualified from driving a commercial motor vehicle under this act, the department shall notify the person and provide an opportunity for a hearing and appeal in accordance with the provisions of W.S. 31-7-105 .
  11. A disqualification under this section does not affect the department’s authority to suspend, revoke, cancel or deny a license under any other law.
  12. Repealed by Laws 2011, ch. 31, § 2.
  13. A person may be disqualified from driving a commercial motor vehicle, or the department may downgrade a person’s commercial driver’s license to a noncommercial driver’s license, if the person fails to provide a current federal medical qualification certificate when requested by the department.
  14. If an applicant for a commercial driver’s license or a commercial learner’s permit has been found to have made a false application or been convicted of making a false application, the applicant may have his commercial driver’s license or commercial learner’s permit cancelled and be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.
  15. Upon the department receiving credible information that the holder of a commercial driver’s license or commercial learner’s permit is suspected of obtaining the license in a fraudulent manner, the state shall notify the license holder in writing at the address on file that they have thirty (30) days to contact the department and schedule retesting. The notification shall specify what tests must be retaken. If the license holder does not contact the department, does not take the test required or fails any rescheduled test, the license holder shall have his license cancelled. Once cancelled, the license holder shall be required to reapply to the department to obtain a commercial driver’s license or commercial learner’s permit.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-111 ; Laws 1993, ch. 145, § 4; 1996, ch. 21, § 1; 2004, ch. 11, § 1; 2005, ch. 230, § 1; 2006, ch. 114, § 1; 2011, ch. 31, §§ 1, 2; 2013 ch. 71, § 1, effective January 1, 2014; 2013 ch. 82, § 1, effective July 1, 2013; 2022 ch. 45, § 1, effective July 1, 2022.

The 2004 amendment, effective July 1, 2004, substituted “motor vehicle” for “commercial motor vehicle” or “commercial vehicle” throughout the section; added (a)(vi), (a)(vii), and present (h); redesignated existing (h) through (k) as present (j) through (m); and added (n).

The 2005 amendment deleted “or” from the end of (a)(v).

Laws 2005, ch. 230, § 13, 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 10, 2005.

The 2006 amendment, substituted “49 U.S.C. § 5101 et seq.” for “(49 U.S.C. §§ 1801-1813)” in (g)(iv).

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 2011 amendment, effective July 1, 2011, added (a)(viii) and (a)(ix); in (g)(i), substituted “one hundred eighty (180) days” for “ninety (90) days”; in (g)(ii), substituted “two (2) years” for “one (1) year”; repealed former (n) which read: “A discharge or dismissal under W.S. 7-13-301 shall not limit the authority of the department to disqualify a driver from operating a commercial vehicle if the discharge or dismissal under W.S. 7-13-301 is from an offense specified in this section and the person has been placed on probation as provided in W.S. 7-13-301(a)”; added (o); and made related changes.

The 2013 amendments. —

The first 2013 amendment, by ch. 71, § 1, effective January 1, 2014, added (p) and (q).

The second 2013 amendment, by ch. 82, § 1, effective July 1, 2013 added “or other on-track equipment” following “approaching train” in (h)(i).

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

The 2022 amendment, effective July 1, 2022, in (d), added the second sentence, added “and 49 C.F.R. § 383.51” at the end of the present third sentence; in the introductory language of (e), substituted “shall” for “may,” added “for life,” deleted “life who uses” at the end; added the (e)(i) designation; added “Using” at the beginning of (e)(i); added (e)(ii); and made related changes.

Editor's notes. —

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

Laws 1993, ch. 145, § 4, renumbered former § 31-17-111 as present § 31-7-305 .

The Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570, referred to in subsection (d), was repealed by P.L. 103-372. For present similar provisions, see 49 U.S.C. § 31100 et seq.

The Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 through 1813, referred to in paragraph (g)(iv), was also repealed by P.L. 103-372. For present similar provisions, see 49 U.S.C. § 5101 et seq.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-7-102(a)(xlix).

Conflicting legislation. —

Laws 2005, ch. 230, § 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.”

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.”

Constitutionality. —

Commercial truck driver's argument that Wyo. Stat. Ann. § 31-7-305(n) violated his equal protection rights by inflicting a greater burden on commercial drivers than non-commercial drivers failed, because the driver conceded that the constitutionality of this section had been upheld in Wilson v. State ex rel. Office of Hearing Exam'r, 841 P.2d 90 (Wyo. 1992), and the driver's briefs included no persuasive argument for revisiting the issue and overturning the prior action. King v. State ex rel. Wyo. DOT, 2007 WY 109, 161 P.3d 1086, 2007 Wyo. LEXIS 116 (Wyo. 2007).

Because a driver's license was not a fundamental right, but a privilege, under Wyo. Stat. Ann. § 31-7-102(a)(xxv), due process was not violated by the utilization of a preponderance of the evidence in commercial driver's license revocation proceedings under this section and Wyo. Stat. Ann. § 31-7-307 . State v. Robbins, 2011 WY 23, 246 P.3d 864, 2011 Wyo. LEXIS 23 (Wyo. 2011).

Implied consent advisements. —

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).

Intentional failure or refusal to perform breath test. —

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).

Existence of probable cause. —

Where a defendant appealed the decision by the Wyoming Department of Transportation to disqualify him from driving a commercial vehicle for one year, there was substantial evidence to support the hearing examiner's findings of fact regarding probable cause for his arrest. Considering the totality of the circumstances, including the results of his field sobriety tests, the moderate smell of alcohol on his breath, his poor balance, and his admission to having consumed alcohol, a state trooper had probable cause to arrest him. McCallie v. DOT, 2014 WY 18, 317 P.3d 1142, 2014 Wyo. LEXIS 18 (Wyo. 2014).

Existence of substantial evidence. —

Where a defendant appealed the decision by the Wyoming Department of Transportation to disqualify him from driving a commercial vehicle for one year, the record contained substantial evidence to support the hearing examiner's findings that, as set forth in Wyo. Stat. Ann. § 31-7-305(a)(ii), defendant was driving or in control of a commercial vehicle and that he had an alcohol concentration of 0.04 percent or more at the time. McCallie v. DOT, 2014 WY 18, 317 P.3d 1142, 2014 Wyo. LEXIS 18 (Wyo. 2014).

§ 31-7-305. Disqualification and cancellation; right to a hearing. [Effective July 1, 2022]

  1. Any person is disqualified from driving a commercial motor vehicle for a period of not less than one (1) year if convicted of a first violation arising from separate incidents of:
    1. Driving or in actual physical control of a motor vehicle under the influence of alcohol or a controlled substance to a degree which renders him incapable of safely driving a motor vehicle;
    2. Driving or in actual physical control of a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or other bodily substance is four one-hundredths of one percent (0.04%) or more;
    3. Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person;
    4. Using a motor vehicle in the commission of any felony;
    5. Refusal to submit to a test to determine the driver’s alcohol concentration while driving or in actual physical control of a motor vehicle;
    6. Driving a commercial vehicle when, as a result of prior convictions, the driver’s driving privileges are cancelled, suspended or revoked, or the driver is disqualified from operating a commercial motor vehicle;
    7. Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to homicide by motor vehicle, negligent homicide, motor vehicle manslaughter or a similar local ordinance or similar state law from another jurisdiction;
    8. Driving or being in actual physical control of a motor vehicle while the alcohol concentration of the person’s blood, breath or other bodily substance is eight one-hundredths of one percent (0.08%) or more; or
    9. Violating any local ordinance or state law in another jurisdiction which is substantially similar to any of the violations listed in this subsection.
  2. If any of the violations provided in subsection (a) of this section occurred while transporting a hazardous material required to be placarded in accordance with 49 C.F.R. §§ 172.500 through 172.558 [49 C.F.R. §§ 172.500 through 172.560], the person is disqualified for a period of not less than three (3) years.
  3. A person may be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (a) of this section or any combination of those offenses arising from two (2) or more separate incidents. Only offenses committed after the effective date of this act apply to this subsection.
  4. The department shall issue regulations establishing guidelines and conditions under which a disqualification for life under subsection (c) of this section may be reduced to a period of not less than ten (10) years. Any person whose disqualification for life has been reduced under this subsection and who is subsequently convicted of another disqualifying offense under subsection (a) of this section shall not be again eligible for a reduction under this subsection. The guidelines and conditions shall be in compliance with the Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570 and 49 C.F.R. § 383.51.
  5. A person shall be disqualified for life from driving a commercial motor vehicle for:
    1. Using a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance;
    2. Using a commercial motor vehicle in the commission of any felony involving human trafficking under W.S. 6-2-702 or 6-2-703 .
  6. A person may be disqualified from driving a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.
  7. A driver who is convicted of violating an out-of-service order may be disqualified for a period of:
    1. Not less than one hundred eighty (180) days nor more than one (1) year if the driver is convicted of a first violation of an out-of-service order;
    2. Not less than two (2) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of two (2) separate violations of out-of-service orders in separate incidents;
    3. Not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents;
    4. Not less than one hundred eighty (180) days nor more than two (2) years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver. A driver is disqualified for a period of not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver.
  8. For offenses specified in this subsection relating to a railroad-highway crossing, a person who holds, or is required to have, a commercial driver’s license is disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of a first offense under this subsection, for a period of one hundred twenty (120) days if convicted of a second offense under this subsection in a separate incident within a three (3) year period, or for a period of one (1) year for a third or subsequent conviction under this subsection within a three (3) year period for driving a commercial motor vehicle in violation of state or local law or regulation pertaining to one (1) of the following offenses at a railroad-highway crossing:
    1. For drivers who are not required to stop at all railroad-highway crossings, failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment;
    2. For drivers who are not required to stop at all railroad-highway crossings, failing to stop before reaching the crossing if the tracks are not clear;
    3. For drivers who are always required to stop at all railroad-highway crossings, failing to stop before driving onto the crossing;
    4. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
    5. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
    6. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
  9. After suspending, revoking, disqualifying or canceling a commercial driver license, the state licensing authority shall update its records to reflect that action within ten (10) days. After suspending, revoking, disqualifying or canceling a nonresident commercial driver’s privileges, the department shall notify the licensing authority of the state which issued the commercial driver license within ten (10) days.
  10. Before a person is disqualified from driving a commercial motor vehicle under this act, the department shall notify the person and provide an opportunity for a hearing and appeal in accordance with the provisions of W.S. 31-7-105 .
  11. A disqualification under this section does not affect the department’s authority to suspend, revoke, cancel or deny a license under any other law.
  12. Repealed by Laws 2011, ch. 31, § 2.
  13. A person may be disqualified from driving a commercial motor vehicle, or the department may downgrade a person’s commercial driver’s license to a noncommercial driver’s license, if the person fails to provide a current federal medical qualification certificate when requested by the department.
  14. If an applicant for a commercial driver’s license or a commercial learner’s permit has been found to have made a false application or been convicted of making a false application, the applicant may have his commercial driver’s license or commercial learner’s permit cancelled and be disqualified from operating a commercial motor vehicle for a period of sixty (60) days.
  15. Upon the department receiving credible information that the holder of a commercial driver’s license or commercial learner’s permit is suspected of obtaining the license in a fraudulent manner, the state shall notify the license holder in writing at the address on file that they have thirty (30) days to contact the department and schedule retesting. The notification shall specify what tests must be retaken. If the license holder does not contact the department, does not take the test required or fails any rescheduled test, the license holder shall have his license cancelled. Once cancelled, the license holder shall be required to reapply to the department to obtain a commercial driver’s license or commercial learner’s permit.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-111 ; Laws 1993, ch. 145, § 4; 1996, ch. 21, § 1; 2004, ch. 11, § 1; 2005, ch. 230, § 1; 2006, ch. 114, § 1; 2011, ch. 31, §§ 1, 2; 2013 ch. 71, § 1, effective January 1, 2014; 2013 ch. 82, § 1, effective July 1, 2013; 2022 ch. 45, § 1, effective July 1, 2022.

§ 31-7-306. Commercial drivers prohibited from operating with any alcohol in system.

  1. Notwithstanding any other provision of this title, a person may not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in his system.
  2. A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system as provided by W.S. 31-7-307 shall be placed out-of-service for twenty-four (24) hours.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-112 ; Laws 1993, ch. 145, § 3; 2011, ch. 178, § 1.

The 2011 amendment, effective July 1, 2011, in (b), deleted “or who refuses to take a test to determine his alcohol concentration” preceding “as provided.”

§ 31-7-307. Implied consent requirements for commercial motor vehicle drivers.

  1. A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent, subject to the provisions of this section to a chemical test or tests of his blood, breath or urine for the purpose of determining alcohol or controlled substance concentration in his blood.
  2. The test or tests shall be administered at the direction of a peace officer, who has probable cause to believe that the driver was driving or in actual physical control of a commercial motor vehicle in this state while having alcohol or a controlled substance in his system. The peace officer who requires a test pursuant to this section may direct that the test shall be of blood, breath or urine. However, if the officer directs that the test be of the person’s blood or urine, the person may choose whether the test shall be of blood or urine. The person has this option unless the peace officer has probable cause to believe there is a controlled substance which is not subject to testing by a blood or breath test in which case a urine test may be required.
  3. For tests required under this section, the person shall be advised that:
    1. Repealed by Laws 2011, ch. 178, § 2.
    2. If the results of the test indicate a blood alcohol concentration of four one-hundredths of one percent (0.04%) or more, it shall result in a disqualification for a period of not less than one (1) year to life;
    3. If the results of the test indicate a blood alcohol concentration of less than four one-hundredths of one percent (0.04%), he shall be placed out-of-service for twenty-four (24) hours;
    4. He may go to the nearest hospital or clinic and secure any or all required tests at his own expense or any remaining required tests shall be administered by a person at a place and in a manner prescribed by and at the expense of the agency employing the peace officer.
  4. Results of tests obtained at the person’s expense shall be made available to the peace officer and the person. Disclosure of the test results by the person administering the test is not a violation of the doctor-patient relationship.
  5. Any person dead, unconscious or otherwise in a condition rendering him incapable of cooperating with the administration of the tests is deemed to have given his consent provided for in this section, and the tests may be administered subject to this section. A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.
  6. If the person refuses testing or is administered a test which discloses an alcohol concentration of four one-hundredths of one percent (0.04%) or more by weight of alcohol in the person’s blood the peace officer shall submit a signed statement to the department. The statement submitted by the officer shall contain:
    1. His probable cause to believe the person was driving or in actual physical control of a commercial vehicle:
      1. In this state;
      2. With alcohol or a controlled substance in his system.
    2. That a test was requested pursuant to this section; and
    3. That the person refused to submit to a test or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent (0.04%) or more.
  7. Upon receipt of the signed statement of a peace officer submitted under subsection (f) of this section, the department shall disqualify the driver from driving a commercial motor vehicle under W.S. 31-7-305 subject to the hearing provision therein.
  8. A timely request for a hearing shall stay the disqualification until the order following the hearing is entered provided the stay of disqualification is effective only so long as there is no disqualification for a similar violation during the hearing and appeal period.
  9. At the conclusion of a hearing, the hearing examiner shall order the disqualification be rescinded or sustained. The scope of the hearing shall be limited to the issues of:
    1. Whether the peace officer had probable cause to believe the person was driving or in actual physical control of a commercial vehicle with alcohol or a controlled substance in his system;
    2. Whether the results of a test indicated there was at least four one-hundredths of one percent (0.04%) of alcohol in the person’s blood; and
    3. Whether the person had been given the advisement required in subsection (c) of this section.
  10. Prehearing discovery available to any party is limited to access to the notice of disqualification, signed statement, and any accompanying documentation submitted by the peace officer. Other types of discovery available under other laws are not available under this section.
  11. If a person under arrest refuses to submit to a chemical test under this section, evidence of the refusal is admissible in any administrative, civil or criminal action or proceeding arising from acts alleged to have been committed while driving or in actual physical control of a commercial vehicle.
  12. W.S. 31-6-102(g), 31-6-104(c), 31-6-105(a), (b) and (e) and 31-6-106 apply to this section.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-113 ; Laws 1993, ch. 145, § 4; 2011, ch. 178, §§ 1, 2.

The 2011 amendment, effective July 1, 2011, repealed former (c)(i), pertaining to failure to submit to chemical tests; substituted “If the results of the test” for “If a test is taken and the results” in (c)(ii) and (c)(iii); in (e), substituted “cooperating with the administration of” for “refusal to submit to,” and added the last two sentences; in the introductory language of (f), substituted “is administered” for “submits to”; and in (j)(ii), substituted “results of a test” for “person refused to submit to a test or if he submitted to a test, the results.”

Editor's notes. —

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

Laws 1993, ch. 145, § 4, renumbered this section, which was former § 31-17-113 .

Constitutionality. —

Because a driver's license was not a fundamental right, but a privilege, under Wyo. Stat. Ann. § 31-7-102(a)(xxv), due process was not violated by the utilization of a preponderance of the evidence in commercial driver's license revocation proceedings under Wyo. Stat. Ann. § 31-7-305 and this section. State v. Robbins, 2011 WY 23, 246 P.3d 864, 2011 Wyo. LEXIS 23 (Wyo. 2011).

Quoted in

McCallie v. DOT, 2014 WY 18, 2014 Wyo. LEXIS 18 (Feb 4, 2014); Dubbelde v. State ex rel. DOT, 2014 WY 63, 2014 Wyo. LEXIS 68 (May 15, 2014).

§ 31-7-308. Notification of traffic convictions.

Within ten (10) days after receiving a report of the conviction of any nonresident holder of a commercial driver’s license for any violation of state or federal law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-114 ; Laws 1993, ch. 145, § 3.

§ 31-7-309. Driving record information to be furnished.

  1. Notwithstanding any other provision of law, the department shall furnish full information regarding the driving record of any person:
    1. To the driver license administrator of any other state or province or territory of Canada requesting the information;
    2. To any employer or prospective employer upon request and payment of the required fee;
    3. To insurers upon request and payment of the required fee;
    4. To a transportation network company to evaluate a prospective transportation network company driver as required by W.S. 31-20-106 upon payment of the required fee.
  2. The department shall determine the amount of the fee prescribed by this section to cover the actual cost of providing the information.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-115; Laws 1993, ch. 145, § 3; 2017 ch. 132, § 2, effective March 3, 2017.

The 2017 amendment added (a)(iv).

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.

§ 31-7-310. Rulemaking authority.

The department shall adopt rules and regulations necessary to carry out the provisions of this article and the requirements of the federal motor carrier safety regulations in title 49, Code of Federal Regulations.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-116; Laws 1993, ch. 145, § 3; 2004, ch. 11, § 1.

The 2004 amendment, effective July 1, 2004, substituted “shall adopt” for “may adopt” and added the language beginning “and the requirements” to the end of the section.

§ 31-7-311. Authority to enter agreements.

The department may make agreements, arrangements or declarations to carry out the provisions of this article specifically, but not limited to certifying third parties to conduct tests of applicants required under this article.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-117; Laws 1993, ch. 145, § 3.

§ 31-7-312. Reciprocity.

Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a commercial driver’s license issued by any state or provinces or territories of Canada in accordance with the minimum federal standards for the issuance of a commercial motor vehicle driver’s license, if the person’s driver’s license is not suspended, revoked or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.

History. Laws 1989, ch. 176, § 1; W.S. 1977, § 31-17-118; Laws 1993, ch. 145, § 3.

§ 31-7-313. Temporary commercial driver license; fees.

If a person has his driving privileges suspended or revoked for a violation committed while driving a noncommercial vehicle the department shall not issue a temporary commercial driver’s license to be used by the person to drive a commercial motor vehicle for the period of the suspension or revocation. The department may issue a noncommercial temporary license as specified in W.S. 31-7-105 if the person is otherwise eligible. The fee for the temporary license shall be the same as for a noncommercial driver’s license under W.S. 31-7-113(a).

History. Laws 1993, ch. 145, § 1; 2004, ch. 11, § 1.

The 2004 amendment, effective July 1, 2004, rewrote the section, which formerly pertained to issuance of a temporary commercial driver's license for employment purposes only.

Article 4. Ignition Interlock Licenses

Effective dates. —

Laws 2006, ch. 82, § 3, makes the act effective July 1, 2006.

§ 31-7-401. Ignition interlock licenses; definitions; administration and enforcement.

  1. For purposes of this article:
    1. “Ignition interlock device” means an alcohol breath screening device connected to the engine’s ignition system, that prevents the vehicle from starting when it detects an alcohol concentration over an established limit. The device shall contain a data logger which retains records of every instance in which the device prevented the engine from starting during the period between recalibrations;
    2. “Ignition interlock service provider” means any person who installs, services, monitors, calibrates or repairs ignition interlock devices and who must be certified by the department to perform such work.
  2. The department shall prescribe reasonable rules and regulations for the certification of ignition interlock devices and ignition interlock service providers and for the calibration and maintenance of ignition interlock devices, which calibration and maintenance shall be the responsibility of an ignition interlock service provider. In addition to other matters necessary for the administration of this article, the rules and regulations shall:
    1. Prohibit any ignition interlocking device from being sold or installed in this state without the device and the ignition interlock service provider being certified by the department;
    2. Require that each ignition interlock service provider provide a reasonable service where such devices may be obtained, repaired, replaced, serviced and calibrated;
    3. Require that every ignition interlock service provider provide monthly reports for each ignition interlocking device data logger;
    4. Require that ignition interlock service providers check, calibrate and service each ignition interlock device installed by that provider at least every sixty (60) days and adopt a reporting requirement should the provider find evidence of tampering;
    5. Require that each ignition interlock service provider retain all data logger records for three (3) years;
    6. Require that each ignition interlock service provider complete certificates of installation and certificates of continuing calibration and servicing, which certificates shall be delivered to the department on a form determined by the department and within a time period set by the department;
    7. Establish procedures under which indigent persons who are required to operate only vehicles equipped with an ignition interlock device may have one-half (1/2) the costs of obtaining and using such device paid from funds made available by the state. A person shall be considered indigent if they are able to produce evidence that they are eligible and qualified to participate in the federal supplemental nutrition assistance program.
  3. The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance of ignition interlock restricted licenses as provided in this article.
  4. The department shall establish a fee chargeable to every person applying for an ignition interlock restricted license. The fee shall compensate the department for all the costs directly associated with operating the ignition interlock program required by this article, but in no event shall the fee exceed one hundred twenty-five dollars ($125.00). The fee shall not be collected from any indigent person who qualifies for the benefits described by paragraph (b)(vii) of this section.
  5. All monies received by the department under subsection (d) of this section shall be deposited into an ignition interlock account. Interest earned on monies in the account shall be credited to the account. All monies in the account including earned interest are continuously appropriated to the department and shall be expended only for the purpose of operating the ignition interlock program required by this article.

History. Laws 2006, ch. 82, § 1; 2009, ch. 160, § 1; 2012, ch. 52, § 1; 2013 ch. 193, § 1, effective July 1, 2013.

The 2009 amendment, effective July 1, 2009, designated the existing provisions beginning with “‘Ignition interlock device’” as (a)(i); in (a)(i), deleted “located inside the vehicle near the driver's seat and” following “breath screening device” and added the second sentence; added (a)(ii); in (b), added the language provision with “and for the calibration” to the end of the first sentence and added the second sentence; and added (b)(i) through (b)(vii).

The 2012 amendment, effective July 1, 2012, added (d) and (e).

The 2013 amendment, effective July 1, 2013, substituted “supplemental nutrition assistance program” for “food stamp program” in (b)(vii).

§ 31-7-402. Issuance of ignition interlock restricted license; eligibility.

  1. A person whose driver’s license has been suspended pursuant to W.S. 31-7-128(b)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, shall apply to the department for an ignition interlock restricted license for the suspension period or other period required by law.
  2. A person whose driver’s license has been revoked pursuant to W.S. 31-7-127(a)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, or who is required to operate only vehicles equipped with an ignition interlock device under W.S. 31-5-233(f)(ii) shall apply to the department for an ignition interlock restricted license for the suspension or revocation period or other period required by law.
  3. An ignition interlock restricted license issued pursuant to subsection (a) or (b) of this section shall entitle the licensee to drive upon the highways of this state during the period his previously issued license is otherwise suspended or revoked or for another period required by law, subject to the following conditions:
    1. The licensee agrees in writing to the terms and conditions of this article;
    2. Ignition interlock devices shall be installed, at the licensee’s expense, by a certified ignition interlock service provider on all motor vehicles the licensee will drive, whether such vehicles are owned by the licensee or not, except that a licensee may operate an employer’s vehicle without an ignition interlock device installed during normal business activities and not used by the licensee for nonbusiness purposes;
    3. and (iv) Repealed by Laws 2009, ch. 160, § 2.
    4. The driver’s license and driving record of any person issued an ignition interlock license shall clearly indicate that the licensee may only operate a motor vehicle equipped with a functioning ignition interlock device;
    5. An applicant for an ignition interlock restricted license shall file and maintain proof of financial responsibility as required by W.S. 31-9-401 through 31-9-414 for the period of the restricted license.
  4. No restricted license may be issued under this article until the department has received a certificate of installation from a certified ignition interlock service provider for every vehicle on which the device must be installed for that licensee under this article.
  5. A person required to apply for an ignition interlock restricted license under subsection (a) or (b) of this section shall not be eligible to receive a driver’s license without an ignition interlock restriction until he has held the ignition interlock license for the period required by law. If a person required to apply for an ignition interlock license resides in another state, the person may meet the ignition interlock license requirement by completing the ignition interlock program in another state for the period required by Wyoming law.
  6. The time during which a person can demonstrate installation and compliance with a department approved ignition interlock device prior to conviction for the same incident shall be credited to the person’s post-conviction ignition interlock restricted license requirements.

History. Laws 2006, ch. 82 § 1; 2009, ch. 160, §§ 1, 2; 2011, ch. 178, § 1; 2019 ch. 49, § 2, effective July 1, 2019.

The 2009 amendment, effective July 1, 2009, in (a) and in (b), inserted “or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device” following “blood alcohol concentration”, substituted “shall apply to the department” for “may apply to the department”, and substituted “other period required by law” for “one (1) year, whichever is greater”; in (c), inserted “or for another period required by law” following “suspended or revoked”; in (c)(ii), substituted “licensee’s expense” for “applicant’s expense”, substituted “service provided” for “installer, and substituted “motor vehicles licensee will drive” for “motor vehicles driven by the applicant”, added the provision beginning with “whether such vehicles” at the end; repealed (c)(iii) and (c)(iv), which dealt with verification of ignition interlock devices; and added (d).

The 2011 amendment, effective July 1, 2011, in (a), deleted “31-6-107(a)(i) or” preceding “31-7-128(b)(ii)”; deleted “or a refusal to comply with a request to submit to a test to determine the person's blood alcohol concentration” following “under the influence of alcohol” in (a) and (b); and in (b), deleted “suspended pursuant to W.S. 31-6-107(a)(ii) or” following “driver's license has been.”

The 2019 amendment, effective July 1, 2019, in (a), deleted “and who has served at least forty-five (45) days of the suspension period” preceding “shall apply to the department” and deleted “the balance of the” preceding “suspension period or other period”; in (b), deleted “and who has served at least forty-five (45) days of the suspension or revocation period” following “with an ignition device”, inserted “or who is required to operate only vehicles equipped with an ignition interlock device under W.S. 31-5-233(f)(ii)” preceding “shall apply to the department,” and deleted “the balance of” preceding “suspension period”; and added (e) and (f).

Editor's notes. —

Laws 2009, ch. 160, §§ 3, 4 provide: “The Wyoming department of transportation is authorized to expend from the highway fund not more than twenty-five thousand dollars ($25,000.00). These funds shall be expended only to pay the costs for indigent persons to obtain and use ignition interlock devices pursuant to the rules and regulations required to be adopted under this act.

“This act shall apply only to persons who become eligible to file an application for a restricted drivers' license under W.S. 31-7-402 , or are required to operate only vehicles equipped with an ignition interlock device, on or after July 1, 2009.”

§ 31-7-403. Suspension or revocation of ignition interlock license.

  1. Subject to the administrative hearing provisions of W.S. 31-7-105 , the department shall suspend a person’s ignition interlock restricted license when the department is notified that:
    1. An ignition interlock device required by this article is no longer installed or functional, except as required for normal repair and maintenance;
    2. The licensee has failed to maintain proof of financial responsibility as required by this article.
  2. A suspension pursuant to subsection (a) of this section shall remain in effect until the licensee provides written evidence that the violation causing the suspension has been cured.
  3. Subject to the administrative hearing provisions of W.S. 31-7-105 , the department may revoke a person’s ignition interlock restricted license when the department is notified that:
    1. The licensee has been convicted of any violation of W.S. 31-7-404 or 31-5-233 ; or
    2. The monthly reports from a licensee’s ignition interlocking device data logger indicate that the licensee is habitually attempting to operate a vehicle while impaired.

History. Laws 2006, ch. 82, § 1; 2009, ch. 160, § 1.

The 2009 amendment, effective July 1, 2009, added (c).

§ 31-7-404. Driving without interlock device.

  1. No person shall drive  any motor vehicle without  a functioning and certified ignition interlock device if:
    1. He is licensed under this article;
    2. He is required to apply for an interlock restricted  license under W.S. 31-7-402(a) or (b); or
    3. His driving privileges have been restricted to operating  vehicles with an interlock device by a court or by operation of law.
  2. No person shall remove or otherwise circumvent an installed ignition interlock device nor blow or solicit another to blow into an ignition interlock device for the purpose of rendering an operable vehicle to a person whose driving privileges have been restricted under this article.
  3. A person who violates subsection (a) or (b) of this section is guilty of a  misdemeanor and shall:
    1. For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation or suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
    2. For a second or subsequent violation of subsection (a) or (b) of this section during the same license period is guilty of a misdemeanor and shall be imprisoned for not less than thirty (30) days nor more than six (6) months and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
    3. Be considered to have been convicted under W.S. 31-5-233 for the purposes of the ignition interlock device requirements of W.S. 31-5-233 (f)(ii) through (v).
  4. A person violating subsection (b) of this section who is not the restricted licensee is guilty of a misdemeanor and shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than six (6) months, or both. Upon a subsequent violation of subsection (b) of this section, the violator shall no longer be eligible for an ignition interlock restricted license should that person ever apply and otherwise be eligible.
  5. The courts of this state shall forward to the department a copy of the record pertaining to the disposition of any arrest or citation for a violation of subsection (a) or (b) of this section within ten (10) days after such record becomes available.
  6. The provisions of subsection (b) of this section shall not apply to any person starting a vehicle when necessary in the interest of safety or for the repair of the device or vehicle nor shall they apply to any ignition interlock service provider while performing his duties as an ignition interlock service provider.

History. Laws 2006, ch. 82, § 1; 2009, ch. 160, § 1; 2017 ch. 172, § 1, effective July 1, 2017; 2019 ch. 49, § 2, effective July 1, 2019.

The 2009 amendment, effective July 1, 2009, substituted “and certified” for “approved” in (a); in (b), deleted “licensed under this article” following “No person” and substituted the provisions beginning with “nor blow or solicit” for “during the period of the ignition interlock restricted license”; in (c), substituted “holding a restricted license under this article who violates” for “violating”, designated the existing provisions beginning with “be imprisoned for not less than seven (7) days” as (c)(i), and designated the provisions beginning with “subsequent violation” as (c)(ii); in (c)(i), added “For a first offense” at the beginning; in (c)(ii), substituted “For a second or” for “A person convicted of a”, and deleted “and shall no longer be eligible for an ignition interlock restricted license” from the end; added (c)(iii); and added (d), (e) and (f).

The 2017 amendment, effective July 1, 2017, at the beginning of (c)(iii) substituted “B” for “Shall.”

The 2019 amendment, effective July 1, 2019, in the introductory language in (a), deleted “licensed under this article” following “No person,” added (a)(i) through (a)(iii), and made related changes; and in (c), deleted “holding a restricted license under this article” preceding “who violates.”

Cited in

Young v. State, 2016 WY 70, 375 P.3d 792, 2016 Wyo. LEXIS 78 (Wyo. 2016).

§ 31-7-405. [Repealed.]

Repealed by Laws 2009, ch. 160, § 2.

Editor's notes. —

This section, which derived from Laws 2006, ch. 82, § 1, related to assisting another in defeating interlock device.

Article 5. 24/7 Licenses

Effective date. —

Laws 2019, ch. 49, § 5(a), makes the act effective July 1, 2019.

§ 31-7-501. 24/7 licenses; definitions; account; administration and enforcement.

  1. For purposes of this article:
    1. “24/7 administrator” means the 24/7 sobriety program director authorized by W.S. 7-13-1710 . In the absence of a 24/7 sobriety program director, the 24/7 administrator shall mean the attorney general or his designee;
    2. “24/7 restricted driver’s license” means a driver’s license issued under W.S. 31-7-109(m);
    3. “24/7 sobriety program” means the program created under W.S. 7-13-1701 through 7-13-1710 ;
    4. “Department” means the Wyoming department of transportation;
    5. “Indigent person” means a person able to produce evidence that he is eligible and qualified to participate in the federal supplemental nutrition assistance program.
  2. The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance and revocation of 24/7 restricted driver’s licenses as provided in this article.
  3. The department shall establish a fee chargeable to every person applying for a 24/7 restricted driver’s license. The fee shall compensate the department for all the costs directly associated with administering 24/7 restricted driver’s licenses required by this article, but in no event shall the fee exceed one hundred twenty-five dollars ($125.00). The fee shall not be collected from any indigent person.
  4. There is created the 24/7 restricted driver’s license account. All monies received by the department under subsection (c) of this section shall be deposited into the 24/7 account. Interest earned on monies in the account shall be credited to the account. All monies in the account including earned interest are continuously appropriated to the department and shall be expended only for the purpose of administering 24/7 restricted driver’s licenses required by this article.

History. 2019 ch. 49, § 1, effective July 1, 2019.

Effective date. —

Laws 2019, ch. 49, § 5(a), makes the act effective July 1, 2019.

Editor's notes. —

Laws 2019, ch. 49, § 4 provides: “On or before July 1, 2019, the department of transportation shall promulgate rules and prescribe forms as required by W.S. 31-7-501(b) as created by section 1 of this act.”

§ 31-7-502. 24/7 restricted license requirements; revocation; penalties.

  1. A person ordered to participate pursuant to W.S. 31-5-233(n) in a 24/7 sobriety program as an alternative to the requirements of W.S. 31-5-233(f)(ii) through (iv) shall not be eligible to receive an unrestricted driver’s license until he has held the 24/7 restricted license for the period required by W.S. 31-5-233(n). The time during which a person can demonstrate enrollment in and compliance with a 24/7 sobriety program prior to conviction for the same incident shall be credited to the person’s post-conviction restricted license requirements under W.S. 31-5-233(n).
  2. If a person ordered to participate in a 24/7 sobriety program, as described in subsection (a) of this section, fails to comply with the requirements of the program or otherwise ceases to participate in the program prior to completing the program, the 24/7 administrator shall immediately notify the department. Upon receiving notice, the department shall immediately revoke the person’s 24/7 restricted driver’s license.
  3. A person whose 24/7 restricted driver’s license is revoked shall apply to the department for an ignition interlock restricted license for the balance of the period required by W.S. 31-5-233(n).
  4. A person whose 24/7 restricted driver’s license is revoked under subsection (b) of this section shall not drive any motor vehicle on the highways of this state unless the person has been issued an ignition interlock restricted license for the balance of the period required by W.S. 31-5-233(f).
  5. A person who violates subsection (d) of this section is guilty of a misdemeanor and shall:
    1. For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);
    2. For a second or subsequent violation of subsection (d) of this section during the same license revocation period, be imprisoned for not less than thirty (30) days nor more than six (6) months, and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).

History. 2019 ch. 49, § 1, effective July 1, 2019.

Effective date. —

Laws 2019, ch. 49, § 5(a), makes the act effective July 1, 2019.

Chapter 8 Identification Cards

Article 1. In General

§ 31-8-101. Issuance to residents by department; restrictions; limited to one state-issued credential; digital identification card; definitions; rulemaking.

  1. Any Wyoming resident may be issued an identification card by the department of transportation if the resident does not possess or surrenders any other state-issued, REAL ID Act or other applicable federal law compliant driver’s license or identification card. The application shall state the registrant’s full legal name, social security number, date of birth and any other identifying data the department may require and shall be signed and verified by the applicant. The identification card shall at the applicant’s request indicate that the applicant is an anatomical organ donor as provided by W.S. 35-5-205 or that the applicant has a medical alert designation as provided for in W.S. 31-7-142 . Before receiving an identification card under this chapter a person who previously has been licensed or issued an identification card in this or any other state but who does not have the credential in their possession shall complete an affidavit of “No License/ID Card in Possession.”
  2. The department shall not issue an identification card until documentary evidence of the applicant’s age and identity has been verified using documents as provided by W.S. 31-7-111 .
  3. An identification card issued under subsection (a) of this section may include a digital identification card. A digital identification card may be issued upon request of a registrant and payment of the required fee. No digital identification card shall be issued unless the applicant holds the corresponding physical identification card or unless the corresponding physical identification card is issued simultaneously. A registrant may display a digital identification card by providing access to the digital identification card on the registrant’s portable electronic device. No law enforcement or judicial officer demanding display of a registrant’s digital identification card for any identification verification purpose shall take custody of the registrant’s portable electronic device. Display of a digital identification card shall not serve as consent to search the registrant’s portable electronic device. A digital identification card shall be designed in accordance with W.S. 31-7-115(d)(i) and (ii). Nothing in this section shall be construed to require a person, other than the department if it has chosen to issue a digital identification card, to accept a digital identification card or otherwise require the purchase of equipment to verify the accuracy of a digital identification card.
  4. As used in this chapter:
    1. “Digital identification card” means a secure, electronic representation of a physical identification card that is stored on the registrant’s portable electronic device and may be viewed or verified by a person to whom access is allowed. A digital identification card is optional to purchase, supplemental to a physical identification card and may be accepted in lieu of a physical identification card at the option of the person requesting or requiring proof of identification;
    2. “Portable electronic device” means as defined in W.S. 31-7-102(a)(li);
    3. “REAL ID Act” means the REAL ID Act of 2005, Public Law 109-13, 119 Stat. 302, enacted May 11, 2005, and subsequent amendments thereto.
  5. The department may promulgate rules to implement the provisions of this chapter.

History. Laws 1973, ch. 9, § 1; W.S. 1957, § 31-276.15; Rev. W.S. 1957, § 31-276.38; Laws 1977, ch. 114, § 2; 1983, ch. 33, § 1; 1985, ch. 234, § 2; 1990, ch. 18, § 2; 1991, ch. 241, § 3; 1998, ch. 91, § 1; 2003, ch. 79, § 2; 2009, ch. 35, § 1; ch. 97, § 2; 2019 ch. 139, § 2, effective January 1, 2020; 2020 ch. 15, § 1, effective July 1, 2020.

Cross references. —

As to validity of tribal identification cards, see § 8-7-101 .

The 2009 amendments. —

The first 2009 amendment, by ch. 35, § 1, effective January 1, 2010, in (a), substituted “registrant's full legal name, social security number, date of birth” for “legal name, correct age”, and “W.S. 35-5-205 ” for “W.S. 35-5-112”; substituted “verified using documents as provided by W.S. 31-7-111 ” for “received” in (b).

The second 2009 amendment, by ch. 97, § 2, effective July 1, 2009, in (a) substituted “W.S. 35-5-205 ” for W.S. 35-5-112.”

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

The 2019 amendment, effective January 1, 2020, added “or that the applicant has a medical alert designation as provided for in W.S. 31-7-142 ” at the end of the last sentence.

The 2020 amendment, effective July 1, 2020, in (a), added “if the resident does not possess or surrenders any other state-issued, REAL ID Act or other applicable federal law compliant driver’s license or identification card” in the first sentence, and added the last sentence; and added (c) through (e).

§ 31-8-102. Contents.

  1. The identification card or digital identification card shall resemble a Wyoming driver’s license or digital driver’s license. It shall have:
    1. A distinguishing number assigned to the registrant;
    2. His full legal name;
    3. His date of birth;
    4. His resident address;
    5. A brief description including sex, height and weight;
    6. The registrant’s full facial digital color photograph;
    7. The following: “State of Wyoming” — “Identification Card No.  . . . . . ” — “This card is provided solely for the purpose of identification of the person described on the card;
    8. The designations as provided for in W.S. 31-7-139 , 31-7-141 and 31-7-142 ; and
    9. The registrant’s usual signature unless the registrant is unable to make a signature.

History. Laws 1973, ch. 9, § 1; W.S. 1957, § 31-276.16; Rev. W.S. 1957, § 31-276.39; Laws 1983, ch. 33, § 1; 1985, ch. 234, § 2; 2000, ch. 83, § 1; 2009, ch. 35, § 1; 2020 ch. 15, § 1, effective July 1, 2020; 2020 ch. 87, § 1, effective July 1, 2020.

The 2009 amendment, effective January 1, 2010, substituted “full facial digital color photograph” for “picture” in (a)(vi); added (a)(ix); and made related changes.

The 2020 amendments. — The first 2020 amendment, by ch. 15, § 1, effective July 1, 2020, in the introductory language of (a) added “or digital identification card” following “The identification card” and added “or digital driver’s license” following “Wyoming driver’s license.”

The second 2020 amendment, by ch. 87, § 1, effective July 1, 2020, in (a)(viii) added “The designations” at the beginning and substituted “W.S. 31-7-139 , 31-7-141 and 31-7-142 ” for “W.S. 31-7-139 .”

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.

§ 31-8-103. Expiration; records; new cards.

  1. Identification cards shall expire on the registrant’s birthday in the eighth year following issuance of the identification card. The department shall keep records of data contained in identification cards.
  2. If an identification card is lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence as for an original identification card.
  3. If any information  contained in the identification card becomes inaccurate, or if it  is desired to withdraw or insert notice of anatomical organ donation or a medical alert designation, the person  to whom it was issued may obtain a new card upon:
    1. Advising the  department of his desire to withdraw or insert notice of an anatomical  organ donation or a medical alert designation or furnishing proof of the inaccuracies to the department;
    2. Furnishing all documentary evidence necessary to verify any material change to information listed on the original identification card; and
    3. Surrendering the original identification card.
  4. The division shall send a notification for an identification card to the last known address of every eligible registrant, or notify by electronic means if the eligible registrant has consented to receive notices electronically, within one hundred twenty (120) days prior to expiration of the registrant’s identification card. The notification shall conspicuously advise registrants of the requirement that in person voters present acceptable identification immediately before voting at the polling place or absentee polling place and that an identification card is a form of acceptable identification. Every identification card is renewable upon application and payment of the required fee. As used in this section, “last known address” means the address, email address or other electronic contact information, as applicable according to the sending method, on file with the division.

History. Laws 1973, ch. 9, § 1; W.S. 1957, § 31-276.17; Rev. W.S. 1957, § 31-276.40; Laws 1977, ch. 114, § 2; 1983, ch. 33, § 1; 1985, ch. 234, § 2; 2009, ch. 35, § 1; 2019 ch. 139, § 2, effective January 1, 2020; 2020 ch. 15, § 1, effective July 1, 2020; 2021 ch. 114, § 1, effective July 1, 2021.

The 2009 amendment, effective January 1, 2010, substituted “expire on the registrant's birthday in the eighth year following issuance of the identification card” for “not expire” in (a); substituted “all documentary evidence necessary to verify any material change to information listed on the” for “the same documentary evidence as for an” in (c)(ii); and added (d).

The 2019 amendment, effective January 1, 2020, in the introductory language in (c) and (c)(i), added “or a medical alert designation” following “organ donation.”

The 2020 amendment, effective July 1, 2020, in (d), substituted “a notification” for “an application” following “The division shall send,” added “, or notify by electronic means if the eligible registrant has consented to receive notices electronically,” preceding “within one hundred twenty (120) days,” and added the last sentence.

The 2021 amendment, effective July 1, 2021, added the second sentence in (d).

§ 31-8-104. Fees.

Every applicant for an identification card shall pay ten dollars ($10.00) to the department plus an additional ten dollars ($10.00) for a digital identification card if applicable. This fee shall be waived if the applicant requests an identification card that shall be used only for voter identification purposes. The state treasurer shall credit identification card fees to the highway fund. Identification cards, including digital identification cards, issued as a result of the cancellation of a license under W.S. 31-7-122(a)(i) shall be issued without payment of any fee.

History. Laws 1973, ch. 9, § 1; W.S. 1957, § 31-276.18; Rev. W.S. 1957, § 31-276.41; Laws 1983, ch. 33, § 1; 1985, ch. 234, § 2; 1993, ch. 136, § 1; 2009, ch. 35, § 1; 2020 ch. 15, § 1, effective July 1, 2020; 2021 ch. 114, § 1, effective July 1, 2021.

The 2009 amendment, effective January 1, 2010, added the last sentence.

The 2020 amendment, effective July 1, 2020, added “plus an additional ten dollars ($10.00) for a digital identification card if applicable” in the first sentence and added “, including digital identification cards,” following “Identification cards” in the third sentence.

The 2021 amendment, effective July 1, 2021, added the second sentence.

§ 31-8-105. Prohibited acts; penalties.

  1. No person shall:
    1. Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card;
    2. Lend his identification card to any other person or knowingly permit its use by another;
    3. Display or represent any identification card not issued to him as being his card;
    4. Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card. Possession and display of a digital identification card shall not be considered a violation of this section;
    5. Procure an identification card by false swearing, fraud or false statement of any kind or in any form.
  2. Any person who violates any provision of subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.

History. Laws 1973, ch. 9, § 1; W.S. 1957, § 31-276.19; Rev. W.S. 1957, § 31-276.42; Laws 1985, ch. 234, § 2; 2020 ch. 15, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, in (a)(iv) added the last sentence.

Article 2. Insurance Identification Cards

§ 31-8-201. Issuance of identification card by insurers; information.

  1. Each insurer issuing the insurance policy required by W.S. 31-4-103 shall at the same time issue for each vehicle insured under the policy the identification card required under this section or issue temporary evidence of insurance valid for up to sixty (60) days after issue and issue the identification card required under this section within sixty (60) days. The identification card or valid temporary evidence of insurance shall be carried in the vehicle at all times. Temporary evidence of insurance shall contain:
    1. The name of the insurer;
    2. The name of the insured;
    3. A description of the vehicle including year, trade name and vehicle identification number.
  2. The identification card shall be in a form prescribed by the department and shall contain at least the following information:
    1. The name of the insurer;
    2. The name of the insured;
    3. The effective date of the coverage; and
    4. A description of the vehicle including year, trade name and vehicle identification number.
  3. The identification card prescribed by this section may be carried by the insured in an electronic format if:
    1. The insured and the insurer both agree to the issuance of the card in electronic format; and
    2. The electronic identification card contains the information required by this section.

History. Laws 1991, ch. 256, § 1; 2013 ch. 120, § 1, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, added (c).

§ 31-8-202. Prohibited acts; penalty.

  1. No person shall:
    1. Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained card;
    2. Lend his identification card to another person for a fraudulent purpose;
    3. Display or represent any identification card not issued to him as being his card.
  2. Any person who is convicted of violating this section, in addition to any other applicable penalty under W.S. 31-4-103 , may be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.

History. Laws 1991, ch. 256, § 1.

§ 31-8-203. Verification of insurance; enforcement by insurance commissioner.

  1. If the department has reason to believe a vehicle owner is not insured as required under W.S. 31-4-103 , it may request an insurer to verify the existence of an automobile liability policy in a form approved by the department not later than twenty (20) days from the date the request is made. In addition, insurers shall cooperate with the department in establishing and maintaining the insurance verification system provided by W.S. 31-4-103 (e), and shall provide access to motor vehicle insurance policy status information as provided in the department’s rules and regulations.
  2. The insurance commissioner may order insurers to comply with W.S. 31-8-201 , rules and regulations promulgated by the department under W.S. 31-8-201 and this section.

History. Laws 1991, ch. 256, § 1; 2006, ch. 54, § 1.

The 2006 amendment, effective July 1, 2006, in (a), deleted the former second sentence concerning W.S. 31-8-201 through 31-8-203 being construed, and added the present second sentence.

Appropriations. —

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

Chapter 9 Motor Vehicle Safety Responsibility

Chapter constitutional. —

In view of the almost unanimous decisions in state courts upholding financial responsibility laws like Wyoming's and in the absence of any authority to contradict what was said in Reitz v. Mealey, 314 U.S. 33, 62 S. Ct. 24, 86 L. Ed. 21, 1941 U.S. LEXIS 1146 (1941), that financial responsibility acts of states are a valid exercise of the police powers of a state, an appellant cannot claim to make a clear showing of unconstitutionality with respect to this chapter. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Hearing before division not essential for due process. —

The legislature has not seen fit to require a hearing before the superintendent (now division) under this chapter. Such a provision is not essential for due process in the proceedings. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Chapter establishes limits of liability. —

In Wyoming, the “limits of liability required by law” are established by this chapter. 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).

Chapter penal in nature and strictly construed. —

This chapter is a penal statute. The rule of strict construction therefore applies. Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (Wyo. 1950).

Cited in

Department of Revenue & Taxation v. Irvine, 589 P.2d 1295, 1979 Wyo. LEXIS 358 (Wyo. 1979).

Law reviews. —

For note, “Administration of the Wyoming Financial Responsibility Act,” see 5 Wyo. L.J. 84.

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 190 to 198.

Joinder of insurer and insured under policy of compulsory indemnity or liability insurance in action by injured third person, 20 ALR2d 1097.

Liability of insurer, under compulsory statutory vehicle liability policy, to injured third persons, notwithstanding insured's failure to comply with policy conditions, as measured by policy limits or by limits of financial responsibility act, 29 ALR2d 817.

Failure to give notice or other lack of cooperation by insured as defense to action against compulsory liability insurer by injured member of the public, 31 ALR2d 645.

Constitutionality of statute which makes proof of financial responsibility condition of granting registration or license, 35 ALR2d 1011; 2 ALR5th 725.

Rescission or avoidance, for fraud or misrepresentation, of compulsory, financial responsibility or assigned risk automobile insurance, 83 ALR2d 1104.

Governmental vehicles or their operators, 87 ALR2d 1224.

Operator's liability policy issued in compliance with financial responsibility statute, 88 ALR2d 995.

Policy provision extending coverage to comply with financial responsibility act as applicable to insured's first accident, 8 ALR3d 388.

Extraterritorial application of statute permitting injured person to maintain direct action against tortfeasor's automobile liability insurer, 83 ALR3d 338.

60 C.J.S. Motor Vehicles § 223.

Article 1. In General

Law reviews. —

For article, “The Wyoming Uninsured Motorist Act: A Regulatory Reconciliation of Mandated Coverages with the Standard Uninsured Motorist Endorsement,” see XI Land & Water L. Rev. 213 (1976).

§ 31-9-101. Short title.

This act may be cited as the “Motor Vehicle Safety-Responsibility Act”.

History. Laws 1947, ch. 160, § 40; C.S. 1945, § 60-1540; W.S. 1957, § 31-277; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 31-9-102(a)(xiv).

§ 31-9-102. Definitions.

  1. As used in this act:
    1. Repealed by Laws 1991, ch. 241, § 4.
    2. “Driver” means as defined by W.S. 31-5-102(a);
    3. “Division” means the division within the department of transportation charged with administration and enforcement of this act;
    4. “Judgment” means any judgment that is final without further appeal. The judgment shall have been rendered by a court of competent jurisdiction of any state or of the United States. The cause of action shall result from damages occurring from a motor vehicle accident and may relate to bodily injury or death of person, or to damage or to loss of property;
    5. “License” means any driver’s license, instruction permit or temporary license issued under the laws of this state pertaining to the licensing of drivers;
    6. “Motor vehicle” means as defined by W.S. 31-5-102(a);
    7. “Nonresident” means every person who is not a resident of this state;
    8. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this state;
    9. “Operator” means every person who is in actual physical control of a motor vehicle;
    10. “Owner” means as defined by W.S. 31-5-102(a);
    11. “Proof of financial responsibility” means evidence of ability to respond in damages for liability, resulting from accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident;
    12. “Registration” means registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles;
    13. “State” means any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada;
    14. “This act” means W.S. 31-9-101 through 31-9-415 .

History. Laws 1947, ch. 160, § 1; C.S. 1945, § 60-1501; Laws 1957, ch. 231, §§ 1, 2; W.S. 1957, § 31-278; Laws 1961, ch. 165, § 1; 1985, ch. 234, § 2; 1991, ch. 241, §§ 3, 4; 2000, ch. 48, § 2.

Cross references. —

As to registration of motor vehicles, see § 31-2-201 et seq.

As to driver's licenses, see chapter 7 of this title.

Editor's notes. —

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

Applied in

Allstate Ins. Co. v. Wyoming Ins. Dep't, 672 P.2d 810, 1983 Wyo. LEXIS 387 (Wyo. 1983); Farmers Ins. Exch. v. Williams, 823 F. Supp. 927, 1992 U.S. Dist. LEXIS 21353 (D. Wyo. 1992).

Quoted in

Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (1950); Ramsour v. Grange Ins. Ass'n, 541 P.2d 35, 1975 Wyo. LEXIS 168 (Wyo. 1975); Ulrich v. United Servs. Auto. Ass'n, 839 P.2d 942, 1992 Wyo. LEXIS 140 (Wyo. 1992); Pribble v. State Farm Mut. Auto. Ins. Co., 933 P.2d 1108, 1997 Wyo. LEXIS 39 (Wyo. 1997).

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

What constitutes ownership of automobile within meaning of automobile insurance owner's policy, 36 ALR4th 7.

Construction and application of statute imposing liability expressly upon motor vehicle lessor for damage caused by operation of vehicle, 41 ALR4th 993.

What constitutes use of automobile “to carry persons or property for fee” within exclusion of automobile insurance policy, 57 ALR5th 591.

§ 31-9-103. Administration; administrative review.

  1. The administration of this act shall be exercised by the department of transportation which may prescribe forms and reasonable rules and regulations in conformity with this act. The administration of this act may be delegated by the department to the division.
  2. W.S. 31-7-105 and 31-7-130 apply to all suspensions under this act.

History. Laws 1947, ch. 160, § 2; C.S. 1945, § 60-1502; Laws 1957, ch. 231, § 3; W.S. 1957, § 31-279; Laws 1985, ch. 234, § 2; 1989, ch. 173, § 1; 1991, ch. 241, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-9-102(a)(xiv).

Superintendent (now division) may grant a hearing, in his discretion, if and when a need therefor has been shown. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Suspension of license and registration reviewable on merits.—

The district court has jurisdiction to review on the merits the action of the superintendent (now division) in suspending a driver's license, registration certificate and license plates on the ground that the driver has been involved in an accident and has failed to furnish proof of financial responsibility, where the driver in his petition alleges facts showing that he was not at fault in the accident and that the driver of the other vehicle involved had stated that he did not want damages and had promised to sign a release. Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (Wyo. 1950).

Determination not binding on other driver not party to proceedings.—

A review on the merits by a district court is proper in connection with the superintendent's (now division's) action in suspending a license. However, a determination in such a review that the superintendent's (now division's) action was unauthorized is not binding on the driver of the other automobile involved in the collision, where he is not a party to the review proceedings. Wyoming Dep't of Revenue v. Wilson, 401 P.2d 960, 1965 Wyo. LEXIS 141 (Wyo. 1965).

Cited in

Diefenderfer v. Budd, 563 P.2d 1355, 1977 Wyo. LEXIS 238 (Wyo. 1977); Ulrich v. United Servs. Auto. Ass'n, 839 P.2d 942, 1992 Wyo. LEXIS 140 (Wyo. 1992).

§ 31-9-104. Disclosure of driving record.

The department shall adopt rules and regulations concerning disclosure of the driving record of any person subject to this act.

History. Laws 1947, ch. 160, § 3; C.S. 1945, § 60-1503; W.S. 1957, § 31-280; Laws 1985, ch. 234, § 2; 1991, ch. 241, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-9-102(a)(xiv).

§ 31-9-105. Return of license and registration to division.

Any person whose license or registration is suspended under this act, or whose policy of insurance or bond, when required under this act, is cancelled or terminated, or who neglects to furnish other proof upon request of the division shall immediately return his license and registration to the division. If any person fails to return to the division the license or registration as required, the division shall direct any peace officer to confiscate and return the license or registration to the division.

History. Laws 1947, ch. 160, § 31; C.S. 1945, § 60-1531; W.S. 1957, § 31-281; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in the first sentence, see § 31-9-102(a)(xiv).

§ 31-9-106. General penalties.

  1. Any person willfully failing to return a license or registration as required in W.S. 31-9-105 shall be fined not more than seven hundred fifty dollars ($750.00).
  2. Any person who forges or, without authority, signs any notice provided for under W.S. 31-9-202 that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any notice or evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than six (6) months, or both.
  3. Any person who violates any provision of this act for which no penalty is otherwise provided shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than ninety (90) days, or both.

History. Laws 1947, ch. 160, § 32; C.S. 1945, § 60-1532; W.S. 1957, § 31-283; Laws 1959, ch. 75, § 1; W.S. 1977, § 31-9-107 ; Laws 1985, ch. 107, § 2; ch. 234, § 2; 2020 ch. 96, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, in (a) deleted “imprisoned not more than thirty (30) days, or both” at the end and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-9-102(a)(xiv).

Chapter penal in nature and strictly construed. —

As a result of this section, this chapter is a penal statute. The rule of strict construction therefore applies. Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (Wyo. 1950).

§ 31-9-107. Government motor vehicles.

This act does not apply with respect to any motor vehicle owned by the United States, this state or any political subdivision of this state.

History. Laws 1947, ch. 160, § 33; C.S. 1945, § 60-1533; Laws 1955, ch. 13, § 1; W.S. 1957, § 31-284; W.S. 1977, § 31-9-108 ; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 31-9-102(a)(xiv).

§ 31-9-108. Other lawful processes.

Nothing in this act shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.

History. Laws 1947, ch. 160, § 37; C.S. 1945, § 60-1537; W.S. 1957, § 31-286; W.S. 1977, § 31-9-110 ; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-9-102(a)(xiv).

Suspension of license and registration reviewable on merits.—

The district court has jurisdiction to review on the merits the action of the superintendent (now division) in suspending a driver's license, registration certificate and license plates on the ground that the driver has been involved in an accident and has failed to furnish proof of financial responsibility, where the driver in his petition alleges facts showing that he was not at fault in the accident, and that the driver of the other vehicle involved had stated that he did not want damages and had promised to sign a release. Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (Wyo. 1950).

§ 31-9-109. Uniformity of laws.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

History. Laws 1947, ch. 160, § 38; C.S. 1945, § 60-1538; W.S. 1957, § 31-287; W.S. 1977, § 31-9-111; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 31-9-102(a)(xiv).

Severability. —

Laws 1947, ch. 160, § 39, provides: “If any part or parts of this act shall be held unconstitutional, such unconstitutionality shall not effect [affect] the validity of the remaining parts of this act. The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.”

§ 31-9-110. Providing proof of financial responsibility.

For purposes of this act, a person shall be considered to have provided and filed proof of financial responsibility whenever a search of the online insurance verification system or other verification system provides proof of financial responsibility.

History. 2013 ch. 102, § 1, effective July 1, 2013.

Effective dates. —

Laws 2013, ch. 102, § 4, makes the act effective July 1, 2013.

Article 2. Accident Report; Suspension of License and Registrations Generally

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.

Instructions on “unavoidable accident,” “mere accident,” or the like, in motor vehicle cases—modern cases, 21 ALR5th 82.

§ 31-9-201. [Repealed.]

Repealed by Laws 1989, ch. 173, § 2.

Editor's notes. —

This section, which derived from Laws 1947, ch. 160, § 4, concerned the reporting of accidents by drivers or owners of vehicles.

§ 31-9-202. Suspension of license and registration after accident report; exclusions and security requirements.

  1. Within thirty (30) days after receipt of an investigating officer’s report of a motor vehicle accident within this state as required under W.S. 31-5-1106 through 31-5-1108 or after a demand for additional security under W.S. 31-9-207(b), the division shall with respect to each driver and motor vehicle involved in the accident, and except as provided in subsection (b) of this section, suspend:
    1. The Wyoming driver’s license of each driver of a motor vehicle required to be registered in this state;
    2. All Wyoming registrations of each owner whose motor vehicle is required to be registered in this state;
    3. The nonresident driving privilege of each driver of a motor vehicle required to be registered in this state; and
    4. The nonresident driving privilege of each owner of a motor vehicle required to be registered in this state.
  2. The suspension in subsection (a) of this section shall be imposed unless the driver, the owner or both file proof of financial responsibility.
  3. This section does not apply to:
    1. An owner if the owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident;
    2. The driver, if not the owner of the motor vehicle, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;
    3. The driver or owner whose liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or surety bond;
    4. Any person qualifying as a self-insurer under W.S. 31-9-414 ; or
    5. The owner or driver, if a personal surety bond is filed with the division in an amount required by the division under this act with at least two (2) individual sureties each owning real estate within the state, which real estate shall be scheduled in the bond to be approved by a judge of the district court.
  4. No insurance policy or surety bond is effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if the motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond is not effective under this section unless the insurance company or surety company if not authorized to do business in this state executes a power of attorney authorizing the division to accept service on its behalf of notice or process in any action upon the policy or bond arising out of the accident. Every policy or bond shall be subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, to a limit of not less than fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident.
  5. Upon receipt of notice of the accident, the insurance company or surety company which issued the policy or bond shall furnish for filing with the division a written notice that the policy or bond was in effect at the time of the accident. This subsection does not apply to any person holding a motor carrier permit or certificate under W.S. 31-18-209 who furnishes proof of financial responsibility by filing a certificate of insurance under W.S. 31-9-402(a)(i) or a bond under W.S. 31-9-402(a)(ii) if the certificate or bond:
    1. Is a continuing certificate or bond;
    2. Remains in full force and effect until cancelled; and
    3. May not be cancelled until notice in writing of the cancellation has been on file with the division for thirty (30) days.

History. Laws 1947, ch. 160, § 5; C.S. 1945, § 60-1505; Laws 1957, ch. 84, § 1; W.S. 1957, § 31-289; Laws 1961, ch. 165, § 2; 1971, ch. 69, § 4; 1985, ch. 234, § 2; 1989, ch. 173, § 1; 2000, ch. 48, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c)(v), see § 31-9-102(a)(xiv).

Insurer not required to file certificate of financial responsibility.—

Neither § 31-9-403 nor this section requires the insuring company to file a certificate of proof of financial responsibility. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Appropriate for state to allow licensee to be own insurer.—

It is appropriate and reasonable for a state to require insurance or its equivalent as a condition for the issuance of a license, and it follows that it is all the more appropriate and reasonable for a state to allow a licensee to be his own insurer, upon the condition that he is prepared to show financial responsibility or the equivalent of insurance when the need therefor arises by reason of an accident in connection with which a judgment might be obtained against the licensee. And, of course, it is appropriate and reasonable for a license and registration to be suspended if the licensee fails to show such financial responsibility after an accident in connection with which a judgment might be obtained against him. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Division determines necessary security following accident,but not liability of owner. —

The superintendent (now division) is not called upon to determine whether there is liability on the part of an owner before he can suspend his registrations. He (It) does, however, determine what security shall be sufficient to satisfy any judgment which may be recovered against the owner, and this necessarily calls for the exercise of a discretion commensurate with the circumstances involved. Wyoming Dep't of Revenue v. Wilson, 401 P.2d 960, 1965 Wyo. LEXIS 141 (Wyo. 1965).

Superintendent (now division) determines amount of security deposit upon basis of reports or other evidence submitted to it. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

And, in so determining, must consider culpability. —

The superintendent (now division) cannot escape his (its) duty and responsibility under this section and § 31-9-207 to make a reasonable and proper determination of the amount of security that should be required to satisfy any judgment or judgments which might be recovered, and, in so determining, consider the matter of culpability. This determination is based upon an interpretation of the pertinent statutes, having in mind decisions in other jurisdictions dealing with motor vehicle safety-responsibility acts. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Division not obligated to deal with intricate legal problems.—

The superintendent (now division) does not have a duty, in determining the amount of security deposit, to make judgments based upon conflicting evidence and to deal with such legal problems as contributory negligence, the application of the last clear chance doctrine, and other intricate legal problems which can best be dealt with by the court. However, the superintendent (now division) should consider all of the facts presented to him (it) by way of accident reports, the reports of investigating officers, and other evidence submitted to him (it), and where that evidence would indicate that there is a lack of culpability on the part of the driver or drivers, the superintendent (now division) should not, under those conditions, suspend the operator's license or the automobile registration of the person or persons involved. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Parent's registrations may not be suspended for child's accident.—

Since a parent is not liable for the negligence of his child in driving his automobile, the superintendent (now division) is without authority to suspend the registrations of all motor vehicles owned by the parent until he posts security sufficient to satisfy any judgments arising from an accident caused by the child. Wyoming Dep't of Revenue v. Wilson, 400 P.2d 144, 1965 Wyo. LEXIS 133 (Wyo.), reh'g denied, 401 P.2d 960, 1965 Wyo. LEXIS 141 (Wyo. 1965).

License suspension unlawful where driver not faulted, no injuries,and no damages claimed. —

The action of the superintendent (now division) in suspending a license on the basis of a reported accident is not lawful where the driver is not at fault in the accident, no personal injuries are involved, and the other driver does not want any money for the amount of property damage involved. Tavegia v. Bromley, 67 Wyo. 93, 214 P.2d 975, 1950 Wyo. LEXIS 7 (Wyo. 1950).

Appeal from security amount governed by Administrative ProcedureAct. —

Any appeal from the determination of the amount of security to be deposited is governed by the Administrative Procedure Act (chapter 3 of title 16). Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Cited in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969); Ulrich v. United Servs. Auto. Ass'n, 839 P.2d 942, 1992 Wyo. LEXIS 140 (Wyo. 1992).

§ 31-9-203. Exceptions to W.S. 31-9-202.

  1. The requirements as to security and suspension in W.S. 31-9-202 shall not apply:
    1. To the driver or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner;
    2. To the driver or the owner of a motor vehicle legally parked at the time of the accident;
    3. To the owner of a motor vehicle if at the time of the accident the vehicle was being driven without his permission, express or implied, or was parked by a person who had been driving the motor vehicle without permission;
    4. If, prior to the date that the division would otherwise suspend license and registration or nonresident’s operating privilege under W.S. 31-9-202 , there shall be filed with the division satisfactory evidence that the person who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a warrant for confession of judgment, payable in installments as the parties have agreed, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

History. Laws 1947, ch. 160, § 6; C.S. 1945, § 60-1506; W.S. 1957, § 31-290; Laws 1985, ch. 234, § 2.

Editor's notes. —

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

§ 31-9-204. Reciprocal suspension of nonresidents' operating privileges and residents' licenses; notice to and from other states.

  1. When a nonresident’s operating privilege is suspended pursuant to W.S. 31-9-202 , the division shall transmit a certified copy of the record of the action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of the other state provides for action in relation thereto similar to that provided for in subsection (b) of this section.
  2. Upon receipt of certification that the driving privilege of a resident of this state has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, or for failure to deposit both security and proof of financial responsibility, under circumstances which would require the division to suspend a nonresident’s operating privilege had the accident occurred in this state, the division shall suspend the license of the resident and all of his registrations. Suspension shall continue until the resident furnishes evidence of his compliance with the law of the other state relating to the deposit of security and until the resident files proof of financial responsibility if required by the law.

History. Laws 1963, ch. 14, § 1; W.S. 1957, § 31-290.1; Laws 1985, ch. 234, § 2.

§ 31-9-205. Requirements for release of suspension.

  1. The license and registration and nonresident’s operating privilege suspended as provided in W.S. 31-9-202 shall not be renewed nor shall any license or registration be issued to the person until:
    1. The person deposits or there shall be deposited on his behalf the security required under W.S. 31-9-202 ; or
    2. One (1) year has elapsed following the date of the accident and satisfactory evidence has been filed with the division that during the period no action for damages arising out of the accident has been instituted; or
    3. Satisfactory evidence has been filed with the division of a release from liability, a final adjudication of nonliability, a warrant for confession of judgment or an acknowledged written agreement, in accordance with W.S. 31-9-203(a)(iv). If there is any default in the payment of any installment under any confession of judgment, then, upon notice of default, the division shall suspend the license and registration or nonresident’s operating privilege of the person defaulting which shall not be restored until the entire amount provided for in the confession of judgment is paid. If there is any default in the payment of any installment under any acknowledged written agreement, then, upon notice of default, the division shall forthwith suspend the license and registration or nonresident’s operating privilege of the person defaulting which shall not be restored until:
      1. The person deposits and thereafter maintains security as required under W.S. 31-9-202 in such amount as the division determines; or
      2. One (1) year has elapsed following the date when the security was required and during the period no action upon the agreement was instituted in a court in this state.

History. Laws 1947, ch. 160, § 7; C.S. 1945, § 60-1507; W.S. 1957, § 31-291; Laws 1985, ch. 234, § 2.

Editor's notes. —

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

Law reviews. —

For article, “The Wyoming Uninsured Motorist Act: A Regulatory Reconciliation of Mandated Coverages with the Standard Uninsured Motorist Endorsement,” see XI Land & Water L. Rev. 213 (1976).

§ 31-9-206. Unlicensed driver or unregistered motor vehicle in accident.

If the driver or the owner of a motor vehicle involved in an accident within this state has no license or registration, he shall not be allowed a license or registration until he has complied with the requirements of W.S. 31-9-202 , 31-9-203 and 31-9-205 through 31-9-209 to the same extent that would be necessary if, at the time of the accident, he had held a license and registration.

History. Laws 1947, ch. 160, § 8; C.S. 1945, § 60-1508; W.S. 1957, § 31-292; Laws 1985, ch. 234, § 2.

§ 31-9-207. Form and amount of security; reduction or increase.

  1. The security required under W.S. 31-9-202 , 31-9-203 and 31-9-205 through 31-9-209 shall be in such form and in such amount as the division may require but in no case in excess of the limits specified in W.S. 31-9-202 . The person depositing security shall specify in writing the person on whose behalf the deposit is made and, at any time while the deposit is in the custody of the division or state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons. A single deposit of security is applicable only on behalf of persons required to furnish security because of the same accident.
  2. The division may reduce or increase the amount of security ordered in any case within six (6) months after the date of the accident if, in its judgment, the amount ordered is excessive or insufficient. If the security originally ordered has been deposited the excess deposited over the reduced amount ordered shall be returned to the depositor or his personal representative forthwith, notwithstanding W.S. 31-9-208 .

History. Laws 1947, ch. 160, § 9; C.S. 1945, § 60-1609; W.S. 1957, § 31-293; Laws 1985, ch. 234, § 2; 1989, ch. 173, § 1.

Superintendent (now division) may grant a hearing, in his (its) discretion, if and when a need therefor has been shown. This section authorizes the superintendent (now division) to reduce the amount of security after six months if he then considers the amount excessive. This helps to verify that the superintendent (now division) has a judgment and discretion to exercise at all times. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

§ 31-9-208. Disposition of security; judgments payable therefrom; return of balance.

Security deposited in compliance with the requirements of W.S. 31-9-202 , 31-9-203 and 31-9-205 through 31-9-209 shall be placed by the division in an account maintained for the purposes of this section and shall be applicable only to the payment of a judgment rendered against the person on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than one (1) year after date of the accident, or within one (1) year after the date of deposit of any security under W.S. 31-9-205 (a)(iii), and any balance thereof shall be returned to the depositor or his personal representative when satisfactory evidence has been filed with the division that there has been a release from liability, a final adjudication of nonliability, a warrant for confession of judgment or an acknowledged agreement, in accordance with W.S. 31-9-203 (a)(iv), or whenever, after the expiration of one (1) year from the date of the accident, or within one (1) year after the date of deposit of any security, W.S. 31-9-205(a)(iii), the division is given reasonable evidence that there is no action pending and no judgment rendered in any action left unpaid.

History. Laws 1947, ch. 160,§ 10; C.S. 1945, § 60-1610; W.S. 1957, § 31-294; Laws 1985, ch. 234,§ 2; 2015 ch. 12, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, substituted “an account maintained for the purposes of this section” for “the custody of the state treasurer” near the beginning of the section.

§ 31-9-209. Evidence of negligence.

Neither the reports required by W.S. 31-5-1106 through 31-5-1108 , the action taken by the division pursuant to W.S. 31-9-202 , 31-9-203 and 31-9-205 through 31-9-209 , the findings, if any, of the division upon which the action is based, nor the security filed as provided in W.S. 31-9-202 , 31-9-203 and 31-9-205 through 31-9-209 shall be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

History. Laws 1947, ch. 160, § 11; C.S. 1945, § 60-1611; W.S. 1957, § 31-295; Laws 1985, ch. 234, § 2; 1989, ch. 173, § 1.

Cross references. —

As to confidentiality of accident reports, see §§ 31-5-1110 and 31-5-1111 .

Application of statute. —

Testimony of driver's accident reconstruction expert was not violative of Wyo. Stat. Ann. § 31-9-209 where the expert used law enforcement reports as a foundation for his expert opinion. The expert mentioned the reports as foundational documents but did not testify as to the specific contents of the documents; his opinion went exclusively to the reconstruction of the accident and he did not testify as to negligence. McGuire v. Solis, 2005 WY 129, 120 P.3d 1020, 2005 Wyo. LEXIS 155 (Wyo. 2005).

Stated in

Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

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

Admissibility of police officer's testimony at state trial relating to motorist's admissions made in or for automobile accident report required by law, 46 ALR4th 291.

§ 31-9-210. Transfer of registration after suspension.

If an owner’s registration has been suspended under this act, the registration shall not be transferred nor the motor vehicle in respect of which registration was issued registered in any other name until the division is satisfied that the transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this act. Nothing in this section shall be held to apply to or affect the registration of any motor vehicle sold by a person who, pursuant to the terms or conditions of any written instrument giving a right of repossession, has exercised the right and has repossessed the motor vehicle from a person whose registration has been suspended under this act.

History. Laws 1947, ch. 160, § 30; C.S. 1945, § 60-1530; W.S. 1957, § 31-296; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-9-102(a)(xiv).

Article 3. Suspension of License and Registration for Unsatisfied Judgment

§ 31-9-301. Notice of failure to satisfy judgment.

  1. Whenever any person fails within thirty (30) days to satisfy any judgment subject to this act, the clerk of court, or the judge of a court which has no clerk, in which the judgment is rendered within this state, shall forward to the division immediately a certified copy of the judgment.
  2. If the defendant named in any certified copy of a judgment reported to the division is a nonresident, the division shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.

History. Laws 1947, ch. 160, § 12; C.S. 1945, § 60-1512; W.S. 1957, § 31-297; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-9-102(a)(xiv).

§ 31-9-302. Suspension upon receipt of judgment; consent to continued license and registration.

  1. Upon the receipt of a certified copy of a judgment, the division shall suspend the license and registration and the nonresident’s operating privilege of any person against whom judgment was rendered except as provided in W.S. 31-9-305 .
  2. If the judgment creditor consents in writing, in a form prescribed by the division, that the judgment debtor be allowed license and registration or nonresident’s operating privilege, the judgment debtor may be allowed by the division until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments thereof prescribed in W.S. 31-9-305 , provided the judgment debtor furnishes proof of financial responsibility.

History. Laws 1947, ch. 160, § 13; C.S. 1945, § 60-1513; W.S. 1957, § 31-298; Laws 1985, ch. 234, § 2.

§ 31-9-303. Continued suspension until judgment satisfied; discharge in bankruptcy.

Except as provided in W.S. 31-9-305 , the license, registration and nonresident’s operating privilege shall not be renewed, nor shall any license or registration be issued in the name of the person, including any person not previously licensed, until every judgment is stayed, satisfied or discharged, except that a discharge in bankruptcy does satisfy the judgment for the purposes of this section.

History. Laws 1947, ch. 160, § 14; C.S. 1945, § 60-1514; W.S. 1957, § 31-299; Laws 1985, ch. 234, § 2.

§ 31-9-304. When judgments deemed satisfied.

Judgments in excess of the amounts specified in W.S. 31-9-102(a)(xi) shall, for the purpose of this act only, be deemed satisfied when payments in the amounts so specified have been credited thereon. Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the respective amounts so specified.

History. Laws 1947, ch. 160, § 15; C.S. 1945, § 60-1515; W.S. 1957, § 31-300; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-9-102(a)(xiv).

§ 31-9-305. Payment of judgments in installments; failure to meet payments.

  1. A judgment debtor upon notice to the judgment creditor may apply to the court in which judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
  2. The division shall not suspend a license, registration or a nonresident’s operating privilege, and shall restore any license, registration or nonresident’s operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.
  3. If the judgment debtor fails to pay any installment as specified by the order, then upon notice of default, the division shall suspend the license, registration or nonresident’s operating privilege of the judgment debtor until the judgment is fully satisfied, as provided in this act.

History. Laws 1947, ch. 160, § 16; C.S. 1945, § 60-1516; W.S. 1957, § 31-301; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 31-9-102(a)(xiv).

Article 4. Proof of Financial Responsibility

Cross references. —

As to required deposits of insurance by motor carriers, see § 31-18-209 .

§ 31-9-401. Suspension and revocation of license and registrations until proof maintained; when proof required.

  1. Whenever the division, under any law of this state, mandatorily suspends or revokes the license of any person, the division shall also suspend the registration for all motor vehicles registered in the name of the person, except that the registration shall not be suspended, unless otherwise required by law, if the person has given or gives and maintains proof of financial responsibility with respect to all motor vehicles registered by the person.
  2. The license and registration shall not be renewed nor shall any license be issued to the person, nor shall any motor vehicle be registered in the name of the person until permitted under the motor vehicle laws of this state and until he shall give and maintain proof of financial responsibility.
  3. If a person is not licensed, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be issued to the person and no motor vehicle shall continue to be registered or be registered in the name of the person until he shall give and maintain proof of financial responsibility.
  4. Whenever the division suspends or revokes a nonresident’s operating privileges, the privileges shall remain so suspended or revoked unless the person has given or gives and maintains proof of financial responsibility.
  5. Proof of financial responsibility required to be given and maintained under this act shall be maintained for three (3) years from the date it is required except as provided in W.S. 31-9-413 .
  6. Subsections (a) through (e) of this section do not apply to the suspension of a license or nonresident operating privilege under W.S. 31-7-128(f), (g) or (n).

History. Laws 1947, ch. 160, § 17; C.S. 1945, § 60-1517; Laws 1955, ch. 23, §§ 1, 2; W.S. 1957, § 31-302; Laws 1985, ch. 234, § 2; 1989, ch. 173, § 1; 1991, ch. 233, § 1; 2007, ch. 68, § 1.

The 2007 amendment, effective July 1, 2007, updated the internal references in (f).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (e), see § 31-9-102(a)(xiv).

Division's employees immune from liability. —

Section 1-39-108 (liability of public utilities) does not, within its language, include the authorities that license public employees or the entities that provide gas, electric, transportation and other listed services. Thus, the enforcement of this state's financial responsibility laws by employees of the division is not included in the waiver of immunity articulated by § 1-39-108 .Gibson v. State, 811 P.2d 726, 1991 Wyo. LEXIS 91 (Wyo. 1991).

Only persons with suspended or revoked licenses affected bysection. —

This section does not apply to or affect the registration of motor vehicles of any person other than a person whose driver's license is suspended or revoked. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Proof of financial responsibility under this article is required only in cases where the superintendent (now division) has received a record of conviction or the forfeiture of bail of a person and has suspended or revoked that person's driver's license, or where the owner of the vehicle is involved in an accident, or where a person involved in an accident is using a motor vehicle of another person with permission of the owner. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Quoted in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969).

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

Combining or “stacking” of “no fault” or personal injury protection (PIP) coverages in automobile liability policy or policies, 29 ALR4th 12.

Combining or “stacking” medical payment provisions of automobile liability policy or policies issued by one or more insurers to one insured, 29 ALR4th 49.

§ 31-9-402. Types of proof.

  1. Proof of financial responsibility shall be furnished for each motor vehicle registered by any person required to give proof and may be given by filing:
    1. A certificate of insurance as provided in W.S. 31-9-403 or 31-9-404 ;
    2. A bond as provided in W.S. 31-9-408 ; or
    3. A certificate of deposit of money or securities as provided in W.S. 31-9-409 .
  2. Proof of financial responsibility may be furnished as allowed by W.S. 31-9-110 .

History. Laws 1947, ch. 160, § 18; C.S. 1945, § 60-1518; W.S. 1957, § 31-303; Laws 1985, ch. 234, § 2; 2013 ch. 102, § 2, effective July 1, 2013.

The 2013 amendment, effective July 1, 2013, added (b).

Stated in

Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

§ 31-9-403. Certificate of insurance carrier.

  1. Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate shall give the effective date of the motor vehicle liability policy which shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby unless the policy is issued to a person who is not the owner of a motor vehicle.
  2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless the motor vehicle is designated in the certificate.

History. Laws 1947, ch. 160, § 19; C.S. 1945, § 60-1519; W.S. 1957, § 31-304; Laws 1985, ch. 234, § 2.

Filing of insurance company certificate permissive and optional.—

Under the provisions of this section, the filing of the insurance company certificate is permissive and optional, and seemingly is to be made by the owner and not by the insurance company. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

No requirement that certificate contain insurer's opinion asto application of policy. —

There is no requirement in the financial responsibility laws that the certificate of proof of financial responsibility contain any opinion or conclusion of the insurance company or its authorized agent to the effect that the policy applies to either the named owner or operator of the described vehicle. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Quoted in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969); Allstate Ins. Co. v. Wyoming Ins. Dep't, 672 P.2d 810, 1983 Wyo. LEXIS 387 (Wyo. 1983).

§ 31-9-404. Nonresidents.

  1. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the division a written certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle described in the certificate is registered, or if the nonresident does not own a motor vehicle, then in the state in which the insured resides, if the certificate otherwise conforms to the provisions of this act. The division shall accept the certificate upon condition that the insurance carrier complies with the following provisions with respect to the policies certified:
    1. The insurance carrier shall execute a power of attorney authorizing the division to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state;
    2. The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
  2. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any undertaking or agreement, the division shall not accept as proof any certificate of the carrier so long as the default continues.

History. Laws 1947, ch. 160, § 20; C.S. 1945, § 60-1520; W.S. 1957, § 31-305; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in the introductory paragraph of subsection (a), see § 31-9-102(a)(xiv).

§ 31-9-405. “Liability policy” defined; required coverage; additional clauses.

  1. As used in this act “liability policy” means an owner’s or an operator’s policy of liability insurance, certified as provided in W.S. 31-9-403 or 31-9-404 as proof of financial responsibility, and issued, except as otherwise provided in W.S. 31-9-404 , by an insurance carrier authorized to transact business in this state, to or for the benefit of the person named as insured.
  2. An owner’s policy of liability insurance shall:
    1. Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is to be granted; and
    2. Insure the person named and, except for persons specifically excluded pursuant to W.S. 26-35-105 , any other person, as insured, using any covered motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each motor vehicle, as follows: twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident and twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident.
  3. An operator’s policy of liability insurance shall insure the person named as insured against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as provided by subsection (b) of this section.
  4. The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided in accordance with the coverage defined in this act as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this act.
  5. The motor vehicle liability policy shall not insure any liability under any worker’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle nor any liability or damage to property owned by, rented to, in charge of or transported by the insured.
  6. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
    1. The liability of the insurance carrier with respect to the insurance required by this act shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy;
    2. The satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage;
    3. The insurance carrier may settle any claim covered by the policy, and if settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b)(ii) of this section;
    4. The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with this act shall constitute the entire contract between the parties.
  7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage is not subject to this act. With respect to a policy which grants excess or additional coverage the “liability policy” shall apply only to that part of the coverage which is required by this section.
  8. Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this act.
  9. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
  10. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers which policies together meet the requirements.
  11. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for the policy.

History. Laws 1947, ch. 160, § 21; C.S. 1945, § 60-1521; W.S. 1957, § 31-306; Laws 1961, ch. 165, § 3; 1985, ch. 234, § 2; 1993, ch. 106, § 2.

Editor's notes. —

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

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-9-102(a)(xiv).

Household immunity clauses rendered void to extent of minimumliability coverage. —

Automobile public liability and property damage insurance policies issued in purported compliance with § 31-4-103 , the compulsory insurance statute, must, to the extent of the minimum liability security identified in subsection (b)(ii) of this section 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).

Liability under policy is not limited by amounts set out underthis section. —

See Sandahl v. Iowa Home Mut. Casualty Co., 229 F.2d 662, 1956 U.S. App. LEXIS 3610 (10th Cir. Wyo. 1956).

Reports made after injury or damage cannot vary or enlargecoverage. —

Under subsection (f)(i), it would be anomalous to hold that statements, i.e., reports, made after injury or damage could vary or enlarge the coverage provided by the insurance contract. Wyoming Farm Bureau Mut. Ins. Co. v. May, 434 P.2d 507, 1967 Wyo. LEXIS 187 (Wyo. 1967).

Policy's exclusions valid. —

“Fellow-employee” and “insured's employee” exclusions in insurance policy contract properly denied coverage under subsection (e) to employee for liability arising out of co-employee's death resulting from employee's use of insured's motor vehicle during the course of their employment. State Farm Mut. Auto Ins. Co. v. Dyer, 19 F.3d 514, 1994 U.S. App. LEXIS 4890 (10th Cir. Wyo. 1994).

Cited in

Boode v. Allied Mut. Ins. Co., 458 P.2d 653, 1969 Wyo. LEXIS 157 (Wyo. 1969); Martin v. Farmers Ins. Exch., 894 P.2d 618, 1995 Wyo. LEXIS 73 (Wyo. 1995).

Law reviews. —

For article, “The Automobile and the Omnibus Clause,” see 18 Wyo. L.J. 241 (1964).

For article, “Understanding the Tort of Third-Party Bad Faith in Wyoming: Western Casualty & Surety Company v. Fowler Revisited,” see XXVI Land & Water L. Rev. 635 (1991).

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

When is automobile “used under contract in behalf of, or loaned to,” insured, within meaning of “hired automobile” provision of automobile insurance policy, 5 ALR4th 636.

Construction and effect of provision excluding liability for automobile-related injuries or damage from coverage of homeowner's or personal liability policy, 6 ALR4th 555.

Risks within “loading and unloading” clause of motor vehicle liability insurance policy, 6 ALR4th 686.

When is automobile furnished or available for regular use within “drive other car” coverage of automobile liability policy, 8 ALR4th 387.

What constitutes “private passenger automobile” in insurance policy provisions defining risks covered or excepted, 11 ALR4th 475.

Liability insurance: misstatement by insured, later withdrawn or corrected, as breach of cooperation clause, 13 ALR4th 837.

Right of “named insured” in automobile insurance policy to delete coverage on nonowned automobile or other vehicle without notice to owner or operator thereof, 13 ALR4th 905.

Validity, construction and effect of “no-consent-to-settlement” exclusion clauses in automobile insurance policy, 18 ALR4th 249.

Validity of exclusion in automobile insurance policy precluding recovery of no-fault benefits for injuries arising out of the ownership, maintenance or use of an uninsured vehicle owned by an insured, 18 ALR4th 632.

Conflict of laws in determination of coverage under automobile liability insurance policy, 20 ALR4th 738.

Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver's negligence, 21 ALR4th 459.

Unlicensed automobile owned by insured as “owned automobile” within language of automobile liability insurance, 21 ALR4th 918.

Omnibus clause as extending automobile liability coverage to third person using car with consent of permittee of named insured, 21 ALR4th 1146.

Combining or “stacking” uninsured motorist coverages provided in single policy applicable to different vehicles of individual insured, 23 ALR4th 12.

Combining or “stacking” uninsured motorist coverages provided in separate policies issued by same insurer to different insureds, 23 ALR4th 108.

Recoverability, under uninsured or underinsured motorist coverage, of deficiencies in compensation afforded injured party by tortfeasor's liability coverage, 24 ALR4th 13.

Right to recover under uninsured or underinsured motorist insurance for injuries attributable to joint tortfeasors, one of whom is insured, 24 ALR4th 63.

Combining or “stacking” uninsured motorist coverages provided in separate policies issued by same insurer to same insured, 25 ALR4th 6.

Combining or “stacking” medical payment provisions of automobile liability policy or policies issued by one or more insurers to different insureds, 25 ALR4th 66.

Combining or “stacking” uninsured motorist coverages provided in fleet policy, 25 ALR4th 896.

Compensability, under automobile no-fault or personal protection insurance, of physical care services afforded injured insured by spouse or other person in close relationship, 28 ALR4th 700.

Combining or “stacking” of “no fault” or personal injury protection (PIP) coverages in automobile liability policy or policies, 29 ALR4th 12.

Combining or “stacking” medical payment provisions of automobile liability policy or policies issued by one or more insurers to one insured, 29 ALR4th 49.

Propriety of automobile insurer's policy of refusing insurance, or requiring advanced rates, because of age, sex, residence or handicap, 33 ALR4th 523.

What constitutes sufficiently serious personal injury, disability, impairment or the like to justify recovery of damages outside of no-fault automobile insurance coverage, 33 ALR4th 767.

Apportionment of payments of no-fault (personal injury protection) benefits between insurers providing coverage to same insured under policies covering different vehicles, 34 ALR4th 374.

What constitutes occupancy of motor vehicle for purposes of nonfault automobile insurance coverage, 35 ALR4th 364.

What constitutes ownership of automobile within meaning of automobile insurance owner's policy, 36 ALR4th 7.

Who is a “spouse” within clause of automobile liability, uninsured motorist or no-fault insurance policy defining additional insured, 36 ALR4th 588.

Right of liability insurer or uninsured motorist insurer to invoke defense based on insured's tort immunity arising out of marital or other close family relationship to injured party, 36 ALR4th 747.

Fact that passenger in negligently operated motor vehicle is owner as affecting passenger's liability to or rights against third person — modern cases, 37 ALR4th 565.

Right of insurer under automobile insurance policy to restitution of payments made under mistake, 37 ALR4th 1048.

Automobile fire, theft and collision insurance: insurable interest in stolen motor vehicle, 38 ALR4th 538.

Construction and application of “automatic insurance” or “newly-acquired vehicle” clause (“replacement,” and “blanket,” or “fleet” provisions) contained in automobile liability policy, 39 ALR4th 229.

No-fault insurance: general release of tortfeasor by accident victim as affecting automobile insurer's obligation for personal injury protection (PIP) benefits, 39 ALR4th 378.

Statutory or policy exclusion, from automobile no-fault coverage, of property damage covered by homeowner's policy of household member who is owner, registrant or operator of vehicle involved, 41 ALR4th 973.

Construction and application of statute imposing liability expressly upon motor vehicle lessor for damage caused by operation of vehicle, 41 ALR4th 993.

Construction and application of substitution provision of automobile liability policy, 42 ALR4th 1145.

Injury or death caused by assault as within coverage of no-fault motor vehicle insurance, 44 ALR4th 1010.

Self-insurance against liability as “other insurance” within meaning of liability insurance policy, 46 ALR4th 707.

Consortium claim of spouse, parent or child of accident victim as within extended “per accident” coverage rather than “per person” coverage of automobile liability policy, 46 ALR4th 735.

Automobile liability insurance policy flight from police exclusion: validity and effect, 49 ALR4th 325.

Validity, under insurance statutes, of coverage exclusion for injury to or death of insured's family or household member, 52 ALR4th 18.

Who is “employed or engaged in the automobile business” within exclusionary clause of liability policy, 55 ALR4th 261.

What constitutes use of vehicle “in the automobile business” within exclusionary clause of liability policy, 56 ALR4th 300.

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

What constitutes single accident or occurrence within liability policy limiting insurer's liability to a specified amount per accident or occurrence, 64 ALR4th 668.

Automobile insurance: umbrella or catastrophe policy automobile liability coverage as affected by primary policy “other insurance” clause, 67 ALR4th 14.

Liability of insurer for prejudgment interest in excess of policy limits for covered loss, 23 ALR5th 75.

Uninsured and underinsured motorist coverage: validity, construction and effect of policy provision purporting to reduce coverage by amount paid or payable under workers' compensation law, 31 ALR5th 116.

Automobile insurance coverage for drive-by shootings and other incidents involving the intentional discharge of firearms from moving motor vehicles, 41 ALR5th 91.

No-fault insurance coverage for injury or death of insured occurring during carjacking or attempted carjacking, 42 ALR5th 727.

Validity, construction, and application of provision in automobile liability policy excluding from coverage injury to, or death of, employee of insured, 43 ALR5th 149.

Duty of liability insurer to initiate settlement negotiations, 51 ALR5th 701.

§ 31-9-406. Cancellation or termination of insurance; exclusion of named driver.

When an insurance carrier has certified a motor vehicle liability policy under W.S. 31-9-403 or a policy under W.S. 31-9-404 , the insurance certified shall not be cancelled, renewed with exclusions pursuant to W.S. 26-35-105 or terminated until at least ten (10) days after a notice of cancellation, renewal with exclusions or termination of the insurance certified is filed with the division, except that a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.

History. Laws 1947, ch. 160, § 22; C.S. 1945, § 60-1522; W.S. 1957, § 31-307; Laws 1985, ch. 234, § 2; 1993, ch. 106, § 2.

Cited in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969).

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

State regulation or insurer's nonacceptance, cancellation or nonrenewal of, or increase in rate on, automobile insurance policy, based on driving record, 36 ALR4th 1205.

Cancellation of compulsory or “financial responsibility” automobile insurance, 44 ALR4th 13.

Validity and construction of automobile insurance provision or statute automatically terminating coverage when insured obtains another policy providing similar coverage, 61 ALR4th 1130.

Validity, construction and application of “named driver exclusion” in automobile insurance policy, 33 ALR5th 121.

§ 31-9-407. Excepted insurance policies.

  1. This act does not apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and the policies, if they contain an agreement or are endorsed to conform to the requirements of this act, may be certified as proof of financial responsibility under this act.
  2. This act does not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured’s employ or on his behalf of motor vehicles not owned by the insured.

History. Laws 1947, ch. 160, § 23; C.S. 1945, § 60-1523; W.S. 1957, § 31-308; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-9-102(a)(xiv).

§ 31-9-408. Surety bonds.

  1. Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two (2) individual sureties each owning real estate within this state, which real estate shall be scheduled in the bond approved by a judge of a court of record. The bond shall be conditioned for payment of the amounts specified in W.S. 31-9-102(a)(xi). Except as provided in W.S. 31-9-202(d), the bond shall be filed with the division and is not cancelable except after ten (10) days written notice to the division. The bond constitutes a lien in favor of the state upon the real estate scheduled of any surety and the lien shall exist in favor of any holder of a final judgment against the person who has filed the bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after the bond was filed, upon the filing of notice to that effect by the division in the office of the proper clerk or court of the county or city where the real estate is located. The notice shall be recorded and indexed in the same manner as now provided by law for real estate mortgages.
  2. If a judgment, rendered against the principal on the bond is not satisfied within thirty (30) days after it becomes final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action in the name of the state against the company or persons executing the bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed the bond. The foreclosure shall be by proceeding in the district court of the county where the real estate is located unless it is in more than one (1) county in which case the action shall be brought in any county in which any of the property is situated.

History. Laws 1947, ch. 160, § 24; C.S. 1945, § 60-1524; W.S. 1957, § 31-309; Laws 1985, ch. 234, § 2.

§ 31-9-409. Cash and securities deposited with the director.

  1. Proof of financial responsibility may be evidenced by the certificate of the director of the department of transportation that the person named therein has deposited twenty-five thousand dollars ($25,000.00) in cash, or securities as provided by W.S. 9-4-821 or as may legally be purchased for trust funds of a market value of twenty-five thousand dollars ($25,000.00). The director shall not accept any deposit and issue a certificate therefor and the division shall not accept the certificates unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides. The director shall submit receipt and acknowledgement of all deposits and payments under this section to the state treasurer.
  2. The deposit shall be held by the director to satisfy, in accordance with this act, any execution on a judgment issued against the person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after the deposit was made. Money or securities so deposited is not subject to attachment or execution unless the attachment or execution arises out of a suit for damages as provided by this subsection.

History. Laws 1947, ch. 160, § 25; C.S. 1945, § 60-1525; W.S. 1957, § 31-310; Laws 1961, ch. 165, § 4; 1985, ch. 234, § 2; 2015 ch. 12, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015, in (a) and (b), substituted “director” for “state treasurer” in the second sentence; in (a), substituted “director of the department of transportation” for “state treasurer” and deleted “with him” following deposited in the first sentence, and added the present last sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (b), see § 31-9-102(a)(xiv).

§ 31-9-410. Proof by owner in lieu of driver.

Whenever any person required to give proof of financial responsibility is or later becomes a driver in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the division shall accept proof given by the owner in lieu of proof by the other person to permit the other person to drive a motor vehicle for which the owner has given proof as herein provided.

History. Laws 1947, ch. 160, § 26; C.S. 1945, § 60-1526; W.S. 1957, § 31-311; Laws 1985, ch. 234, § 2.

§ 31-9-411. Substitution of proof.

The division shall consent to the cancellation of any bond or certificate of insurance or the division shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this act.

History. Laws 1947, ch. 160, § 27; C.S. 1945, § 60-1527; W.S. 1957, § 31-312; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-9-102(a)(xiv).

§ 31-9-412. When further proof required.

Whenever any proof of financial responsibility filed under this act no longer fulfills the purposes for which required, the division shall require other proof as required by this act and shall suspend the license and registration of the nonresident’s operating privilege pending the filing of other proof.

History. Laws 1947, ch. 160, § 28; C.S. 1945, § 60-1528; W.S. 1957, § 31-313; Laws 1985, ch. 234, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 31-9-102(a)(xiv).

Cited in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969).

§ 31-9-413. Cancellation or return; reestablishment.

  1. Proof of financial responsibility is not required to be maintained if:
    1. Repealed by Laws 1989, ch. 173, §§ 1, 2.
    2. The person on whose behalf proof was filed dies or is unable to drive a motor vehicle due to permanent incapacity; or
    3. The person who has given proof surrenders his license and registration to the division.
  2. The division shall not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by the proof is then pending or any judgment upon any liability is then unsatisfied, or if the person who has filed bond or deposited money or securities has, within one (1) year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable, for the injury or damage, is sufficient evidence thereof in the absence of evidence to the contrary in the records of the division.
  3. Whenever any person whose proof has been cancelled or returned under paragraph (a)(iii) of this section applies for a license or registration within a period of three (3) years from the date proof was originally required, the application shall be refused unless the applicant shall reestablish proof for the remainder of the three (3) year period.

History. Laws 1947, ch. 160, § 29; C.S. 1945, § 60-1529; W.S. 1957, § 31-314; Laws 1985, ch. 234, § 2; 1989, ch. 173, §§ 1, 2.

§ 31-9-414. Self-insurer.

  1. Any person in whose name more than twenty-five (25) motor vehicles are registered may qualify as a self-insurer by filing cash, securities or a surety bond in the amount of two hundred thousand dollars ($200,000.00) plus one hundred dollars ($100.00) for each vehicle in excess of twenty-five (25) to be covered, which cash, securities or surety bond shall otherwise meet the requirements of W.S. 31-9-408 and 31-9-409 .
  2. The division may upon application issue a certificate of self-insurance to a person who has satisfied the requirements under subsection (a) of this section. The certificate of self-insurance shall apply to the owner and all operators and shall expire three (3) years from the date of issue.
  3. Upon not less than ten (10) days notice and a hearing pursuant to notice, the division may upon reasonable grounds cancel a certificate of self-insurance. Reasonable grounds for cancellation shall be:
    1. Failure to pay any judgment within thirty (30) days after judgment is final;
    2. Failure within thirty (30) days to requalify under subsection (a) of this section when any portion of the bond on file has been used to satisfy a judgment; or
    3. A showing the person no longer has twenty-five (25) motor vehicles registered in his name.

History. Laws 1947, ch. 160, § 34; C.S. 1945, § 60-1534; W.S. 1957, § 31-315; Laws 1985, ch. 234, § 2; 1989, ch. 173, § 1.

Appropriate for state to allow licensee to be own insurer.—

It is appropriate and reasonable for a state to require insurance or its equivalent as a condition for the issuance of a license, and it follows that it is all the more appropriate and reasonable for a state to allow a licensee to be his own insurer, upon the condition that he is prepared to show financial responsibility or the equivalent of insurance when the need therefor arises by reason of an accident in connection with which a judgment might be obtained against the licensee. And, of course, it is appropriate and reasonable for a license and registration to be suspended if the licensee fails to show such financial responsibility after an accident in connection with which a judgment might be obtained against him. Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Cited in

Michelsen v. Gilbert, 449 P.2d 795, 1969 Wyo. LEXIS 115 (Wyo. 1969).

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

Applicability of uninsured motorist statutes to self-insurers, 27 ALR4th 1266.

§ 31-9-415. Proof of group financial responsibility.

  1. Any religious or charitable tax exempt group pursuant to Section 501(c)(3) of the Internal Revenue Code that is able to demonstrate to the state auditor that the group has met financial commitments and obligations of this nature of the individuals who comprise the group for the five (5) previous years and whose members combined own more than five (5) registered motor vehicles may qualify as a self-insurer by filing cash, securities or a surety bond in the amount of fifty thousand dollars ($50,000.00), which cash, securities or surety bond shall otherwise meet the requirements of W.S. 31-9-408 and 31-9-409 .
  2. The department may upon application issue a certificate of self-insurance to each group who has satisfied the requirements under subsection (a) of this section. The certificate of self-insurance shall apply to the owners and all operators who are members of the group and shall expire three (3) years from the date of issue.
  3. Upon not less than ten (10) days notice and a hearing pursuant to notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Reasonable grounds for cancellation shall include:
    1. Failure to pay, or enter into an agreement to pay, any judgment within sixty (60) days after judgment is final;
    2. Failure within thirty (30) days to requalify under subsection (a) of this section when any portion of the bond on file has been used to satisfy a judgment;
    3. A showing that the tax exempt group no longer has five (5) motor vehicles registered to the members of the group; or
    4. A failure to report that a member of the group no longer qualifies.

History. Laws 1999, ch. 154, § 1; 2000, ch. 48, § 2.

Internal Revenue Code. —

The Internal Revenue Code is codified at 26 U.S. Code.

Chapter 10 Uninsured Motor Vehicle Coverage

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 190 to 193; 8 Am. Jur. 2d Automobiles and Highway Traffic §§ 431 to 436.

Rights and liabilities under “uninsured motorists” coverage, 79 ALR2d 1252.

Validity and enforceability of provision for binding arbitration and waiver thereof, 24 ALR3d 1325.

Reduction of coverage by amounts payable under medical expense insurance, 24 ALR3d 1353.

What constitutes an “uninsured” or “unknown” vehicle or motorist, within uninsured motorist coverage, 26 ALR3d 883, 24 ALR4th 13, 24 ALR4th 63.

Coverage of claim for wrongful death of insured, 26 ALR3d 935.

Validity and construction of “other insurance” provisions, 28 ALR3d 551.

Time limitations as to claims based on uninsured motorist clause, 28 ALR3d 580.

What issues are arbitrable under arbitration provision of uninsured motorist insurance, 29 ALR3d 328.

Construction of statutory provision governing rejection or waiver of uninsured motorist coverage, 55 ALR3d 216.

What constitutes “automobile” for purposes of uninsured motorist provisions, 65 ALR3d 851.

Coverage under uninsured motorist clause of injury inflicted intentionally, 72 ALR3d 1161.

Insured's right to bring direct action against insurer for uninsured motorist benefits, 73 ALR3d 632.

Conflict of laws as to right of insured to maintain under uninsured motorist clause a direct action against automobile liability insurer, 83 ALR3d 308.

Automobile liability policy: choice of law as to validity of “other insurance” clause of uninsured motorist coverage, 83 ALR3d 321.

Applicability of uninsured motorist statutes to self-insurers, 27 ALR4th 1266.

Combining or “stacking” uninsured motorist coverages provided in policies issued by different insurers to different insureds, 28 ALR4th 362.

Right of insurer issuing “uninsured motorist” coverage to intervene in action by insured against uninsured motorist, 35 ALR4th 757.

When statute of limitations commences to run on automobile no-fault insurance personal injury claim, 36 ALR4th 357.

Cancellation of compulsory or “financial responsibility” automobile insurance, 44 ALR4th 13.

Punitive damages as within coverage of uninsured or underinsured motorist insurance, 54 ALR4th 1186.

Right of insured, precluded from recovering against owner or operator of uninsured motor vehicle because of governmental immunity, to recover uninsured motorist benefits, 55 ALR4th 806.

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

Validity and construction of automobile insurance provision or statute automatically terminating coverage when insured obtains another policy providing similar coverage, 61 ALR4th 1130.

Uninsured motorist coverage: “legally entitled to recover” clause as barring claim compensable under workers' compensation statute, 82 ALR4th 1096.

Insured's recovery of uninsured motorist claim against insurer as affecting subsequent recovery against tortfeasors causing injury, 3 ALR5th 746.

Uninsured and underinsured motorist coverage: validity, construction and effect of policy provision purporting to reduce coverage by amount paid or payable under workers' compensation law, 31 ALR5th 116.

Right of employer or workers' compensation carrier to lien against, or reimbursement out of, uninsured or underinsured motorist proceeds payable to employee injured by third party, 33 ALR5th 587.

Validity and construction of provision of uninsured or underinsured motorist coverage that damages under the coverage will be reduced by amount of recovery from tortfeasor, 40 ALR5th 603.

Automobile insurance coverage for drive-by shootings and other incidents involving the intentional discharge of firearms from moving motor vehicles, 41 ALR5th 91.

No-fault insurance coverage for injury or death of insured occurring during carjacking or attempted carjacking, 42 ALR5th 727.

61A C.J.S. Motor Vehicles §§ 1285 to 1294.

§ 31-10-101. Required coverage; rejection.

No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any natural person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death as provided by W.S. 31-9-102(a)(xi), under provisions approved by the insurance commissioner for the protection of persons insured thereunder or legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom. The named insured may reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with the policy previously issued to him by the same insurer.

History. Laws 1969, ch. 81, § 1; W.S. 1957, § 31-315.1; Laws 1984, ch. 48, § 1.

Applicability. —

Wyo. Stat. Ann. §§ 31-10-101 and -102 unambiguously did not require the insured to obtain, or insurers to provide, underinsured motorist liability coverage; the insurer's policy did not contain such coverage, and disallowed changes in its terms, and the policy could not be reformed to provide such coverage. Broderick v. Dairyland Ins. Co., 2012 WY 22, 270 P.3d 684, 2012 Wyo. LEXIS 23 (Wyo. 2012).

Section construed to subserve socially desirable legislativepolicy. —

This section was designed to furnish protection by insurance for victims of uninsured motorists, and for the supreme court to refuse to construe the statute literally when such a construction will subserve the socially desirable policy of adequate indemnification of innocent automobile accident victims would be to ignore the legislative mandate and its purpose. Ramsour v. Grange Ins. Ass'n, 541 P.2d 35, 1975 Wyo. LEXIS 168 (Wyo. 1975).

Good faith and fair dealing required. —

An insurer providing uninsured motorist coverage under this section owes a duty of good faith and fair dealing to the insured at all times. Accepting this proposition acknowledges the unequal bargaining power and reasonable expectations of the insured seeking indemnification under terms of uninsured motorist coverage. State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813, 1994 Wyo. LEXIS 110 (Wyo. 1994).

Direct action against insurance company permitted. —

As a matter of public policy, the fault of the uninsured motorist and the amount of damages suffered by the insured may be determined in a direct action against the insurer. Therefore, the district court did not commit an error of law in permitting the plaintiffs to institute a direct action against insurance company prior to a determination of the uninsured motorist's liability. State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813, 1994 Wyo. LEXIS 110 (Wyo. 1994).

Maximum recovery not limited to minimum limit of 1 policy.—

This section states that every policy of insurance that is issued shall be in the amount of the statutory minimum. It does not say that if there is more than one policy covering the insured, that the maximum to be paid would be the minimum limit of one policy. Ramsour v. Grange Ins. Ass'n, 541 P.2d 35, 1975 Wyo. LEXIS 168 (Wyo. 1975).

Escape clauses limiting recovery invalid. —

“Other insurance” escape clauses are invalid to extent that they limit total recovery to less than or equal to actual damage within policy limits. Ramsour v. Grange Ins. Ass'n, 541 P.2d 35, 1975 Wyo. LEXIS 168 (Wyo. 1975).

“Stacking” of insurance provisions not permitted. —

An insured, under a single automobile insurance policy encompassing several vehicles, was not permitted to “stack” or “pyramid” uninsured-motorists and medical-payment provisions for recovery of injury and medical expenses sustained in an accident involving one of the covered vehicles, where the right to aggregate coverages was neither required by ascertainable public-policy concerns nor permitted by the insurance policy by its clearly stated terms. Commercial Union Ins. Co. v. Stamper, 732 P.2d 534, 1987 Wyo. LEXIS 394 (Wyo. 1987).

Injuries sustained from instrumentalities other than motorizedvehicles. —

Insurance carriers are not required to be answerable under the uninsured motorist coverage mandated by statute for injuries sustained from instrumentalities other than motorized vehicles, i.e., for injuries inflicted by gun, knife, club, fist, etc. during an intentional criminal assault. Ulrich v. United Servs. Auto. Ass'n, 839 P.2d 942, 1992 Wyo. LEXIS 140 (Wyo. 1992).

Applied in

Allstate Ins. Co. v. Wyoming Ins. Dep't, 672 P.2d 810, 1983 Wyo. LEXIS 387 (Wyo. 1983); Farmers Ins. Exch. v. Williams, 823 F. Supp. 927, 1992 U.S. Dist. LEXIS 21353 (D. Wyo. 1992).

Cited in

Wyoming Ins. Guar. Ass'n v. Allstate Indem. Co., 844 P.2d 464, 1992 Wyo. LEXIS 199 (Wyo. 1992).

Law reviews. —

For article, “The Wyoming Uninsured Motorist Act: A Regulatory Reconciliation of Mandated Coverages with the Standard Uninsured Motorist Endorsement,” see XI Land & Water L. Rev. 213 (1976).

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

Entitlement of child, spouse, parent or other person to survivor's loss benefit under no-fault insurance acts, 12 ALR4th 975.

Operation or use of vehicle outside scope of permission as rendering it uninsured within meaning of uninsured motorist coverage, 17 ALR4th 1322.

Uninsured motorist endorsement: validity and enforceability of policy provision purporting to authorize deduction of no-fault benefits from amounts payable under uninsured motorist endorsement, 20 ALR4th 1104.

Combining or “stacking” uninsured motorist coverages provided in policies issued by different insurers to same insured, 21 ALR4th 211.

Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver's negligence, 21 ALR4th 459.

Combining or “stacking” uninsured motorist coverages provided in single policy applicable to different vehicles of individual insured, 23 ALR4th 12.

Combining or “stacking” uninsured motorist coverages provided in separate policies issued by same insurer to different insureds, 23 ALR4th 108.

Recoverability, under uninsured or underinsured motorist coverage, of deficiencies in compensation afforded injured party by tortfeasor's liability coverage, 24 ALR4th 13.

Right to recover under uninsured or underinsured motorist insurance for injuries attributable to joint tortfeasors, one of whom is insured, 24 ALR4th 63.

Validity, construction and effect of “consent to sue” clauses in uninsured motorist endorsement of automobile insurance policy, 24 ALR4th 1024.

Combining or “stacking” uninsured motorist coverages provided in separate policies issued by same insurer to same insured, 25 ALR4th 6.

Uninsured motorist coverage: validity of exclusion of injuries sustained by insured while occupying “owned” vehicle not insured by policy, 30 ALR4th 172.

Who is a “spouse” within clause of automobile liability, uninsured motorist or no-fault insurance policy defining additional insured, 36 ALR4th 588.

Right of liability insurer or uninsured motorist insurer to invoke defense based on insured's tort immunity arising out of marital or other close family relationship to injured party, 36 ALR4th 747.

Automobile fire, theft and collision insurance: insurable interest in stolen motor vehicle, 38 ALR4th 538.

Construction and application of “automatic insurance” or “newly-acquired vehicle” clause (“replacement,” and “blanket,” or “fleet” provisions) contained in automobile liability policy, 39 ALR4th 229.

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

“Excess” or “umbrella” insurance policy as providing coverage for accidents with uninsured or underinsured motorists 2 ALR5th 922.

Uninsured and underinsured motorist coverage: enforceability of policy provision limiting appeals from arbitration, 23 ALR5th 801.

Requirement that multicoverage umbrella insurance policy offer uninsured- or underinsured-motorist coverage equal to liability limits under umbrella provisions, 52 ALR5th 451.

Validity of territorial restrictions on uninsured/underinsured coverage in automobile insurance policies, 55 ALR5th 747.

Who is “member” or “resident” of same “family” or “household” within no-fault or uninsured motorist provisions of motor vehicle insurance policy, 66 ALR5th 269.

Uninsured motorist indorsement: construction and application of requirement that there be “physical contact” with unidentified or hit-and-run vehicle; “miss-and-run” cases, 77 ALR5th 319.

Uninsured motorist indorsement: general issues regarding requirement that there be “physical contact” with unidentified or hit-and-run vehicle, 78 ALR5th 341.

Uninsured motorist indorsement: construction and application of requirement that there be “physical contact” with unidentified or hit-and-run vehicle; “hit-and-run” cases, 79 ALR5th 289.

§ 31-10-102. Scope of term “uninsured motor vehicle”.

For the purpose of coverage under W.S. 31-10-101 , the term “uninsured motor vehicle”, subject to the terms and conditions of the coverage, includes an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency.

History. Laws 1969, ch. 81, § 2; W.S. 1957, § 31-315.2; Laws 1984, ch. 48, § 1.

Applicability. —

Wyo. Stat. Ann. §§ 31-10-101 and -102 unambiguously did not require the insured to obtain, or insurers to provide, underinsured motorist liability coverage; the insurer's policy did not contain such coverage, and disallowed changes in its terms, and the policy could not be reformed to provide such coverage. Broderick v. Dairyland Ins. Co., 2012 WY 22, 270 P.3d 684, 2012 Wyo. LEXIS 23 (Wyo. 2012).

Stated in

Morgan v. State, 708 P.2d 1244, 1985 Wyo. LEXIS 606 (Wyo. 1985).

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

Motorist having “no-fault” insurance affording no liability coverage in circumstances as “uninsured” or “underinsured” motorist under damaged party's insurance, 40 ALR4th 1202.

Automobile insurance coverage for drive-by shootings and other incidents involving the intentional discharge of firearms from moving motor vehicles, 41 ALR5th 91.

No-fault insurance coverage for injury or death of insured occurring during carjacking or attempted carjacking, 42 ALR5th 727.

Validity, construction, and application of exclusion of government vehicles from uninsured motorist provision, 58 ALR5th 511.

Automobile insurance: what constitutes “occupying” under owned vehicle exclusion of uninsured or underinsured motorist coverage of automobile insurance policy, 59 ALR5th 191.

§ 31-10-103. Insolvency protection.

The insolvency protection afforded by W.S. 31-10-102 is applicable only to accidents occurring during the policy period in which the uninsured motor vehicle coverage is in effect. Any insurer may provide insolvency protection under terms and conditions more favorable to its insureds than is provided under W.S. 31-10-101 through 31-10-104 .

History. Laws 1969, ch. 81, § 3; W.S. 1957, § 31-315.3; Laws 1984, ch. 48, § 1.

§ 31-10-104. Subrogation.

In the event of payment to an insured under the coverage required by W.S. 31-10-101 through 31-10-104 and subject to the terms and conditions of the coverage, the insurer making the payments is entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the insured against any person or organization legally responsible for the bodily injury or death for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Whenever an insurer makes payment under the coverage required by this section which is occasioned by an insolvency, the insurer’s right of recovery or reimbursement shall not include any rights against the insured of the insolvent insurer, but the paying insurer may proceed directly against the insolvent insurer or its receiver, and in pursuance of this right the paying insurer shall possess any rights which the insured of the insolvent company might otherwise have had, if the insured of the insolvent insurer had personally made payment.

History. Laws 1969, ch. 81, § 4; W.S. 1957, § 31-315.4; Laws 1984, ch. 48, § 1.

Chapter 11 Identification of Vehicles and Prevention of Theft

Cross references. —

As to larceny and related offenses, see § 6-3-401 et seq.

As to unauthorized use of state or county vehicle, see § 9-2-1016(j).

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 410 to 419.

Garage keeper's liability for theft or unauthorized use of car, 43 ALR2d 403.

Validity of National Motor Vehicle Theft Act (18 U.S.C. §§ 2311 to 2313), 56 ALR2d 1309, 15 ALR Fed 856, 15 ALR Fed 888, 15 ALR Fed 919, 45 ALR Fed 370, 67 ALR Fed 572.

Liability for loss of or damage to automobile left in parking lot or garage, 7 ALR3d 927, 13 ALR4th 362, 13 ALR4th 442.

Asportation of motor vehicle as necessary element to support charge of larceny, 70 ALR3d 1202.

Requirement as to interstate character of offense under provision of National Motor Vehicle Theft Act (18 U.S.C. § 2313) making it offense to receive, conceal, store, barter, sell or dispose of stolen motor vehicle moving as or which is part of or constitutes interstate commerce, 15 ALR Fed 888.

What constitutes “motor vehicle” within meaning of National Motor Vehicle Theft Act (18 U.S.C. §§ 2311 to 2313), 15 ALR Fed 919.

61A C.J.S. Motor Vehicles §§ 1511 to 1540.

§ 31-11-101. Definitions.

  1. As used in this act:
    1. “Calendar year” means the twelve (12) calendar months beginning January 1 and ending December 31;
    2. “Dealer” means all persons engaged in the business or vocation of manufacturing, buying, selling, trading, dealing, destroying, disposing of, storing or salvaging vehicles, or secondhand or used vehicle parts, equipment, attachments, accessories or appurtenances common to or a part of vehicles;
    3. “Department” means the Wyoming department of transportation;
    4. “Driver” means the person operating, driving or in control of a vehicle;
    5. “Officer” means any duly constituted peace officer of this state, or of any town, city or county in this state;
    6. “Owner” means as provided by W.S. 31-5-102(a)(xxvi);
    7. “Public highway” means any public street, thoroughfare, roadway, alley, lane or bridge in any county, town or city in the state;
    8. “Vehicle” means as defined by W.S. 31-5-102(a)(lviii) except bicycles;
    9. “Vehicle identification number” means any identifying number, serial number, engine number if the model year is prior to 1956 or other distinguishing number or mark, including letters, if any, placed on a vehicle or vehicle component by its manufacturer or by authority of the department;
    10. “This act” means W.S. 31-11-101 through 31-11-111 .

History. Laws 1923, ch. 88, § 1; R.S. 1931, § 72-401; C.S. 1945, § 60-1401; W.S. 1957, § 31-316; Laws 1979, ch. 152, § 2; 1984, ch. 48, § 1; 1985, ch. 183, § 1; 1991, ch. 241, § 3.

Editor's notes. —

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

Law reviews. —

For article, “Goodbye 3-Card Monte: The Wyoming Criminal Code of 1982” (part two), see XIX Land & Water L. Rev. 509 (1984).

§ 31-11-102. Unauthorized use of vehicle; penalty.

Any person who without specific authority of the owner or his authorized and accredited agent willfully, wantonly, or maliciously takes possession of, or drives, propels or takes away, or attempts to take possession of, drive, propel, or take away a vehicle, the property of another, for the purpose of temporarily making use of the vehicle, or who knowingly aids, abets or assists another in so doing, upon conviction, is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

History. Laws 1923, ch. 88, § 2; R.S. 1931, § 72-402; C.S. 1945, § 60-1402; W.S. 1957, § 31-317; Laws 1983, ch. 171, § 4; 1984, ch. 48, § 1; 1985, ch. 183, § 1.

There is no specific intent required in this section. Matlack v. State, 695 P.2d 635, 1985 Wyo. LEXIS 448 (Wyo.), cert. denied, 472 U.S. 1030, 105 S. Ct. 3508, 87 L. Ed. 2d 638, 1985 U.S. LEXIS 2327 (U.S. 1985).

Joyriding is not a proper defense to a charge of concealing stolen property. DeLeon v. State, 896 P.2d 764, 1995 Wyo. LEXIS 94 (Wyo. 1995).

Instruction upheld. —

In a prosecution for burglary based on defendant's entering and driving a vehicle without permission, the trial court did not err in refusing to give defendant's proposed instruction defining the crime of unauthorized use of a vehicle. Brett v. State, 961 P.2d 385, 1998 Wyo. LEXIS 114 (Wyo. 1998).

Relation to felony larceny. —

Sufficient evidence supported a conviction for felony larceny because there was an intent to permanently deprive where defendant kept a vehicle for 3 months, lied about the owner of the truck, and made no effort to return the truck to the owner or advise him of its location. Defendant argued that his actions constituted joyriding or unauthorized use. Peña v. State, 2013 WY 4, 294 P.3d 13, 2013 Wyo. LEXIS 4 (Wyo. 2013).

Applied in

Reinholt v. State, 601 P.2d 1311, 1979 Wyo. LEXIS 478 (Wyo. 1979).

Quoted in

Engle v. State, 774 P.2d 1303, 1989 Wyo. LEXIS 138 (Wyo. 1989); Lance Oil & Gas Co. v. Wyo. Dep't of Revenue, 2004 WY 156, 101 P.3d 899, 2004 Wyo. LEXIS 201 (2004).

Cited in

Buck v. State, 603 P.2d 878, 1979 Wyo. LEXIS 494 (Wyo. 1979); Martinez v. State, 611 P.2d 831, 1980 Wyo. LEXIS 274 (Wyo. 1980); Reynoldson v. State, 737 P.2d 1331, 1987 Wyo. LEXIS 456 (Wyo. 1987); Simonds v. State, 762 P.2d 1189, 1988 Wyo. LEXIS 128 (Wyo. 1988).

Law reviews. —

For article, “The Changing Structure of Criminal Sentencing,” see XVIII Land & Water L. Rev. 591 (1983).

For article, “Goodbye 3-Card Monte: The Wyoming Criminal Code of 1982” (part two), see XIX Land & Water L. Rev. 509 (1984).

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

Elements of offense defined in “joyriding” statutes, 9 ALR3d 633.

Nature and extent of insured's duty to seek retrieval of stolen automobile, 9 ALR4th 405.

What constitutes theft within automobile theft insurance policy — modern cases, 67 ALR4th 82.

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.

Joyriding or similar charge as lesser-included offense of larceny or similar charge, 78 ALR5th 567.

What constitutes concealing stolen motor vehicle within meaning of 18 USC § 2313, 67 ALR Fed 572.

Validity, Construction, and Application of Anti-Car Theft A (18 USCS § 2119), 140 ALR Fed 249.

§ 31-11-103. Alteration of vehicle identification numbers; penalty.

  1. No person shall:
    1. Remove, change, alter or obliterate the vehicle identification number of a vehicle with intent to defraud by altering or disguising the identity of a vehicle; or
    2. Possess a vehicle or vehicle component with knowledge that it has a vehicle identification number which has been removed, changed, altered or obliterated in violation of paragraph (i) of this subsection.
  2. A person who violates this section is guilty of a felony punishable by imprisonment for not more than ten (10) years.

History. Laws 1923, ch. 88, § 3; R.S. 1931, § 72-403; C.S. 1945, § 60-1403; W.S. 1957, § 31-318; Laws 1979, ch. 152, § 2; 1983, ch. 171, § 3; 1984, ch. 48, § 1; 1985, ch. 183, § 1.

Law reviews. —

For article, “The Changing Structure of Criminal Sentencing,” see XVIII Land & Water L. Rev. 591 (1983).

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

107 ALR5th 567.

§ 31-11-104. Sale of seized vehicles; disposition of proceeds; proof of ownership after sale.

All vehicles seized under W.S. 31-11-111 remaining unclaimed after ninety (90) days from the date of seizure, shall be sold by the department or its authorized representative, at public auction, to the highest bidder. Notice of sale shall be published not less than ten (10) days preceding the date of the sale, in a newspaper of general circulation in the county where the vehicle is to be sold, giving a full description of the vehicle together with engine or serial numbers or marks, if any. All expenses incident to the sale and storage of the vehicle shall be first paid from the receipts from the sale, and any residue shall be paid by the department to the state treasurer for credit to the general fund. Should any claimant prove ownership of a vehicle sold by the department under this act within six (6) months after the date of sale, the state auditor shall upon proper proof of ownership approved by the department, draw a warrant upon the state treasurer in favor of the claimant for the amount which was paid into the state treasury.

History. Laws 1923, ch. 88, § 15; R.S. 1931, § 72-413; C.S. 1945, § 60-1410; Laws 1949, ch. 151, § 36; W.S. 1957, § 31-323; W.S. 1977, § 31-11-107 ; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1; 1991, ch. 241, § 3.

Cross references. —

As to publication of legal notices, see § 1-6-201 et seq.

Meaning of “this act.” —

For definition of “this act,” referred to in the last sentence, see § 31-11-101(a)(x).

§ 31-11-105. Special vehicle identification number.

  1. An owner of a vehicle that does not have a vehicle identification number present or an owner of a vehicle for which a Wyoming certificate of title has been issued or is required who replaces any part of the vehicle on which the vehicle identification number appears or who incorporates a part containing the vehicle identification number into another vehicle, shall apply to the department forthwith for a special vehicle identification number. The department shall determine that the applicant for the special vehicle identification number is the lawful owner of the vehicle. An application blank shall be furnished by the department for the registration of the special vehicle identification number containing a complete description of the vehicle, the name and address of the owner, from whom purchased and other information as required by the department. The owner shall pay a registration fee of twenty dollars ($20.00) for the special vehicle identification number.
  2. In designating special vehicle identification numbers for vehicles the department shall assign the numbers consecutively, beginning with the number five hundred one (501), preceded by the letter “S” and followed by the letter “W” in the order of the filing of applications for special vehicle identification numbers. The department shall not register or reregister any vehicle with a defective vehicle identification number.

History. Laws 1923, ch. 88, § 12; R.S. 1931, § 72-411; C.S. 1945, § 60-1408; Laws 1949, ch. 151, § 35; W.S. 1957, § 31-324; W.S. 1977, § 31-11-108 ; Laws 1979, ch. 152, §§ 2, 3; 1984, ch. 48, § 1; 1985, ch. 183, § 1; 2009, ch. 46, § 2.

The 2009 amendment, effective July 1, 2010, in (a), inserted “a vehicle that does not have a vehicle identification number present or an owner of” and “or is required,” and substituted “twenty dollars ($20.00)” for “one dollar ($1.00)” in the last sentence.

Cross references. —

As to obtaining vehicle identification number where vehicle to be titled has no number, see § 31-2-103(c).

§ 31-11-106. General penalties.

Any person violating any provision of this act unless otherwise specifically provided for in this act, 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 1923, ch. 88, § 13; R.S. 1931, § 72-412; C.S. 1945, § 60-1409; W.S. 1957, § 31-325; W.S. 1977, § 31-11-109 ; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 31-11-101(a)(x).

Severability. —

Laws 1923, ch. 88, § 16, reads: “If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The state legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.”

Repealing clauses. —

Laws 1923, ch. 88, § 17, repealed all laws and parts of laws in conflict therewith.

§ 31-11-107. Daily records of vehicle dealers; penalties for violations.

  1. Every dealer shall keep and maintain in his place of business, a permanent legibly written daily record of all vehicles and vehicle components which carry a vehicle identification number coming into his possession except those vehicles received by him for the express purpose of repairs that do not require the replacement of any component that bears a vehicle identification number. The record shall include the name and address of the owner or vendor, the date of the transactions, the model year, make and style, vehicle identification number, the state registration license number and the purpose and disposition of the vehicle or component. The record is to be open at all times to the inspection by the department or any peace officer and available for use as evidence. Daily records may be destroyed after retention for three (3) years.
  2. Every person offering or delivering to a dealer for resale or consignment any vehicle or vehicle component which carries a vehicle identification number shall register his name, address and the name and address of the owner in the record kept by the dealer. The driver, on request or demand of the dealer or his agent, shall produce for examination the vehicle state registration license certificate issued to the driver or to the owner of the vehicle.
  3. Any person knowingly violating any provision of this section shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00), by imprisonment not to exceed six (6) months, or both.
  4. Any person knowingly and with intent to defraud violating any provision of this section shall be punished by a fine not to exceed five thousand dollars ($5,000.00), by imprisonment not to exceed five (5) years, or both.

History. Laws 1979, ch. 152, § 1; W.S. 1977, § 31-11-110 ; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

Cited in

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

§ 31-11-108. Examination of vehicle identification numbers; notification where number altered; penalties for violations.

  1. Every dealer shall examine, without charge, the vehicle identification number of every vehicle coming into his possession except those vehicles received by him for the express purpose of repairs that do not require the replacement of any component that bears a vehicle identification number. The dealer is not required to examine the vehicle identification number of the same vehicle more than once in the same calendar year when the dealer knows that the person in possession of the vehicle is the lawful owner. The dealer shall promptly notify the local sheriff’s office if the vehicle identification number of the vehicle has been altered, changed or obliterated as to make the number indecipherable or if the vehicle identification number or the state registration license number of the vehicle does not correspond with the vehicle identification number of the vehicle state registration certificate.
  2. Any person knowingly violating this section shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00), by imprisonment in the county jail not to exceed six (6) months, or both.
  3. Any person knowingly and with intent to defraud violating this section shall be punished by a fine not to exceed five thousand dollars ($5,000.00), by imprisonment not to exceed five (5) years, or both.

History. Laws 1979, ch. 152, § 1; W.S. 1977, § 31-11-111 ; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

Law reviews. —

For article, “The Changing Structure of Criminal Sentencing,” see XVIII Land & Water L. Rev. 591 (1983).

§ 31-11-109. Report of stored or parked vehicles; offenses and penalties.

  1. Whenever any vehicle has been stored, parked or left in a garage, or any type of storage or parking lot for more than thirty (30) days, the owner of the garage or lot shall report the make, engine number, vehicle identification number and serial number of the vehicle in writing to the sheriff of the county in which the garage or lot is located.
  2. Nothing in this section applies where:
    1. Arrangements have been made for continuous storage or parking by the owner of the vehicle parked or stored;
    2. Arrangements for towing or storage have been made by a law enforcement agency; or
    3. The owner of the vehicle is personally known to the owner or operator of the garage or lot.
  3. Any person who fails to submit the report required under this section at the end of thirty (30) days shall forfeit all claims for storage of the vehicles.

History. Laws 1979, ch. 152, § 1; W.S. 1977, § 31-11-112; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

§ 31-11-110. Surrender and cancellation of certificate of title; penalties for violations.

  1. The owner of any vehicle for which a Wyoming certificate of title has been issued, upon the destruction or dismantling of the vehicle or upon its being changed in such a manner that it is no longer a vehicle, or upon its being sold or otherwise disposed of as salvage, shall surrender his certificate of title to the department and take a receipt therefor. Upon the owner’s procuring the consent of the holders of any security interest noted on the certificate of title and shown to be unreleased, the certificate may be cancelled.
  2. Any person who knowingly violates this section shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00), by imprisonment not to exceed six (6) months, or both.
  3. Any person who, with intent to defraud, violates this section shall be punished by a fine not to exceed five thousand dollars ($5,000.00), by imprisonment not to exceed five (5) years, or both.

History. Laws 1979, ch. 152, § 1; W.S. 1977, § 31-11-113; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

§ 31-11-111. Seizure of vehicles by officers.

All officers, having probable cause, may take and hold possession of any vehicle for a reasonable time not to exceed ninety (90) days as may be necessary if the vehicle identification number of the vehicle has been altered, removed, changed or obliterated. Any officer taking possession of a vehicle shall immediately notify the local sheriff’s office and the rightful owner, if known. The notification shall contain a description of the vehicle and any other facts that may assist in locating the rightful owner or in prosecuting any person for a violation of law.

History. Laws 1979, ch. 152, § 1; W.S. 1977, § 31-11-114; Laws 1984, ch. 48, § 1; 1985, ch. 183, § 1.

Chapter 12 Damage to Highways

Cross references. —

As to property destruction and defacement generally, see § 6-3-201 et seq.

As to highways generally, see title 24.

§ 31-12-101. Metal tires with projections.

  1. Motor vehicles, trailers and all other vehicles, contrivances or devices having metal tires shall not be operated over any of the oil, asphalt or concrete surfaced highways of the state, if the vehicle has on the periphery of any of the road wheels, any lug, flange, cleat, ridge, bolt or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire, unless the highway is protected by putting down solid planks or other suitable material, or by attachments to the wheels so as to prevent the vehicles from damaging the highway except:
    1. This prohibition does not apply to tractors equipped with what is known as caterpillar treads, when the caterpillar does not contain any projection of any kind likely to injure the surface of the road;
    2. It is permissible to move farm machinery other than tractors having protuberances that will not injure the highways;
    3. It is permissible to use tire chains of reasonable proportions upon any vehicle when required because of snow, ice or other conditions tending to cause the vehicle to slide or skid.

History. Laws 1931, ch. 7, § 1; R.S. 1931, § 72-801; C.S. 1945, § 60-1001; W.S. 1957, § 31-326; Laws 1984, ch. 48, § 1.

Editor's notes. —

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

§ 31-12-102. Penalties.

Any person violating W.S. 31-12-101 is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), by imprisonment in the county jail for not more than thirty (30) days, or both.

History. Laws 1931, ch. 7, § 2; R.S. 1931, § 72-802; C.S. 1945, § 60-1002; W.S. 1957, § 31-327; Laws 1984, ch. 48, § 1.

§ 31-12-103. General liability.

Any person operating, driving or moving any vehicle, object or contrivance over a street, highway or bridge is liable for all damages which the street, highway, bridge or appurtenances thereto or other structures in connection therewith, may sustain, as a result of any illegal or negligent operation or as a result of operating, driving or moving any vehicle, object or contrivance in excess of the maximum weight or height specified and prescribed by law although authorized by a special permit issued as provided by law.

History. Laws 1953, ch. 27, § 2; C.S. 1945, § 60-805; W.S. 1957, § 31-330; W.S. 1977, § 31-12-202; Laws 1984, ch. 48, § 1.

Cross references. —

As to liability for damage from violation of reduced load limits for specific highways or sections thereof, or bridges, see § 31-18-802(a)(viii).

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.

Measure and elements of damages for injury to bridge, 31 ALR5th 171.

§ 31-12-104. Liability for cost of safety precautions; applicability of liability to vehicle owner, lessee or bailee.

  1. The liability provided by W.S. 31-12-103 through 31-12-105 shall include the cost of necessary safety precautions, such as warning traffic and the removal of debris resulting from accidents.
  2. The liability provided by W.S. 31-12-103 through 31-12-105 shall apply to an owner, lessee or bailee of a vehicle, object or contrivance which is operated, driven or moved under his employ or with his express or implied permission. The owner, lessee or bailee and the driver or operator shall be jointly and severally liable for any damage.

History. Laws 1953, ch. 27, §§ 3, 4; C.S. 1945, §§ 60-806, 60-807; W.S. 1957, §§ 31-331, 31-332; W.S. 1977, §§ 31-12-203, 31-12-204; Laws 1984, ch. 48, § 1.

Cross references. —

As to dropping or throwing material on highway and removal of injurious material, see § 31-5-117 .

Law reviews. —

For comment, “Wyoming Tort Reform and the Medical Malpractice Insurance Crisis: A Second Opinion,” see XXVIII Land & Water L. Rev. 593 (1993).

§ 31-12-105. Claims by governmental agencies.

The department, in respect to streets, highways, bridges or appurtenances thereto or structures in connection therewith, under its jurisdiction may present claims for liability under W.S. 31-12-103 and 31-12-104 , bring actions in the name of the transportation commission of Wyoming for recovery thereon, together with the costs and expenses incurred in any action, and may settle and compromise claims which may arise. Local authorities in respect to streets, highways, bridges or appurtenances thereto or structures in connection therewith, under their respective jurisdictions may present claims for liability under this act [§§ 31-12-103 through 31-12-105 ], bring actions for recovery thereon, together with the costs and expenses incurred in any action, and settle and compromise claims which may arise.

History. Laws 1953, ch. 27, § 5; C.S. 1945, § 60-808; W.S. 1957, § 31-333; W.S. 1977, § 31-12-205; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3.

Chapter 13 Abandoned Vehicles

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

State or municipal towing, impounding or destruction of motor vehicles parked or abandoned on streets or highways, 32 ALR4th 728.

Search and seizure: what constitutes abandonment of personal property within rule that search and seizure of abandoned property is not unreasonable — modern cases, 40 ALR4th 381.

§ 31-13-101. Definitions.

  1. As used in this act:
    1. Repealed by Laws 1991, ch. 241, § 4.
    2. “Department” means the department of transportation;
    3. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;
    4. “Lienholder” means a person holding a valid security interest in a vehicle;
    5. “Local authorities” means as provided by W.S. 31-5-102(a)(xix);
    6. “Owner” means as provided by W.S. 31-5-102(a)(xxvi);
    7. “Police officer” means as provided by W.S. 31-5-102(a)(xxxiii);
    8. “Registration” means the certificate of title or certificates and registration card issued under the laws of this state pertaining to the registration of vehicles;
    9. “Vehicle” means:
      1. As provided by W.S. 31-5-102(a)(lviii) excepting every vehicle which is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of his agricultural operations;
      2. A housetrailer as provided by W.S. 31-1-101(a)(xxiii)(A) which is not installed on a permanent foundation and which is not taxable as real property;
      3. A transportable home as provided by W.S. 31-1-101(a)(xxiv)(C) which is not installed on a permanent foundation and which is not taxable as real property; or
      4. Watercraft titled under W.S. 31-2-101(b).
    10. “Abandoned vehicle” means:
      1. Any vehicle left unattended on a highway for more than twenty-four (24) hours after a notice of intent to impound has been placed on the vehicle by a police officer pursuant to this act;
      2. Any vehicle left unattended on public or private property without the oral or written consent of the owner or person in lawful possession or control of the property for more than five (5) days after a notice of intent to impound has been placed on the vehicle by a police officer pursuant to this act;
      3. Any vehicle left unattended or unclaimed on private property for more than thirty (30) days without the oral or written consent of the owner or the person in lawful possession or control of the property or for more than thirty (30) days after the expiration of the oral or written consent;
      4. Any vehicle removed or stored at the request of a police officer and left unattended or unclaimed for more than ten (10) days after the owner of the vehicle or his agent removes personal property from the vehicle, provided the person who has custody of the vehicle informs the owner or agent in writing, before the personal property is released, that the vehicle may be deemed abandoned and disposed of pursuant to this act if the owner or agent does not enter into a written agreement to pay the charges for towing and storage.
    11. “Junk vehicle” means a wrecked, damaged, disabled or apparently inoperable vehicle defined as abandoned under subparagraph (x)(C) or (D) of this subsection which has a fair market value of less than two thousand dollars ($2,000.00);
    12. “Personal property” means all property within the vehicle which is not mounted, attached or affixed to the vehicle. The cargo carried on commercial vehicles is not considered personal property;
    13. “Proper identification” means identification which would be sufficient to establish authorization to release the vehicle;
    14. “Towing and recovery service” means any person engaged in business and operating a wrecker, tow truck or other vehicle equipped with a mechanical apparatus designed to hoist, pull or move a vehicle that is wrecked, damaged, disabled, abandoned or otherwise creating a safety hazard, and which meets all requirements of the local authorities in the respective jurisdiction and the requirements of the department;
    15. “This act” means W.S. 31-13-101 through 31-13-116 .

History. Laws 1963, ch. 115, § 1; W.S. 1957, § 31-338; Laws 1973, ch. 217, § 2; W.S. 1977, § 31-14-101 ; Laws 1984, ch. 48, § 1; 1989, ch. 256, § 2; 1991, ch. 241, §§ 3, 4; 2016 ch. 109, § 2, effective July 1, 2016; 2017 ch. 107, § 1, effective July 1, 2017.

Editor's notes. —

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

The 2016 amendment, effective July 1, 2016, redesignated former (a)(x) as (a)(xv) and added (a)(x) through (a)(xiv).

The 2017 amendment, effective July 1, 2017, added (a)(ix)(D); and made a related change.

Cited in

Minnehoma Fin. Co. v. Pauli, 565 P.2d 835, 1977 Wyo. LEXIS 308 (Wyo. 1977).

§ 31-13-102. Powers and duties of department; responsibility of the county.

  1. The department shall administer the provisions of this act.
  2. The department may adopt rules and regulations as necessary to carry out the provisions of this act.
  3. The removal, preservation, custody, storage and sale of abandoned vehicles impounded by a police officer are the responsibility of the county in which the vehicle is impounded.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-339.1; W.S. 1977, § 31-14-102 ; Laws 1984, ch. 48, § 1; 1989, ch. 256, § 2; 1991, ch. 241, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsections (a) and (b), see § 31-13-101(a)(x).

§ 31-13-103. Uniformity of provisions.

The provisions of this act shall be applicable and uniform throughout this state and in all political subdivisions therein but any city or town may enact or enforce any ordinance on a matter covered by this act which shall supersede this act to the extent that any conflict exists.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-340.1; W.S. 1977, § 31-14-103 ; Laws 1984, ch. 48, § 1; 1985, ch. 23, § 1.

Meaning of “this act.” —

For definition of “this act,” referred to throughout this section, see § 31-13-101(a)(x).

§ 31-13-104. Abandonment on highway or property; removal; transportable homes; title to vehicle; notice of intent to impound; notice of towing.

  1. No person shall abandon a vehicle upon any highway.
  2. No person shall abandon a vehicle upon any public or private property without the express consent of the owner or person in lawful possession or control of the property.
  3. Any police officer who has reasonable grounds to believe that a vehicle has been abandoned may remove the vehicle, or cause it to be removed, at the expense of the owner to a place of impoundment designated by the county commissioners of the county in which the vehicle is impounded. Removal of an abandoned vehicle from private property by a police officer shall be upon the written request, upon a form prescribed by the department, of the owner or person in lawful possession or control of the property. The police department having jurisdiction shall immediately send a written report of the removal by a police officer to the sheriff of the county in which the vehicle is impounded, which report shall include a description of the vehicle, the date, time and place of removal, the grounds for removal, and place of impoundment of the vehicle. The sheriff of the county in which the vehicle is impounded shall submit the report provided by the police department to the department with a determination of the fair market value of the vehicle as required in this subsection. Upon receipt of a report as provided, the department shall provide written notification to the vehicle owner of record and to lienholders of record, stating the grounds for removal by a police officer and the name of the place of impoundment of the vehicle. Notice shall not be required if the fair market value of an abandoned vehicle removed by a police officer is less than two thousand dollars ($2,000.00) as determined by the sheriff of the county in which the vehicle is impounded. As to vehicles not registered in this state, the department shall make a reasonable effort to notify the owner or any lienholder of removal by a police officer and the place of impoundment of the vehicle. The department shall forward a copy of the notice to the owner or person in charge of the place of impoundment of a vehicle removed by a police officer. As used in this subsection, “abandoned vehicle” means as defined in W.S. 31-13-101(a)(x)(A) and (B).
  4. A transportable home impounded pursuant to this section shall be disposed of in accordance with W.S. 31-13-109 .
  5. Except as otherwise provided by law, title to any vehicle impounded by a police officer not reclaimed by the registered owner or any lienholder within thirty (30) days of the notice provided by subsection (c) of this section shall vest with the county government where the vehicle is impounded.
  6. A notice of intent to impound an abandoned vehicle by a police officer shall be placed in a prominent position on a vehicle when a police officer reasonably believes it is abandoned. The notice of intent shall remain on the vehicle at least twenty-four (24) hours prior to removal if abandoned on a highway and five (5) days if abandoned on public or private property and impounded by a police officer.
  7. Any towing and recovery service that tows a vehicle which is not otherwise under the control of a city, town or county and is defined as abandoned under W.S. 31-13-101(a)(x) shall:
    1. Notify the sheriff of the county in which the vehicle is located within thirty (30) minutes upon completion of tow and report 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; and
    2. Request a title search report upon a form prescribed by the department within three (3) business days after towing the vehicle. Upon receipt of the request, the department shall make reasonable efforts to identify the owner and any lienholders of record. The department shall forward the information obtained to the towing and recovery service within five (5) business days of receipt of the request for any vehicle registered in Wyoming or within seven (7) business days of receipt of the request for any vehicle registered in another jurisdiction; and
    3. Send, by certified mail, return receipt requested, notice to the latest known address of the vehicle owner and all lienholders of record, if identified by the department under paragraph (ii) of this subsection or by other means, which shall notify the owner and all lienholders that the vehicle has been towed and may be disposed of pursuant to this act. The notice shall be sent within three (3) business days of identifying of the latest known address of the vehicle owner and all lienholders of record.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-340.2; W.S. 1977, § 31-14-104 ; Laws 1981, ch. 92, § 1; 1983, ch. 39, § 1; 1984, ch. 48, § 1; 1987, ch. 183, § 1; 1989, ch. 256, § 2; 1993, ch. 187, § 1; 2016 ch. 109, § 2, effective July 1, 2016; 2021 ch. 105, § 1, effective July 1, 2021.

Cross references. —

As to removal of illegally stopped vehicles, see § 31-5-508 .

The 2016 amendment, effective July 1, 2016, in (c), substituted “less than two thousand dollars ($2,000.00)” for “six hundred dollars ($600.00) or less,” and added the last sentence; in (d), deleted “For purposes of this section a vehicle is presumed to be abandoned if it is left unattended on a highway for more than twenty-four (24) hours after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section, or on any public or private property without express consent of the owner or person in lawful possession or control of the property for more than five (5) days after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section. Notwithstanding any other provisions of law to the contrary, any vehicle left unattended on private property for thirty (30) days after the expiration of the consent, oral or written, of the owner or the person in lawful possession or control of the property is presumed abandoned five (5) days after a notice of intent to impound has been placed on it pursuant to subsection (f) of this section.” preceding the last sentence; and added (g).

The 2021 amendment, effective July 1, 2021, substituted "fair market" for "retail" in the fourth and sixth sentences of (c); and added "return receipt requested," in the first sentence of (g)(iii).

Leaving vehicle unattended, by itself, is not violation of Wyoming law. United States v. Ibarra, 955 F.2d 1405, 1992 U.S. App. LEXIS 1449 (10th Cir. Wyo. 1992).

§ 31-13-105. Limitations on possession; presumption of abandonment; exceptions; expense of removal.

  1. No person shall possess four (4) or more abandoned vehicles on his property or on property which is in his lawful possession or control, if any four (4) or more of the vehicles are visible from a highway for more than thirty (30) consecutive days.
  2. For purposes of this section a vehicle shall be presumed to be abandoned if it is in an inoperable condition and is not currently registered.
  3. This section shall not apply to:
    1. Antique or historic motor vehicles as defined by W.S. 31-1-101(a)(xv)(A);
    2. Vehicles kept in an enclosed garage or storage building;
    3. Vehicles used for riprap on rivers, streams or reservoirs, or for erosion control;
    4. Persons licensed in accordance with W.S. 31-13-114 ; or
    5. Vehicles used for educational or instructional purposes.
  4. A police officer may remove, or cause to be removed, any vehicle which has been abandoned under this section, at the expense of the person possessing the vehicle, to a place of impoundment designated by the county commissioners of the county in which the vehicle is impounded. Vehicles impounded under this section shall be disposed of in the manner provided by this act.
  5. through (h) Repealed by Laws 1989, ch. 256, § 4.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-340.3; W.S. 1977, § 31-14-105 ; Laws 1984, ch. 48, § 1; 1987, ch. 209, § 2; 1989, ch. 256, §§ 2, 4; 2000, ch. 48, § 2.

Meaning of “this act.” —

For the definition of “this act,” as referred to in the second sentence in subsection (d), see § 31-13-101(a)(x).

§ 31-13-106. Mailing of notice of impoundment by a police officer; notice by publication.

  1. The notice required by W.S. 31-13-104 shall be provided by the department by personal delivery thereof to the person to be notified or by deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at his address as shown by the records of the department. Notice by mail is complete upon the expiration of four (4) days following deposit of the notice. Proof of the providing of notice shall be made by the certificate of any officer or employee of the department or affidavit of any person over eighteen (18) years of age, naming the person to whom notice was provided and specifying the time, place and manner thereof.
  2. The notice required by W.S. 31-13-104 , if the identity of the vehicle owner of record or lienholders of record, if any, cannot be determined or if the registration contains no address for the owner, shall be by one (1) publication in a newspaper of general circulation in the county where the vehicle was abandoned. Notice by publication may contain multiple listings of abandoned vehicles. Any notice shall be in compliance with the provisions of subsection (a) of this section.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-341.1; W.S. 1977, § 31-14-106 ; Laws 1984, ch. 48, § 1; 1989, ch. 256, § 2.

§ 31-13-107. Redemption.

Any person upon satisfactory proof of ownership or right to possession may redeem an impounded vehicle by paying the charges of towing, storage, notice, all other costs of impoundment, and any penalties imposed by the law of this state.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-341.2; W.S. 1977, § 31-14-107 ; Laws 1984, ch. 48, § 1.

§ 31-13-108. Disposition of abandoned vehicles impounded by a police officer; payment of expenses; extinguishment of liens.

  1. As to vehicles impounded by a police officer having a fair market value of two thousand dollars ($2,000.00) or more after thirty (30) days have elapsed from the date notice was given as provided in W.S. 31-13-106 , the sheriff shall sell the vehicle and its contents, if any, at public auction to the highest bidder or cause an action to be filed pursuant to W.S. 31-13-112(e). Notice of the sale shall be published once in a newspaper of general circulation in the county where the vehicle is impounded not less than ten (10) days preceding the date of the sale, giving a full description of the vehicle together with engine or serial numbers or marks, if any, and the amount of money claimed to be due thereon and the time and place of sale. All expenses incident to the removal, preservation, custody, sale and storage of the vehicle shall be paid and any proceeds shall be distributed pursuant to W.S. 31-13-111 . After any vehicle has been sold under this section, the former owner, 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.
  2. As to vehicles having a fair market value of less than two thousand dollars ($2,000.00) and impounded by a police officer, they shall be disposed of by contract to persons licensed under W.S. 31-13-114 or by public auction.
  3. through (e) Repealed by Laws 1989, ch. 256, § 4.
  4. The sheriff may sell for any person an abandoned vehicle as defined in this act and may charge a fee for the sale equal to ten dollars ($10.00) plus the actual costs of publication and all other costs related to the sale. Except as otherwise provided in W.S. 31-13-111(f), the proceeds of the sale conducted pursuant to this subsection less the expenses of the sale and the amount of any liens on the vehicle shall be given to the person on whose property the vehicle was abandoned.

History. Laws 1963, ch. 115, § 5; W.S. 1957, § 31-342; Laws 1973, ch. 217, § 2; W.S. 1977, § 31-14-108 ; Laws 1983, ch. 39, § 1; 1984, ch. 48, § 1; 1987, ch. 183, § 1; 1989, ch. 256, §§ 2, 4; 2016 ch. 109, § 2, effective July 1, 2016; 2021 ch. 105, § 1, effective July 1, 2021.

The 2016 amendment, effective July 1, 2016, substituted “two thousand dollars ($2,000.00)” for “six hundred dollars ($600.00)” in (a) and (b); and at the end of (b), substituted “W.S. 31-13-114 or by public auction” for “this act or by auction.”

The 2021 amendment, effective July 1, 2021, substituted "fair market" for "retail" in (a) and (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b) and the first sentence in subsection (f), see § 31-13-101(a)(x).

§ 31-13-109. Disposition of vehicles left unattended or unclaimed on private property and sold by the property owner or through a court action.

  1. A vehicle defined as abandoned under W.S. 31-13-101(a)(x)(C) may be sold by the owner or person in lawful control of the property on which the vehicle is left unattended or unclaimed at public auction to the highest bidder or may be sold following an action filed pursuant to W.S. 31-13-112(e). The thirty (30) day period begins on the first day the owner or person in lawful control of the property has knowledge the vehicle is left unattended or unclaimed without consent or after consent has expired.
  2. After the time period provided in subsection (a) of this section has expired, or within the time requirements provided in W.S. 31-13-104(g) for a towing and recovery service, the owner or person in lawful control of the property shall give a written report to the department on a form prescribed by the department containing the following information:
    1. A description of the make, year, model, license plate number and state indicator if available, and vehicle identification number of the vehicle;
    2. The names and addresses of the vehicle owner or driver and any lienholders if known;
    3. The name and  address of the owner of the property where the vehicle was left unattended or unclaimed;
    4. The date the  vehicle was left unattended or unclaimed without the express consent or after the expiration of consent of the owner or person in  lawful control of the property;
    5. If the vehicle is removed, the date, time and location of removal and the name and address of the person who removed the vehicle; and
    6. The address of the current location of the vehicle.
  3. Upon receipt of the report provided in subsection (b) of this section, the department shall make reasonable efforts to identify the owner and any lienholders of record. The department shall forward the information obtained to the owner or person in lawful control of the property.
  4. The owner or person in lawful control of the property shall give a written notice of sale after the thirty (30) day time period provided in subsection (a) of this section expires but not less than ten (10) days preceding the date of sale to the sheriff of the county in which the vehicle is sold and by certified mail, return receipt requested, to the owner and any lienholder of record, if they are identified through reasonable efforts. The owner or person in lawful control of the property shall publish notice of the sale once per week for two (2) consecutive weeks in a newspaper of general circulation in the county where the vehicle is abandoned. The notice shall contain the following:
    1. A complete description of the make, year, model, license plate number and state indicator if available, and vehicle identification number of the vehicle;
    2. The amount  of money claimed for expenses incident to the removal, preservation,  custody, storage and sale and if the vehicle is left unattended or unclaimed at an establishment for  service, repair, towing and recovery or maintenance, the cost of the services; and
    3. The time and place of the sale.
  5. All proceeds  from the sale pursuant to this section may be retained by the person  selling the vehicle. The owner or lienholder is entitled to recover  from the person selling the vehicle any proceeds of the sale in excess  of the costs of the sale and monies owed for expenses related to removal,  preservation, custody, storage and sale and if left unattended or unclaimed at an establishment for  service, repair, towing and recovery or maintenance, the cost of the services provided an action is filed  in the proper court for recovery within one hundred twenty (120) days  of the sale.
  6. Upon receipt of satisfactory evidence from the seller that he has complied with this section and sold the vehicle, the sheriff shall execute a certificate of sale in duplicate for a fee of seven dollars and fifty cents ($7.50) to be deposited in the county general fund. W.S. 31-13-110 and 31-13-111(a) and (f) apply to any sale under this subsection. Satisfactory evidence of compliance requires the following:
    1. A copy of the record required to be filed with the department;
    2. A copy of the information provided by the department pursuant to subsection (c) of this section; and
    3. Copies of the notice of the sale and proof of mailing and publication required by subsection (d) of this section.
  7. At any time before a sale under this section, the owner or lienholder of record may reclaim the vehicle upon payment of expenses incident to removal, preservation, custody, storage and sale, and if a vehicle was left unattended or unclaimed at an establishment for service, repair, towing and recovery or maintenance, the cost of the services. Storage expenses shall be computed at the rate of twenty dollars ($20.00) per day and the total allowable expenses for removal, towing, storage and sale shall not exceed one thousand dollars ($1,000.00).
  8. A sheriff who executes a certificate of sale under this section is not liable to any person for damages resulting from the sale of a vehicle under this section.
  9. No person shall sell a vehicle under this section if a written court order prohibiting the sale is served on the proposed seller. The court order shall be served on the person selling the vehicle prior to the sale and shall not be issued except for good cause.
  10. Upon the sale of a vehicle under this section, the former owner, any lienholder or any 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.

History. Laws 1989, ch. 256, § 1; 2011, ch. 128, § 1; 2016 ch. 109, § 2, effective July 1, 2016; 2021 ch. 105, § 1, effective July 1, 2021.

Cross references. —

For present location of former § 31-13-109 , see § 31-13-110 .

The 2011 amendment, effective July 1, 2011, in (g), substituted “ten dollars ($10.00)” for “five dollars ($5.00).”

The 2016 amendment , effective July 1, 2016, inserted “or unclaimed” following “unattended” in all occurrences except the first sentence of (a); inserted “towing and recovery” following “repair” in in (a), (d), (d)(ii), (e), and (g); in (a), in the first sentence, substituted “A vehicle defined as abandoned under W.S. 31-13-101(a)(x)(C)” for “Any vehicle left unattended on private property without the express consent of the owner or person in lawful control of the property for at least thirty (30) consecutive days,” and in the second and last sentences inserted “or after consent has expired” following “consent”; in (b)(iii), inserted “or unclaimed” at the end; in (b)(iv), inserted “or after the expiration of consent” following “consent”; in (d)(2), (e), and (g), inserted “towing and recovery” following “repair”; and in (g) substituted “twenty dollars ($20.00)” for “ten dollars ($10.00)” and added “and the total allowable expenses for removal, towing, storage and sale shall not exceed seven hundred sixty dollars ($760.00)” at the end.

The 2021 amendment, effective July 1, 2021, deleted the former last sentence of (a), which read, "For purposes of a vehicle left unattended without express consent or after consent has expired at an establishment for the service, repair, towing and recovery or maintenance of the vehicle, the thirty (30) day period begins on the day following the period when pursuant to an agreement the vehicle was to remain at the establishment"; added "or within the time requirements provided in W.S. 31-13-104(g) for a towing and recovery service," in (b); added "if available" following "state indicator" in (b)(i) and (d)(i); added ", return receipt requested," in the first sentence of (d); and in (g), substituted "before" for "prior to" in the first sentence and "one thousand dollars ($1,000.00)" for "seven hundred sixty dollars ($760.00)" in the second sentence.

Editor's notes. —

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

§ 31-13-110. Certificate of sale; certificate of title.

When any vehicle is sold, the sheriff, at the time of payment of the purchase price, shall execute a certificate of sale in duplicate. The original certificate of sale shall be delivered to the purchaser and the copy shall be retained by the sheriff. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle and a stipulation that no warranty is made as to the condition or title of the vehicle. The purchaser upon presentation of the certificate of sale to the county clerk of any one (1) of the counties of Wyoming, and payment of the fees required by law shall be issued a certificate of title for the vehicle.

History. Laws 1963, ch. 115, § 6; W.S. 1957, § 31-343; Laws 1973, ch. 217, § 2; W.S. 1977, § 31-14-109 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-109 ; Laws 1989, ch. 256, § 2; 2016 ch. 109, § 2, effective July 1, 2016.

The 2016 amendment, effective July 1, 2016, deleted “and a registration card” following “title” in the last sentence.

Cross references. —

For present location of former § 31-13-110 , see § 31-13-111 .

§ 31-13-111. Transmission of return of sale and sale proceeds to county treasurer; payment of expenses and taxes; county abandoned vehicle account; duplicate receipts for proceeds; action for recovery of proceeds.

  1. When any vehicle is sold under this act the sheriff selling the vehicle shall transmit to the county treasurer of the county in which the vehicle was impounded, in duplicate, a return of sale setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale, removal, preservation, custody and storage of the vehicle.
  2. The sheriff shall transmit to the county treasurer of the county in which the vehicle was impounded by a police officer, with the return of sale, the proceeds of the sale. Upon receipt of the return of sale and proceeds, the county treasurer shall deposit the proceeds in the general funds in the county treasury to the credit of an account to be known as the county abandoned vehicle account. The account is continuously appropriated only for the purpose of this act. When the account totals an amount necessary to carry out the purposes of this act, as set by the board of county commissioners for that county, but not to exceed one dollar ($1.00) for each resident in the county, according to the last federal census, all revenues thereafter received under this subsection and W.S. 31-3-103(f), together with all interest earned on the account, shall be transferred to the general funds of the county treasurer. Upon receipt of the return of sale disclosing the costs incurred the costs shall be paid from the county abandoned vehicle account to each person or transferred to each governmental entity incurring the expenses. If the expenses exceed the sale proceeds, the allowable expenses prescribed in paragraph (g)(ii) of this section shall be paid.
  3. The county treasurer shall forward to the sheriff duplicate receipts for proceeds received by the county treasurer under subsection (b) of this section. The sheriff shall file one (1) of each receipt with the county clerk.
  4. Repealed by Laws 1993, ch. 27, § 2.
  5. The owner or lienholder of a vehicle impounded by a police officer and sold pursuant to W.S. 31-13-108 is entitled to recover from the county any proceeds of the sale in excess of the costs of the sale, monies owed for expenses related to removal, preservation, custody, storage and sale of the vehicle and taxes provided an action is filed in the proper court for recovery within one hundred twenty (120) days of the sale.
  6. Notwithstanding any other provision in this act, the proceeds of the sale of any housetrailer or transportable home as defined in W.S. 31-13-101(a)(ix)(B) and (C) which is abandoned and sold pursuant to this act shall first satisfy the costs incurred in the sale, removal, preservation, custody and storage of the vehicle. Any balance then remaining shall be paid against any taxes due and owing. 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. Any remaining taxes due and owing are cancelled.
  7. If the vehicle was abandoned on a highway or other public property, the allowable expenses shall be paid from the county abandoned vehicle account provided for by W.S. 31-13-111(b) and administered as follows:
    1. The county shall make reasonable efforts to locate the owner of the abandoned vehicle if the owner is known to be a resident of the county in which the vehicle is abandoned and to collect the expenses from the local owner;
    2. The allowable expenses are:
      1. Removal or towing  costs of six dollars ($6.00) for  every mile the vehicle is towed or one hundred  dollars ($100.00) whichever is greater;
      2. Storage charges  with a maximum amount allowed of twenty  dollars ($20.00) per day for no more than thirty (30) days;
      3. Sale and title  costs not to exceed sixty dollars ($60.00);  and
      4. A seven hundred sixty dollar ($760.00) limit  for the total expenses associated with each abandoned vehicle.
    3. Payment of the expenses associated with vehicles abandoned on private property shall not be provided from the county abandoned vehicle account.

History. Laws 1963, ch. 115, § 7; W.S. 1957, § 31-344; W.S. 1977, § 31-14-110 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-110 ; Laws 1989, ch. 256, § 2; 1993, ch. 27, §§ 1, 2; ch. 209, § 1; 2003, ch. 142, § 1; 2009, ch. 170, § 1; 2016 ch. 109, § 2, effective July 1, 2016.

Cross references. —

For present location of former § 31-13-111 , see § 31-13-112 .

The 2009 amendment, effective July 1, 2009, substituted “the last federal census” for “the most recent decennial federal census in the fourth sentence of (b).”

The 2016 amendment, effective July 1, 2016, substituted “six dollars ($6.00)” for “four dollars ($4.00)” and “one hundred dollars ($100.00)” for “sixty dollars ($60.00)” in (g)(ii)(A); substituted “twenty dollars ($20.00) per day for no more than thirty (30) days” for “thirty dollars ($30.00)” in (g)(ii)(B), substituted “sixty dollars ($60.00)” for “thirty dollars ($30.00)” in (g)(ii)(C); and substituted “seven hundred sixty dollar ($760.00)” for “two hundred dollar ($200.00)” preceding “limit” in (g)(ii)(D).

Editor's notes. —

Laws 2009 ch. 170, § 3, provides: “(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsections (a), (b) and (f), see § 31-13-101(a)(x).

§ 31-13-112. Release of liability for removal and storage of, and for lost or damaged items in, abandoned vehicles; disposition of personal property within a vehicle; optional court action.

  1. A person who removes or stores a vehicle under this act or otherwise at the request of a police officer, shall not incur any civil liability for the removal or storage except for failure to exercise reasonable care in the performance of the removal or storage.
  2. If any vehicle is removed from any highway, or public or private property as provided herein, the owner of the vehicle may not institute in any state court a suit in law or equity against any police officer or his agents for the recovery of the value of any item in or on the vehicle that may be lost, stolen or damaged resulting therefrom.
  3. A person who has custody of a vehicle removed or stored or otherwise at the request of a police officer shall release the personal property within the vehicle to the owner of the vehicle or a person acting as agent for the owner during regular office hours upon presentation of proper identification. No charge may be assessed against the owner or agent for the removal or release of the personal property.
  4. A vehicle defined as abandoned under W.S. 31-13-101(a)(x)(D), including vehicles left unattended or unclaimed at an establishment for towing and recovery services, may be disposed of as are other abandoned vehicles.
  5. A property owner or person in lawful control of the property upon which a vehicle is abandoned or any sheriff who is authorized to sell an abandoned vehicle pursuant to this act may in lieu of selling the vehicle, file or cause to be filed by the county attorney if a sheriff, an action in the county where the vehicle is impounded in the circuit court. The action shall be in rem and against the vehicle, vehicle owner, and all known and unknown parties with an interest in the vehicle. The defendants in the action shall be served as provided in the Wyoming Rules of Civil Procedure. Judgment in the civil action is limited to the value of the vehicle as determined by its sale price at the sale conducted by the sheriff after judgment is entered. All expenses incident to the removal, preservation, custody, sale and storage of the vehicle shall be paid. Except as otherwise provided in W.S. 31-13-111 (f), any remaining proceeds:
    1. Shall be distributed pursuant to W.S. 31-13-111 if a vehicle is impounded by a police officer pursuant to W.S. 31-13-104 ; or
    2. May be retained by the property owner or person in lawful control of the property upon which a vehicle is abandoned who files an action pursuant to this subsection.
  6. After any vehicle has been sold under subsection (e) of this section, the former owner, 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.
  7. Repealed by  Laws 2016, ch. 109, §  3.

History. Laws 1963, ch. 115, § 9; W.S. 1957, § 31-346; Laws 1973, ch. 217, § 2; W.S. 1977, § 31-14-111 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-111 ; Laws 1989, ch. 256, § 2; 2000, ch. 24, § 4; 2004, ch. 42, § 1; 2016 ch. 109, §§ 2, 3, effective July 1, 2016.

Cross references. —

For present location of former § 31-13-112 , see § 31-13-114 .

As to service of process, see Rules 4 and 5, W.R.C.P.

The 2004 amendment, in (e), deleted “justice of the peace court or” following “impounded in the.”

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 2016 amendments. — The first 2016 amendment, by ch. 109 § 2, effective July 1, 2016, in (d), deleted “If the owner of a vehicle or his agent removes the personal property from a vehicle which is stored at the request of a police officer, the vehicle shall be deemed abandoned unless within ten (10) days from the date of removal the owner or agent enters into a written agreement to pay the full charges for towing and storage. The owner or agent shall be informed in writing of this provision by the person who has custody of the vehicle before the personal property is released” at the beginning, and in the last sentence substituted “defined as abandoned under W.S. 31-13-101(a)(x)(D), including vehicles left unattended or unclaimed at an establishment for towing and recovery services,” for “deemed abandoned under this section.”

The second 2016 amendment, by ch. 109 § 3, effective July 1, 2016, repealed former (g).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a) and in the first sentence in subsection (e), see § 31-13-101(a)(x).

§ 31-13-113. [Repealed.]

Repealed by Laws 1993, ch. 27, § 2.

Editor's notes. —

This section, which derived from Laws 1989, ch. 256, § 1, related to the state abandoned vehicle account.

§ 31-13-114. Licensing of storage and disposal facilities; records by licensees.

  1. No person shall, unless licensed to do so by the department:
    1. Sell as a business used parts of or used accessories for vehicles;
    2. Wreck or dismantle vehicles as a business for resale of the parts thereof;
    3. Rebuild wrecked or dismantled vehicles as a business; or
    4. Engage as a business in the storage or disposal of vehicles, the parts of which are suitable for reuse or recycling.
  2. Application for a license shall be made on a form prescribed by the department containing the name of the applicant, the address or addresses where the business or activity is to be conducted, the nature of the business or activity, enumerated in subsection (a) of this section, the residence address of the applicant if an individual, the names and residence addresses of the partners of the applicant if a partnership, the names and residence of the principal officers of the applicant, and the state of its incorporation if a corporation. The application shall be verified by the oath or affirmation of the applicant if a sole proprietorship, by a partner if a partnership, or by an officer if a corporation. The application shall be accompanied by a fee of twenty-five dollars ($25.00) to be paid into the highway fund.
  3. The department shall issue to an applicant a license to carry on and conduct a business or activity as specified in the application for a period of one (1) year following the date on which the license is issued. The department shall reissue the license to the applicant when it is satisfied the applicant has complied with this act and the laws of this state relating to registration and certificates of titles of vehicles.
  4. The department shall suspend or revoke a license, upon fifteen (15) days prior written notice by certified mail and after giving the licensee an opportunity for a hearing, if it finds:
    1. The license was fraudulently procured or erroneously issued; or
    2. The applicant, or any partner or principal officer of the applicant, if a partnership or a corporation, has failed to comply with this section and the laws of the state relating to registration of and certificates of title of vehicles.
  5. Every licensee shall maintain for three (3) years, in the form the department prescribes, a record of:
    1. Every vehicle or vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and identifying number, the date of its receipt or acquisition, and the name and address of the person from whom received or acquired;
    2. Every vehicle or vehicle body, chassis or engine disposed of by him, its description and identifying number, the date of its disposition, and the name and address of the person to whom disposed; and
    3. Every vehicle wrecked or dismantled by him and the date of its wrecking or dismantling. Every such record shall be open to inspection by any representative of the department or police officer during reasonable business hours.
  6. The department shall not issue a license under this law to any person who is located in any area with a residential zoning.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-346.1; Laws 1974, ch. 16, § 2; W.S. 1977, § 31-14-112 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-112 ; Laws 1989, ch. 256, § 3.

Cross references. —

For present location of former § 31-13-114 , see § 31-13-116 .

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence in subsection (c), see § 31-13-101(a)(x).

§ 31-13-115. Providing disposal facilities by state.

If otherwise not economically available to resident owners of vehicles, the department or appropriate state agency shall provide, by contract to private persons or political subdivisions, facilities for the collection and proper disposal of the vehicles at the request of the owner.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-346.2; W.S. 1977, § 31-14-113 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-113 ; Laws 1989, ch. 256, § 3.

§ 31-13-116. Penalty for violation.

Every person convicted of violating this act may be fined not to exceed five hundred dollars ($500.00), imprisoned for not more than six (6) months, or both.

History. Laws 1973, ch. 217, § 1; W.S. 1957, § 31-346.3; W.S. 1977, § 31-14-114 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-13-114 ; Laws 1989, ch. 256, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-13-101(a)(x).

Chapter 14 Motor Club Services

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

7A Am. Jur. 2d Automobiles and Highway Traffic § 189.

§ 31-14-101. Short title; administration.

This act may be cited as the “Motor Club Services Act” and shall be administered by the insurance commissioner.

History. Laws 1969, ch. 208, § 1; W.S. 1957, § 31-352; W.S. 1977, § 31-16-101 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “This act,” referred to in this section, see § 31-14-102(a)(xviii).

§ 31-14-102. Definitions.

  1. As used in this act:
    1. “Bail bond service” means the furnishing or procuring by a motor club of a cash deposit or undertaking required by law in order that a person accused of violation of any law may enjoy personal freedom pending trial;
    2. “Buying and selling service” means an arrangement by a motor club whereby the holder of a service contract with the club is aided in any way in the purchase or sale of an automobile;
    3. “Claim adjustment service” means an act by a motor club for the purpose of adjusting claims on behalf of the holder of a service contract with the club, when the claim results from injury or damage to person or property arising out of an accident, in connection with the ownership, maintenance, operation and use of a motor vehicle;
    4. Repealed by Laws 2018, ch. 33, §  2.
    5. “Commissioner” means the insurance commissioner of this state;
    6. “Discount  service” means an arrangement by a motor club resulting in  giving special discounts, rebates or reductions of price on gasoline,  oil, repairs, parts, accessories or service for motor vehicles or other goods and services to holders  of service contracts with the club;
    7. “Emergency  road service” means any  act by a motor club consisting  of fuel delivery, extrication, lockout service, key replacement, repair,  replacement or other adjustment of the equipment, tires  or mechanical parts of a motor vehicle so as to permit it to be operated  under its own power;
    8. “Financial service” means an arrangement by a motor club whereby loans or other advances of money are made to holders of service contracts with the club;
    9. “Insurance service” means the selling or giving, with a service contract or as a result of membership in or affiliation with a motor club, of a policy of insurance written by an authorized insurance carrier covering liability or loss by the holder resulting from injury or damage to person or property arising out of an accident the liability or loss being the consequence of the ownership, maintenance, operation or use of a motor vehicle;
    10. “License service” means the rendering of assistance by a motor club to any person obtaining:
      1. Registration of a motor vehicle with the state;
      2. A driver’s license;
      3. A transfer of legal ownership or registration in the records of the department of transportation.
    11. “Map service” means the furnishing of a motor club of road maps without cost to holders of service contracts with the club;
    12. “Motor  club” means a person directly or indirectly engaged in  selling or offering for sale, furnishing or procuring motor club service;
    13. “Motor club service” means the rendering or procuring of any of the services defined in this act to any person in connection with the ownership, operation, use or maintenance of a motor vehicle by the person upon any of the following considerations:
      1. The person is or will become a member of the club rendering or furnishing the service;
      2. The person is or will become in any manner affiliated with the club;
      3. The person is or will become entitled to receive membership or other motor club service from the club by virtue of any agreement or understanding with the club.
    14. “Service  contract” means a written agreement whereby any person promises  for a consideration to render, furnish or procure motor club service  for any other person and includes contracts  satisfying the requirements of W.S. 31-14-119 ;
    15. “Theft service” means an act by a motor club for the purpose of locating, identifying or recovering a stolen or missing motor vehicle owned or controlled by the holder of a service contract with the club or for the purpose of detecting or apprehending the person guilty of the theft;
    16. “Touring service” means the furnishing by a motor club of touring information without cost to holders of service contracts with the club;
    17. “Towing service” means the drafting or moving by a motor club of a motor vehicle from one place to another under other power than its own;
    18. “This act” means W.S. 31-14-101 through 31-14-131 .

History. Laws 1969, ch. 208, § 2; W.S. 1957, § 31-353; W.S. 1977, § 31-16-102 ; Laws 1984, ch. 48, § 1; 1991, ch. 241, § 3; 2018 ch. 33, §§ 1, 2, effective July 1, 2018.

The 2018 amendments. — The first 2018 amendment, by ch. 33, § 1, effective July 1, 2018, in (a)(vi), inserted “or other goods and services” following “service for motor vehicles”; in (a)(vii), substituted “means any act by a motor club consisting of fuel delivery, extrication, lockout service, key replacement, repair, replacement or other adjustment of the” for “means the adjustment, repair or replacement by a motor club of the”; in (a)(xii), deleted “either as principal or agent” following “indirectly engaged”; and in (xiv), added “and includes contracts satisfying the requirements of W.S. 31-14-119 ” at the end.

The second 2018 amendment, by ch. 33, § 2, effective July 1, 2018, repealed former (a)(iv), which read: “‘Club agent’ means a person other than the motor club itself who acts or aids in any manner in the solicitation, delivery or negotiation of any service contract, or of the renewal or continuance thereof.”

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.

§ 31-14-103. Required security.

  1. A person shall not render or agree to render motor club service without first depositing and thereafter continuously maintaining security in one (1) of the following forms with the commissioner:
    1. One hundred thousand dollars ($100,000.00) in cash;
    2. Securities approved by the commissioner having a market value of one hundred thousand dollars ($100,000.00) and approved by the commissioner and legal for investment by admitted insurers issuing nonassessable policies on a reserve basis;
    3. A surety bond in the principal sum of one hundred thousand dollars ($100,000.00) with an admitted surety insurer as surety.
  2. In lieu of the deposit required by subsection (a) of this section, a foreign or alien motor club may deposit evidence satisfactory to the commissioner that it has on deposit with an officer of a state of the United States of America, authorized by the law of such state to accept the deposit:
    1. Securities which meet the requirements of subsection (a) of this section of at least a like amount for the benefit and security of all members and creditors of the motor club; or
    2. A surety bond in the principal sum of one hundred thousand dollars ($100,000.00) which meets the requirements of W.S. 31-14-104 issued by a bonding company authorized to do business in the state of Wyoming and in the state where the bond is posted.

History. Laws 1969, ch. 208, § 3; W.S. 1957, § 31-354; Laws 1975, ch. 123, § 1; W.S. 1977, § 31-16-103 ; Laws 1981, ch. 54, § 1; 1984, ch. 48, § 1.

Cross references. —

As to investments by insurers, see chapter 7 of title 26.

§ 31-14-104. Purpose of security; conditions.

  1. The security shall be:
    1. For the protection, use and benefit of all persons whose applications for membership in a motor club have been accepted by the club or its representative;
    2. Subject to the following conditions and, if a bond, shall be so expressly conditioned:
      1. The club will faithfully furnish and render to members any and all of the motor club services sold or offered for sale by it;
      2. The club will pay any fines, fees or penalties imposed upon it under or pursuant to this act.

History. Laws 1969, ch. 208, § 4; W.S. 1957, § 31-355; W.S. 1977, § 31-16-104 ; 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 subsection (a)(ii)(B), see § 31-14-102(a)(xviii).

§ 31-14-105. Suit on bond; aggregate liability of surety.

If a bond, or evidence of a bond filed in another state, is filed, any person defrauded or injured by any wrongful act, misrepresentation or failure on the part of a motor club with respect to the selling or rendering of any of its services may bring suit on the bond in his own name but the aggregate liability of the surety for all suits shall not exceed the sum of the bond.

History. Laws 1969, ch. 208, § 5; W.S. 1957, § 31-356; W.S. 1977, § 31-16-105 ; Laws 1984, ch. 48, § 1.

§ 31-14-106. Conditions applicable to deposit of cash or securities.

A deposit of cash or securities, in lieu of bond, shall be subject to the conditions applying to the bond and is also subject to execution on judgments against the club.

History. Laws 1969, ch. 208, § 6; W.S. 1957, § 31-357; W.S. 1977, § 31-16-106 ; Laws 1984, ch. 48, § 1.

§ 31-14-107. Approval of name by commissioner.

The name of a motor club shall be submitted to the commissioner for approval before the commencement of business. The commissioner may reject any name so submitted when the proposed name would interfere with the transactions of a motor club already doing business in this state or is so similar to one already appropriated as to confuse or mislead the public.

History. Laws 1969, ch. 208, § 7; W.S. 1957, § 31-358; W.S. 1977, § 31-16-107 ; Laws 1984, ch. 48, § 1.

§ 31-14-108. Required certificate of authority.

A person shall not render or agree to render motor club service in this state without first procuring from the commissioner a certificate of authority to act.

History. Laws 1969, ch. 208, § 8; W.S. 1957, § 31-359; W.S. 1977, § 31-16-108 ; Laws 1984, ch. 48, § 1.

§ 31-14-109. Prerequisites to issuance of certificate of authority.

  1. The commissioner shall not issue a certificate of authority to any motor club until:
    1. It files with him the following:
      1. A formal application for the certificate in such form and detail as the commissioner requires, executed under oath by its president or other principal officer;
      2. A certified copy of its charter or articles of incorporation and its bylaws.
    2. It pays to the commissioner an annual license fee of one hundred dollars ($100.00);
    3. It deposits the required cash, securities, bond or evidence of deposit in another state as provided by W.S. 31-14-103 with the commissioner;
    4. Its name is approved by the commissioner under W.S. 31-14-107 .

History. Laws 1969, ch. 208, § 9; W.S. 1957, § 31-360; W.S. 1977, § 31-16-109 ; Laws 1984, ch. 48, § 1.

Editor's notes. —

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

§ 31-14-110. Continuation of certificate of authority.

Every certificate of authority issued to a motor club shall continue in force until suspended or revoked by the commissioner or terminated at the motor club’s request, subject to payment each year before July 1, of the annual licensing fee provided in W.S. 31-14-109(a)(ii) and subject to providing proof of the financial security requirement in W.S. 31-14-103 on a form the commissioner prescribes.

History. Laws 1969, ch. 208,§ 10; W.S. 1957, § 31-361; W.S. 1977, § 31-16-110 ; Laws 1984, ch. 48,§ 1; 2018 ch. 33, § 1, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, substituted “shall continue in force until suspended or revoked by the commissioner or terminated at the motor club's request, subject to payment each year before July 1, of the annual licensing fee provided in W.S. 31-14-109(a)(ii) and subject to providing proof of the financial security requirement in W.S. 31-14-103 on a form the commissioner prescribes” for “shall expire annually on July 1, of each year, unless sooner revoked or suspended.”

§ 31-14-111. Revocation or suspension of certificate of authority.

  1. The commissioner shall revoke or suspend the certificate of authority of a motor club whenever, after a hearing, he finds in accordance with the procedure provided by W.S. 26-2-125 through 26-2-129 , that any of the following circumstances exist:
    1. The club has violated any provision of this act;
    2. It is insolvent;
    3. Its assets are less than its liabilities;
    4. It or its officers refuse to submit to an examination;
    5. It is transacting business fraudulently.
  2. The commissioner shall give notice of revocation or suspension to the public in such manner as he deems proper.

History. Laws 1969, ch. 208, § 11; W.S. 1957, § 31-362; W.S. 1977, § 31-16-111 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a)(i), see § 31-14-102(a)(xviii).

§ 31-14-112. Examination of clubs; financial statement in lieu thereof.

  1. Every motor club is subject to examination by the commissioner in the manner and under the conditions provided for examination of insurers pursuant to W.S. 26-2-116 through 26-2-118 and 26-2-120 through 26-2-122 . In the examination the assets of any motor club are such assets as are deemed by the insurance commissioner to be available for the payment of the obligations of the motor club.
  2. The expense of examination shall be paid by the motor club.
  3. In lieu of examination under subsection (a) of this section, the commissioner may accept a copy of the most recent financial statement of the motor club which has been audited by an independent certified public accountant demonstrating that the motor club is solvent as determined by generally accepted accounting principles on a going-concern basis.

History. Laws 1969, ch. 208, § 12; W.S. 1957, § 31-363; Laws 1977, ch. 12, § 1; W.S. 1977, § 31-16-112 ; Laws 1981, ch. 54, § 1; 1984, ch. 48, § 1.

§ 31-14-113. Appointment of commissioner as club's attorney; service of process thereon.

Every motor club desiring to transact business in this state shall file with the commissioner a duly executed instrument whereby the motor club shall appoint and constitute the commissioner and his successor or successors in office the true and lawful attorney of the motor club upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the motor club and that the authority thereof shall continue in force irrevocably so long as any liability of the motor club in the state remains outstanding.

History. Laws 1969, ch. 208, § 13; W.S. 1957, § 31-364; W.S. 1977, § 31-16-113 ; Laws 1984, ch. 48, § 1.

§ 31-14-114. Approval of service contract by commissioner.

A service contract shall not be executed, issued or delivered in this state until the form thereof is approved in writing by the commissioner.

History. Laws 1969, ch. 208, § 14; W.S. 1957, § 31-365; W.S. 1977, § 31-16-114 ; Laws 1984, ch. 48, § 1.

§ 31-14-115. Proof of membership; date and signature on service contract.

Every service contract executed, issued or delivered in this state shall be accompanied by a proof of membership provided to the contract holder.

History. Laws 1969, ch. 208,§ 15; W.S. 1957, § 31-366; W.S. 1977, § 31-16-115 ; Laws 1984, ch. 48,§ 1; 2018 ch. 33, § 1, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, substituted “accompanied by a proof of membership provided to the contract holder” for “accompanied by a membership card or certificate and shall be dated and signed by the motor club issuing it.”

§ 31-14-116. Contents of service contract.

  1. A service contract shall not be executed, issued or delivered in this state unless it contains the following:
    1. The exact corporate or other name of the club;
    2. The exact  location of its home office and any business office in the United States,  phone number, email address or other contact information to which  consumer inquiries may be made;
    3. A provision that the contract may be canceled at any time by either the club or the holder, and that the holder will, if he has actually paid the consideration, thereupon be entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis over the period of the contract, without any deductions;
    4. A provision plainly specifying:
      1. The services promised;
      2. That the holder will not be required to pay any sum, in addition to the amount specified in the contract, for any services thus specified;
      3. The territory wherein services are to be rendered;
      4. The date when service will commence.
    5. A statement  in not less than fourteen (14) point bold type at the head of the contract stating, “This is not an  automobile liability or physical damage insurance contract.”

History. Laws 1969, ch. 208, § 16; W.S. 1957, § 31-367; W.S. 1977, § 31-16-116 ; Laws 1984, ch. 48, § 1; 2018 ch. 33, § 1, effective July 1, 2018.

The 2018 amendment, effective July 1, 2018, in (a)(ii), substituted “office and any business office in the United States, phone number, email address or other contact information to which consumer inquiries may be made” for “office and of its usual place of business in this state, giving street number and city”; and in (a)(v), substituted “fourteen (14) point bold type” for “fourteen (14) point modern type.”

Editor's notes. —

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

§ 31-14-117. Solicitation to purchase service contract.

A person shall not solicit or aid in the solicitation of another person to purchase a service contract issued by a club not having a certificate of authority procured pursuant to this act.

History. Laws 1969, ch. 208, § 17; W.S. 1957, § 31-368; W.S. 1977, § 31-16-117 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-14-102(a)(xviii).

§ 31-14-118. Misrepresentations as to service contracts.

A club or an officer or agent thereof shall not in any manner misrepresent the terms, benefits or privileges of any service contract issued or to be issued by it.

History. Laws 1969, ch. 208, § 18; W.S. 1957, § 31-369; W.S. 1977, § 31-16-118 ; Laws 1984, ch. 48, § 1.

§ 31-14-119. Validity of service contract.

Any service contract made, issued or delivered contrary to any provision of this act, shall nevertheless be valid and binding on the club.

History. Laws 1969, ch. 208, § 19; W.S. 1957, § 31-370; W.S. 1977, § 31-16-119 ; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-14-102(a)(xviii).

§ 31-14-120. Required agent's license. [Repealed]

History. Laws 1969, ch. 208, § 20; W.S. 1957, § 31-371; W.S. 1977, § 31-16-120 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-121. Application for agent's license. [Repealed]

History. Laws 1969, ch. 208, § 21; W.S. 1957, § 31-372; W.S. 1977, § 31-16-121 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-122. General conditions for issuance or renewal of agent's license. [Repealed]

History. Laws 1969, ch. 208, § 22; W.S. 1957, § 31-373; W.S. 1977, § 31-16-122 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-123. Qualifications for agent licensee. [Repealed]

History. Laws 1969, ch. 208, § 23; W.S. 1957, § 31-374; Laws 1973, ch. 213, § 2; W.S. 1977, § 31-16-123 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-124. Form and contents of agent's license. [Repealed]

History. Laws 1969, ch. 208, § 24; W.S. 1957, § 31-375; W.S. 1977, § 31-16-124 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-125. Annual renewal of agent's license; fee. [Repealed]

History. Laws 1969, ch. 208, § 25; W.S. 1957, § 31-376; W.S. 1977, § 31-16-125 ; Laws 1984, ch. 48, § 1; 2000, ch. 30, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-126. Grounds for suspension, revocation or refusal to renew agent's license generally. [Repealed]

History. Laws 1969, ch. 208, § 26; W.S. 1957, § 31-377; W.S. 1977, § 31-16-126 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-127. Grounds for suspension, revocation or refusal of agent's license of firm, partnership or corporation. [Repealed]

History. Laws 1969, ch. 208, § 27; W.S. 1957, § 31-378; W.S. 1977, § 31-16-127 ; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-128. Surrender of revoked or suspended license certificate. [Repealed]

History. Laws 1969, ch. 208, § 28; W.S. 1957, § 31-379; W.S. 1977, § 31-16-128; Laws 1984, ch. 48, § 1; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-129. Further grounds for suspension or revocation of agent's license. [Repealed]

History. Laws 1969, ch. 208, § 29; W.S. 1957, § 31-380; W.S. 1977, § 31-16-129; Laws 1984, ch. 48, § 1; Laws 2001, ch. 201, § 2; repealed by 2018 ch. 33, § 2, effective July 1, 2018.

§ 31-14-130. Exemptions.

  1. This act does not apply to:
    1. A duly authorized attorney at law acting in the usual course of his profession;
    2. Any authorized insurer;
    3. Any association of motor carriers providing one (1) or more of the services defined in W.S. 31-14-102 , to its members.

History. Laws 1969, ch. 208, § 30; W.S. 1957, § 31-381; W.S. 1977, § 31-16-130; 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 § 31-14-102(a)(xviii).

§ 31-14-131. Penalty for violation.

Each violation of this act is punishable as provided by W.S. 26-1-107 .

History. Laws 1969, ch. 208, § 31; W.S. 1957, § 31-382; Laws 1975, ch. 123, § 1; W.S. 1977, § 31-16-131; Laws 1984, ch. 48, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-14-102(a)(xviii).

Chapter 15 Multistate Highway Transportation [Renumbered]

§§ 31-15-101 and 31-15-102 [Renumbered.]

Renumbered as §§ 31-18-901 and 31-18-902 by Laws 1993, ch. 68, § 3.

Chapter 16 Motor Vehicle Franchises

Savings clauses. —

Laws 1988, ch. 98, § 3, provides: “Licenses issued under [former] W.S. 40-15-101 through 40-15-109 are valid until July 1, 1988 and may be reissued under this act without further investigation. No person shall be prosecuted for any violation of the licensing requirements under W.S. 31-16-101 through 31-16-124 before July 1, 1988.”

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 182 to 187; 62B Am. Jur. 2d Private Franchise Contracts § 1 et seq.

Validity, construction and application of statutes or ordinances licensing business of selling motor vehicles, 57 ALR2d 1265.

Applicability to automobile dealers of regulations as to certificate to title and bills of sale, 57 ALR2d 1265.

Validity, construction and application of state statutes regulating dealings between automobile manufacturers, dealers and franchisees, 82 ALR4th 624.

Franchisor's tort liability for injuries allegedly caused by assault or other criminal activity on or near franchise premises 2 ALR5th 369.

§ 31-16-101. Definitions.

  1. As used in this act:
    1. “Coerce” means compelling another to do what he is not otherwise required to do or not to do what he otherwise has a right to do;
    2. “Department” means the department of transportation;
    3. “Designated family member” means:
      1. The spouse, child, grandchild, parent, brother or sister of the owner of a new motor vehicle dealership who, in the case of the owner’s death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner’s will or applicable intestate laws;
      2. A person who has been nominated by the owner of a new motor vehicle dealership as the successor to the dealership in any written instrument filed with the manufacturer; or
      3. In the case of an incapacitated owner of a new motor vehicle dealership, the person who has been appointed by a court as the legal representative of the incapacitated owner’s property.
    4. “Director” means the director of the department;
    5. “Distributor” means a person who has a franchise from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to vehicle dealers or who maintains distributor representatives;
    6. “Distributor branch” means a branch office maintained by a distributor for the same purposes for which a factory branch is maintained;
    7. “Distributor representative” means a person engaged as a representative of a distributor or distributor branch for the purpose of making or promoting the sale of its vehicles or for supervising or contacting its dealers or prospective dealers;
    8. “Factory branch” means a branch office maintained by a manufacturer for the sale of vehicles to distributors, for the sale of vehicles to vehicle dealers or for directing or supervising, in whole or in part, its representatives;
    9. “Factory representative” means a person engaged as a representative of a manufacturer or by a factory branch for the purpose of making or promoting a sale of its vehicles, or for supervising or contacting its dealers or prospective dealers;
    10. “Franchise or dealer’s selling agreement”, hereinafter referred to as the “sales and services agreement”, means a contract or agreement between a vehicle dealer and a manufacturer or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make of new vehicles;
    11. “Motor vehicle” means a self-propelled vehicle, excluding a motor home and which:
      1. Is intended for registration and use on the public highways; and
      2. Has at least three (3) wheels.
    12. “New vehicle” means a motor vehicle which is in the possession of a manufacturer or has been sold by a manufacturer for distribution in the United States to the holders of a valid sales and service agreement, franchise or contract granted by the manufacturer for sale of the new motor vehicle and which is in fact new and on which the original motor vehicle title has not been issued from the franchised dealer;
    13. “Manufacturer” means a person engaged in the business of constructing or assembling vehicles which are subject to registration in this state and, except where otherwise provided, “manufacturer” means a distributor, a factory branch, distributor branch or other representative thereof, but excludes any person whose principal business is wholesale and retail financing. The term includes direct sale manufacturers;
    14. “Principal place of business” means:
      1. For dealers selling fewer than twelve (12) vehicles in any twelve (12) consecutive month period, a permanent commercial building located within the state of Wyoming at which the business of a new motor vehicle dealer may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public may contact the vehicle dealer or his vehicle salesman at all reasonable times, and at which place of business shall be kept and maintained the books, records and files necessary to conduct the business. The business shall be sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site and designated to indicate the nature of the business and the telephone number of the business. A dedicated telephone number shall be required for the principal place of business;
      2. For dealers selling twelve (12) or more vehicles in any twelve (12) consecutive month period, a site upon which a permanent building is located containing adequate facilities to carry on the business of a licensed dealer and used to conduct business as a dealer and not primarily used as, or attached directly to, a residence, with space thereon or contiguous thereto adequate to permit the display of at least five (5) vehicles and sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site and designated to indicate the nature of the business. The facilities, sign and space for display shall be in compliance with all applicable zoning ordinances prescribed by the municipality or county in which they are located and in which building the public may contact the vehicle dealer or the dealer’s salespersons during the declared business hours, and at which place of business shall be kept and maintained the books, records and files as required by W.S. 31-11-107(a) and (b) necessary to conduct the business. A dedicated telephone number shall be required for the principal place of business with a published phone number listed in the principal place of business;
    15. “Relevant market area” means that marketing area as defined by the sales and service agreement granted by the manufacturer, distributor or wholesaler and held by a new vehicle dealer;
    16. “Used vehicle” means any vehicle other than a new vehicle;
    17. Repealed by Laws 2001, ch. 24, § 2.
    18. “Vehicle dealer” or “dealer” means any person engaged in the business of selling or exchanging vehicles or who buys and sells, or exchanges retail three (3) or more vehicles or six (6) or more new vehicles with a gross vehicle weight rating over twenty-six thousand (26,000) pounds in any twelve (12) consecutive month period, but does not include any insurance company, finance company, public utility company or person coming into possession of any vehicle as an incident to its regular business who sells that vehicle, or who sells that vehicle under any contractual rights it may have with respect thereto. Vehicle dealers are classified as follows:
      1. A “new vehicle dealer” means a vehicle dealer that deals solely in new vehicles or in new and used vehicles. It also includes a person who in the ordinary course of business is engaged in the business of selling new motor vehicles to consumers or other end users and who holds a valid sales and service agreement, franchise or contract, granted by a manufacturer, distributor or wholesaler for the sale of its motor vehicles;
      2. A “used vehicle dealer” means a vehicle dealer that deals solely in used vehicles;
      3. Repealed by Laws 1997, ch. 154, § 3.
    19. “Wholesaler” means a person who sells used vehicles to Wyoming vehicle dealers;
    20. “This act” means W.S. 31-16-101 through 31-16-127 ;
    21. Repealed by Laws 2021, ch. 64, § 2.
    22. “Established place of business” means each place actually occupied either continuously or at regular periods by a manufacturer where the manufacturer’s books and records are kept and a large share of the manufacturer’s business is conducted;
    23. “Recreational vehicle” means a vehicle designed primarily as living quarters for recreational, camping, vacation or travel use which has an electrical system which operates above twelve (12) volts and has a plumbing and heating system;
    24. “Retail vehicle sale” means the lease of a vehicle or transfer of title of a vehicle to another person in exchange for value but excludes a transfer for the purpose of resale;
    25. “Vehicle” means as defined in W.S. 31-1-101(a)(xxvi);
    26. A “Wyoming based manufacturer” means a person with an established place of business in Wyoming who is engaged in the business of manufacturing, constructing or assembling new and unused vehicles or their major component parts or both and sells new and unused vehicles to dealers, wholesalers, distributors or the general public. The term includes a factory branch office of the manufacturer, or any partnership, firm, association, joint venture, corporation or trust which is controlled by the manufacturer;
    27. “Agent” means a person other than a holder of any vehicle dealer’s license issued by the department who, for salary, commission or compensation of any kind, negotiates in any way for the sale, purchase, order or exchange of vehicles;
    28. “Applicant” means any person, corporation, limited liability company, limited partnership or any other entity that files an application with the department for a vehicle dealer’s license under this act;
    29. “Licensed dealer” means a vehicle dealer that is licensed by the department pursuant to this act as a new vehicle dealer or a used vehicle dealer;
    30. “Salesperson” means an individual who, for salary, commission or compensation of any kind, is employed either directly, indirectly, regularly or occasionally by any new vehicle dealer or any used vehicle dealer to sell, purchase or exchange vehicles;
    31. A “direct sale manufacturer” means a person licensed under W.S. 31-16-104(a)(ix) who is engaged in the business of manufacturing, constructing or assembling new and unused vehicles and who sells and services, at a facility physically located in the state, vehicles of that manufacturer’s line make to the general public. A direct sale manufacturer shall not include an affiliate or wholly owned subsidiary of a manufacturer’s line make that is presently sold or has previously been sold in this state through a new vehicle dealer.
  2. Repealed by Laws 2021, ch. 64, § 2.

History. Laws 1988, ch. 98, § 1; 1991, ch. 241, § 3; 1997, ch. 154, §§ 2, 3; 2001, ch. 24, §§ 1, 2; 2005, ch. 159, § 1; 2007, ch. 80, § 2; 2017 ch. 208, § 1, effective July 1, 2017; 2020 ch. 63, § 1, effective July 1, 2020; 2021 ch. 64, § 2, effective July 1, 2021.

The 2005 amendment, effective July 1, 2005, substituted “twelve (12) vehicles in any twelve (12) consecutive month period” for “twenty-five (25) vehicles per calendar year” in (a)(xiv)(A) and (a)(xiv)(B); added the final two sentences in (a)(xiv)(A); inserted “landline” in the final sentence in (a)(xiv)(B); and in (a)(xviii), substituted “twelve (12) consecutive month period” for “one (1) calendar year.”

The 2007 amendment, effective July 1, 2007, in (a)(xx) substituted “31-16-127” for “31-16-126.”

The 2017 amendment, effective July 1, 2017, in (a)(xiii) added the last sentence; and added (a)(xxxi).

The 2020 amendment, effective July 1, 2020, in (a)(xiv)(A) and (a)(xiv)(B) substituted “A dedicated telephone number” for “A landline telephone” and “required for” for “required in”; in (a)(xiv)(A) substituted “the telephone number” for “the landline telephone number”; and in (a)(xiv)(B) substituted “listed in” for “listed to.”

The 2021 amendment, effective July 1, 2021, repealed (a)(xxi), which read, "'Antique vehicle' means a motor vehicle which is at least twenty-five (25) years old"; and repealed (b), which read, "Notwithstanding paragraph (a)(xxv) of this section, for purposes of W.S. 31-16-108 through 31-16-124 “vehicle” means a motor vehicle as defined in paragraph (a)(xi) of this section."

§ 31-16-102. Unlicensed vehicle dealers and manufacturers prohibited.

No person shall hold himself out as being in the business of a retail seller of vehicles, or act as a retail vehicle dealer, direct sale manufacturer or Wyoming based manufacturer without a valid license issued by the department under this act. No person shall act as a vehicle dealer of a new vehicle without a valid license as a new vehicle dealer for new vehicles of the same line make issued by the department under this act. No person other than a licensed vehicle dealer shall display a vehicle for sale unless the title is in the name of the displayer. No person shall solicit sales of vehicles without a vehicle dealer’s license, unless the title is in the name of the person soliciting sales.

History. Laws 1988, ch. 98, § 1; 1997, ch. 154, § 2; 2017 ch. 208, § 1, effective July 1, 2017.

The 2017 amendment, effective July 1, 2017, added “direct sale manufacturer” in the first sentence and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first two sentences, see § 31-16-101(a)(xx).

Cited in

Lariat Diesel Corp. v. Wyo. DOT, 2004 WY 25, 86 P.3d 266, 2004 Wyo. LEXIS 31 (2004).

§ 31-16-103. Licenses; applications; issuance, suspension and revocation; change in ownership; rulemaking.

  1. An applicant for a license required under this act shall, before commencing business and annually thereafter submit an application to the department in a form prescribed by the department containing the following:
    1. The legal name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct his business. If the applicant is a partnership, the name and residence address of each partner, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of each of its principal officers and directors. If the applicant is a limited liability company, the name and address of the members and managers;
    2. A complete description, including the address, of the principal place of business and any other place of business for activities requiring a license under this act operated and maintained by the applicant in conjunction with the principal place of business in each county in this state;
    3. For a new vehicle dealer’s license, copies of letters of franchise for the new vehicles that the applicant has been enfranchised to sell or exchange and the name and addresses of any manufacturer or distributor who has enfranchised the applicant;
    4. For a manufacturer’s license, the name and address of each distributor, factory branch and factory representative;
    5. Any other information the department may reasonably require, including financial statements of new applicants, past or present judicial, civil or administrative dispositions of criminal, civil or administrative actions relating to the conduct of the business if currently licensed or a new applicant, telephone numbers, sales and use tax numbers for the business and declared business hours. Any new applicant for a license issued under this act, including all officers of a corporation or members of a limited liability company or limited partnership, shall provide information necessary for a state and national criminal history record background check and release of information as provided in W.S. 7-19-106(k)(ii) and consent to the release of any criminal history information to the department;
    6. If a renewal of dealer’s license, the number of retail vehicle sales each month during the twelve (12) full calendar months preceding the month in which the renewal application is made;
    7. For a Wyoming based manufacturer’s license, a description of the location of each established place of business in this state, the number of manufacturer license plates requested, a statement of the need for the plates including, but not limited to, the number of employees, annual sales, and such other information as required by the department;
    8. For a direct sale manufacturer’s license, a description of the location of each established place of business in this state, the number of manufacturer license plates requested, a statement of the need for the plates including, but not limited to, the number of employees, annual sales, and such other information as required by the department.
  2. Pending determination by the department that the applicant has met the requirements under this act, it may issue a temporary license to any applicant. A temporary license shall not exceed a period of ninety (90) days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. The temporary license terminates when the applicant’s license has been issued or refused. When the department determines the applicant has complied with all licensing requirements, the department shall issue a license or renewal to an applicant upon submission of a complete application to the department indicating the applicant is qualified and will operate from a principal place of business if a dealer or a direct sale manufacturer or from an established place of business if a Wyoming based manufacturer, and upon filing of a bond and payment of a license fee of twenty-five dollars ($25.00) for dealers selling fewer than twelve (12) vehicles in any twelve (12) consecutive month period and one hundred dollars ($100.00) for dealers selling twelve (12) or more vehicles in any twelve (12) consecutive month period as follows:
    1. and (ii) Repealed by Laws 1997, ch. 154, § 3.
    2. Any additional place of business to be licensed under this act has sufficient facilities such that it could qualify as a principal place of business and is located in the same county in which the principal place of business is located;
    3. To a dealer who had at least twelve (12) retail sales or exchanged at least twelve (12) vehicles or six (6) or more new vehicles with a gross vehicle weight rating over twenty-six thousand (26,000) pounds in the twelve (12) full calendar months preceding the date of application;
    4. To a dealer selling self-propelled motor homes or drilling and service rigs;
    5. To a person who did not hold a certificate at the time of the application;
    6. To a person engaged in the business of repossessing vehicles if that person repossessed at least twelve (12) vehicles in the twelve (12) full calendar months preceding the date of application, but the person need not have a principal place of business as defined in this act;
    7. To a banking or lending institution engaged in the business of making loans secured by vehicles;
    8. Repealed by Laws 2021, ch. 64, § 2.
    9. To the applicant who has not had a license issued under this chapter suspended or revoked without reinstatement, and has not violated the provisions of this chapter or any rule or regulation adopted under this chapter, if the applicant is:
      1. A partner in a partnership;
      2. A director or stockholder of a corporation duly registered and doing business in Wyoming; or
      3. A member or manager of a limited liability company duly registered and doing business in Wyoming.
    10. To any additional place of business that may qualify under this act.
  3. The department may deny, suspend, revoke or refuse to renew a license or temporary permit issued under this act if it finds the person, applicant, vehicle dealer, salesperson, agent, direct sale manufacturer or Wyoming based manufacturer:
    1. Knowingly violated any rule, regulation or statute or any federal law regulating dealers and manufacturers, or any federal vehicle safety standards applicable to dealers or Wyoming based manufacturers;
    2. Knowingly made a materially false statement in applying for a license, demo plates, full use plates, temporary registration permits, or dealer reassignment documents used by the applicant;
    3. Failed to furnish or keep in force the required bond;
    4. Has any previous administrative or criminal actions or has lost a civil action in this state or any other state relating to the conduct of the business license or applied for during the ten (10) years preceding the date of the application;
    5. Used or permitted the use of demo or full use plates in an unauthorized manner or for an unauthorized purpose;
    6. Used or permitted the use of temporary registration permits in an unauthorized manner or for an unauthorized purpose;
    7. Has been convicted of a felony involving fraud, conspiracy to commit fraud, forgery, embezzlement, obtaining money under false pretenses, larceny, theft or extortion within the immediate ten (10) year period prior to the date of license application;
    8. Has been convicted of a felony under W.S. 6-2-302 ;
    9. Failed to furnish any requested information to the department.
  4. If a new vehicle dealer changes to, or adds, another franchise for the sale of new vehicles, cancels or otherwise loses a franchise for the sale of new vehicles, the dealer shall immediately notify the department. If there is a cancellation or loss of franchise, and the department determines the dealer may be licensed as a used vehicle dealer, the vehicle dealer shall surrender the new vehicle dealer’s license and a used vehicle dealer’s license shall be issued. The dealer may continue in the business for which a vehicle dealer is relicensed to dispose of the stock of new vehicles which the dealer had on hand at the time of the relicensing.
  5. The dealer or manufacturer shall immediately notify the department which shall issue a new dealer or Wyoming based manufacturer license for the unexpired portion of the original license at no charge if the dealer changes the site or location of his principal place of business, or the Wyoming based manufacturer changes the site or location of his established place of business.
  6. Sixty (60) days after transfer of ownership of a dealership or the business of a Wyoming based manufacturer or direct sale manufacturer, except as a result of transfer of shares of stock in a corporate dealership or Wyoming based manufacturer duly incorporated in Wyoming, the dealer license, Wyoming based manufacturer license, demo plates, full use plates, manufacturer plates and temporary permits are void and shall immediately be delivered to the department. The new owner shall apply for a new dealer license, demo plates, full use plates, manufacturer plates and temporary permits immediately upon transfer of ownership. Upon transfer of ownership or termination of business the former dealer, direct sale manufacturer or Wyoming based manufacturer shall notify the department and, if not a transfer of ownership, immediately deliver the dealer license, direct sale manufacturer license, Wyoming based manufacturer license, demo plates, full use plates, manufacturer plates and temporary permits to the department.
  7. A Wyoming licensed dealer may establish and operate an additional place of business or operate in an organized motor vehicle show as a vehicle dealer if:
    1. Each additional place of business except those located in an enclosed shopping mall, shall meet the same criteria as set forth in W.S. 31-16-101(a)(xiv);
    2. Before operating in an organized motor vehicle show, a licensed dealer shall notify the department in writing not later than fourteen (14) days prior to the date of the show and obtain a letter of authorization from the department to operate in an organized motor vehicle show within the county of the principal place of business, or within the dealer’s relevant market area as defined by W.S. 31-16-101(a)(xv). A vehicle dealer may operate in not more than four (4) shows in any calendar year and each show shall not exceed seven (7) consecutive days. The letter of authorization to operate in an organized motor vehicle show shall be displayed in a location at the motor vehicle show where any peace officer or designated member of the department can examine it. As used in this subsection, “organized motor vehicle show” means an exhibition and sale by one (1) or more licensed motor vehicle dealers in a private or public assembly, facility or area.
  8. An applicant for a license to operate as a dealer or Wyoming based manufacturer shall also file with the department a bond in the sum of twenty-five thousand dollars ($25,000.00) with a corporate surety duly licensed to do business within this state. The bond shall:
    1. Be approved as to form by the attorney general;
    2. Guarantee the return of the dealer or Wyoming based manufacturer license, manufacturer plates, full use and demo plates, and temporary permits; and
    3. Be conditioned that the applicant shall not practice any fraud, fraudulent misrepresentations, or violate any federal or state law, rules or regulations relating to the conduct of the business.
  9. The department shall promulgate rules necessary to implement and enforce this act, including rules relating to the authorized use of demo, full use or manufacturer plates, the form of the plates and the number of manufacturer plates issued.
  10. If the director has reasonable cause to believe that a licensee or other person has violated or is violating any provision of this act or any other law related to the conduct of a vehicle dealer or has violated or is violating any rule or order adopted or issued by the department pursuant to law, in addition to any other remedies existing in this act, the director may bring and maintain, in the name and on behalf of the department, an action in the proper court against a licensee or other person to restrain or enjoin the licensee or other person from continuing the violation. In the action, the court shall proceed as in other actions for injunction.

History. Laws 1988, ch. 98, § 1; 1997, ch. 154, §§ 2, 3; 2001, ch. 24, § 1; 2005, ch. 159, § 1; 2007, ch. 80, § 2; 2013 ch. 191, § 2, effective July 1, 2013; 2017 ch. 208, § 1, effective July 1, 2017; 2021 ch. 64, § 2, effective July 1, 2021.

The 2005 amendment, effective July 1, 2005, inserted the final sentence in (a)(v); in (b) added the provisions pertaining to issuance of a temporary license pending determination that the applicant has met the requirements and twice substituted “in any twelve (12) consecutive month period” for “per calendar year”; added (c)(vii) through (c)(ix); in (g)(ii), added “or within the dealer's relevant market area as defined by W.S. 31-16-101(a)(xv)” at the end of the first sentence; in (h), increased the amount of the bond from $10,000 to $25,000; and added (k).

The 2007 amendment, effective July 1, 2007, in (c) inserted “or temporary permit” following “renew a license.”

The 2013 amendment, effective July 1, 2013, added “theft” to the string of felonies listed in (c)(vii).

The 2017 amendment, effective July 1, 2017, added (a)(viii); in (b) added “or a direct sale manufacturer” following “if a dealer” in the middle of the second sentence; in (c) added “direct sale manufacturer” preceding “or Wyoming based;” in (f) in the first sentence added “or direct sale manufacturer,” in the last sentence “direct sale manufacturer” and “direct sale manufacturer license.”

The 2021 amendment, effective July 1, 2021, repealed (b)(ix), which read, "To a person selling antique vehicles and paying the annual license fee of two hundred fifty dollars ($250.00)."

Editor's notes. —

Paragraph (b)(iii) of this section was inadvertently repealed by Laws 1997, ch. 154, § 3, effective January 1, 1998. Section 3 of ch. 154 was subsequently amended by Laws 1997, Sp. Sess., ch. 2, § 3, also effective January 1, 1998, to remove the language repealing paragraph (b)(iii).

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,” as used in this section, see § 31-16-101(a)(xx).

License revocation affirmed. —

Court affirmed the reversal of the revocation of an automobile dealer's license because the agency's findings were not sufficient to permit adequate appellate review. State ex rel. DOT v. Legarda, 2003 WY 130, 77 P.3d 708, 2003 Wyo. LEXIS 159 (Wyo. 2003).

Cited in

Lariat Diesel Corp. v. Wyo. DOT, 2004 WY 25, 86 P.3d 266, 2004 Wyo. LEXIS 31 (2004).

§ 31-16-104. Classes of licenses and permits; expiration.

  1. Licenses issued under this act shall be the following classes:
    1. New vehicle dealer’s license which permits the licensee to engage in the business of selling or exchanging new vehicles or both new and used vehicles;
    2. Motor vehicle manufacturer’s license which permits the out-of-state manufacturer to engage in the business of constructing or assembling motor vehicles of the type subject to registration in this state;
    3. and (iv) Repealed by Laws 1997, ch. 154, § 3.
    4. Wyoming based manufacturer’s license which permits the licensee to engage in the manufacturing, constructing or assembling of new and unused vehicles or their major component parts or both in the state of Wyoming and sell new and unused vehicles;
    5. Used vehicle dealer’s license which permits the licensee to engage in the business of selling or exchanging used vehicles;
    6. Temporary ninety (90) day vehicle dealer permit allows an applicant to operate a business under this act for a period of ninety (90) days while the department is completing an investigation for any purpose relative to the business. The temporary permit terminates when the applicant’s license has been issued or refused but in no case shall the temporary permit exceed ninety (90) days;
    7. Temporary recreational vehicle display and sales permit pursuant to W.S. 31-16-127 ;
    8. Direct sale manufacturer’s license which permits the licensee to sell new and unused vehicles or new and used vehicles of the same line make to the general public. A direct sale manufacturer’s license shall be granted only to a person who seeks to sell or exchange vehicles of that manufacturer’s line make that no other new vehicle dealer in the state sells or exchanges.
  2. Repealed by Laws 2005, ch. 159, § 2.
  3. Repealed by Laws 1997, ch. 154, § 3.
  4. Except for temporary vehicle dealer permits and special recreational vehicle display and sales permits, licenses issued under this act shall be valid for one (1) year and shall expire at midnight preceding the anniversary date.

History. Laws 1988, ch. 98, § 1; 1997, ch. 154, §§ 2, 3; 2001, ch. 24, § 1; 2005, ch. 159, §§ 1, 2; 2007, ch. 80, § 2; 2017 ch. 208, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, added (a)(vii); and repealed former (b), which related to temporary permits (now see paragraph (a)(vii) of this section and also § 31-16-103(b)).

The 2007 amendment, effective July 1, 2007, added (a)(viii); and inserted the proviso in (d).

The 2017 amendment, effective July 1, 2017, added (a)(ix).

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-16-101(a)(xx).

§ 31-16-105. Display, form and custody of dealer's license.

The department shall prescribe each form of the license. Each dealer shall conspicuously display his own license in his place of business.

History. Laws 1988, ch. 98, § 1.

§ 31-16-106. Required principal place of business.

The department shall not issue a dealer’s license to any applicant without a principal place of business. If the dealer changes the site or location of his principal place of business, he shall immediately notify the department. A new license shall be granted if the new location meets all the requirements of a principal place of business. If a dealer ceases to have a principal place of business he shall immediately surrender his license to the department until the dealer obtains a principal place of business. The dealer’s license shall be reissued without charge if a principal place of business is established. Nothing in this act shall be construed to prevent a dealer from conducting the business for which he is licensed at one (1) or more licensed supplemental lots or locations not contiguous but operated and maintained in conjunction with the dealer’s principal place of business.

History. Laws 1988, ch. 98, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the last sentence, see § 31-16-101(a)(xx).

§ 31-16-107. Right of action.

Any person injured because he refuses to agree to a proposal which would be in violation of this act, may bring an action for damages and equitable relief, including injunctive relief.

History. Laws 1988, ch. 98, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-16-101(a)(xx).

§ 31-16-108. Unlawful acts.

  1. No vehicle dealer or other person required to be licensed under this act, or any salesperson or agent shall:
    1. Knowingly publish or circulate any misleading or inaccurate advertisement which misrepresents any of the products sold or furnished by a licensed dealer or use any false or misleading advertisement in the conduct of its business;
    2. Violate this act or any of the rules and regulations promulgated under it;
    3. Knowingly purchase, sell, acquire or dispose of a stolen vehicle;
    4. Violate any law of this state respecting commerce in vehicles or any state agency rule or regulation;
    5. Engage in the business for which a dealer is licensed without maintaining a principal place of business as required by this act;
    6. Engage in a type of business respecting the sale or exchange of new or new and used vehicles for which he is not licensed;
    7. Knowingly purchase a vehicle which has an altered or removed vehicle identification number or to alter or remove a vehicle identification number plate;
    8. Repealed by Laws 1997, ch. 154, § 3.
    9. Violate any provision of the federal motor vehicle safety standards;
    10. Display for sale, exchange or sell any new motor vehicle for which the vehicle dealer does not hold a valid franchise;
    11. Import, display for sale, exchange, or sell, any new vehicle, or any used vehicle originally sold by a manufacturer for distribution outside the United States unless the vehicle is in compliance with all federal regulations governing vehicles that were manufactured for distribution outside the United States and subsequently imported into the United States. Any dealer required to be licensed under this act shall maintain records in his principal place of business necessary to verify compliance with this provision if requested by the department or any law enforcement officer;
    12. Advertise, display, demonstrate, exchange or sell any vehicle with less than one thousand (1,000) miles on the odometer, unless the person is a properly licensed dealer, or the person has obtained a valid Wyoming title in his name or business name and has paid the applicable sales or use tax on the vehicle in his name before advertising, displaying, demonstrating, exchanging or selling the vehicle.
  2. No manufacturer licensed under this act shall require or coerce or attempt to require or coerce any new vehicle dealer in this state:
    1. To order or accept delivery of any new vehicle, vehicle part or accessory, equipment or any other commodity not required by law which the new vehicle dealer has not voluntarily ordered. This paragraph does not modify or supersede any terms or provisions of the franchise requiring new vehicle dealers to market a representative line of the vehicles covered by the franchise, to promote the sale, leasing and rental of the vehicles and to carry a reasonable inventory of models offered for sale by the manufacturer;
    2. To order or accept delivery of any new vehicle with special features, accessories or equipment not included in the list price of those vehicles as publicly advertised by the manufacturer or distributor unless they are required by law;
    3. To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations or materials at the expense of the new vehicle dealer. This paragraph does not modify any provisions of the franchise requiring the dealer to advertise and promote the sale of vehicles covered by the franchise and does not apply to campaigns, contests, advertising and other promotional programs in which the dealer voluntarily participates;
    4. To enter into any agreement with the manufacturer or to prejudice the new vehicle dealer by threatening to terminate or cancel a franchise or any contractual agreement existing between the dealer and the manufacturer. This paragraph does not preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise or other contractual agreement. Notice in good faith from a manufacturer or distributor to any new vehicle dealer of the new vehicle dealer’s violation of those terms or provisions does not constitute a violation of this act;
    5. To change the capital structure of the new vehicle dealer or the new vehicle dealer’s financing means if the new vehicle dealer meets any reasonable capital standards determined by the manufacturer in accordance with uniformly applied criteria. A new vehicle dealer may change its capital structure in accordance with reasonable capital standards if the change does not change the principal management or ownership in whole or in part or result in the sale of the franchise. If a change in capital structure results in a sale of the franchise, the manufacturer or distributor may not unreasonably withhold any necessary consent to the change;
    6. To refrain from participation in the management of, investment in or the acquisition of any other line of new vehicle or related products. This paragraph does not apply unless the new vehicle dealer maintains a reasonable line of credit for each make or line of new vehicle, the new vehicle dealer remains in compliance with any reasonable facilities and other franchise requirements of the manufacturer and no change is made in the principal management of the new vehicle dealer;
    7. To prospectively agree to relieve any person from liability imposed by this law or to require any controversy between a new vehicle dealer and a manufacturer, distributor or their representatives, to be referred to any person other than the duly constituted courts of the state or the United States, or to the director if the referral would be binding upon the new vehicle dealer;
    8. To establish, after becoming a new vehicle dealer, exclusive facilities, personnel or display space for a line make when such requirements would not be justified by reasonable business considerations;
    9. To expand facilities without making available a sufficient supply of new vehicles to justify an expansion considering the market and economic conditions;
    10. To modify significantly an existing dealership or to construct a new vehicle dealership facility without a sufficient supply of new vehicles to justify a modification or construction considering the market and economic conditions.
  3. No manufacturer licensed under this act shall:
    1. Delay, refuse or fail to deliver new vehicles or new vehicle parts or accessories in a reasonable time and quantity relative to the new vehicle dealer’s facilities and sales potential in the new vehicle dealer’s relevant market area after acceptance of an order from a new vehicle dealer having a franchise for the retail sale of any new vehicle sold or distributed by the manufacturer, any new vehicle, parts or accessories to new vehicles as are covered by the franchise, if the vehicle, parts or accessories are publicly advertised as being available for delivery or actually delivered. Failure caused by acts or causes beyond the control of the manufacturer is not a violation of this act;
    2. Refuse to disclose to any new vehicle dealer handling the same line make the manner and mode of distribution of the line make within the relevant market area;
    3. Without the consent of the dealer, obtain money, goods, services or other benefit from a person who does business with the new vehicle dealer in relation to the transaction between the new vehicle dealer and the person other than as compensation for services rendered and products provided, unless the benefit is promptly transmitted or credited to the new vehicle dealer;
    4. Increase prices of new vehicles ordered by the new vehicle dealer for consumers prior to the new vehicle dealer’s receipt of the written official price increase notification. A sales contract signed by a consumer is evidence of each order if the vehicle is delivered to the customer. In the event of manufacturer price reductions or cash rebates paid to the new vehicle dealer intended by the manufacturer to be passed on to the consumer, the amount of any reduction or rebate received by a new vehicle dealer passes to the private retail consumer by the new vehicle dealer. Price reductions apply to all unused, undamaged and unsold vehicles in the dealer’s inventory which were subject to the price reduction. Price differences applicable to a new model or series are not a price increase or price decrease. Price changes caused by the following are not subject to this paragraph:
      1. The addition to a vehicle of required or optional equipment or a change in the capacity, performance, size, weight or design specifications of a vehicle;
      2. Changes in the rate of exchange of the United States dollar, in the case of foreign-made vehicles or components; and
      3. An increase in transportation charges due to increased rates imposed by a carrier.
    5. Release to any other party, except under subpoena or as otherwise required by law or in an administrative, judicial or arbitration proceeding involving the manufacturer or new vehicle dealer, any business, financial, or personal information which is provided by the new vehicle dealer to the manufacturer without the express written consent of the new vehicle dealer;
    6. Deny any new vehicle dealer the right of free association with any other new vehicle dealer for any lawful purpose;
    7. Unfairly compete with a new vehicle dealer in the same line make and operating under an agreement or franchise from the manufacturer in the relevant market area. A manufacturer is not competing when operating a dealership either temporarily for a reasonable period or in a bona fide retail operation which is for sale to any qualified independent person at a fair and reasonable price, or in a bona fide relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of such dealership on reasonable terms and conditions;
    8. Unfairly discriminate among its new vehicle dealers with respect to warranty reimbursement;
    9. Unreasonably withhold consent to the sale, transfer or exchange of the franchise to a qualified buyer capable of being licensed as a new vehicle dealer in this state;
    10. Fail to respond in writing to a request for consent as specified in paragraph (ix) of this subsection within sixty (60) days of receipt of a written request. Failure to respond within the time specified is consent to the request;
    11. Prevent or attempt to prevent any new vehicle dealer from changing the executive management control of the new vehicle dealer unless the manufacturer shows the change of executive management will result in executive management or control by a person who is not of good moral character or who does not meet reasonable, preexisting and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards. This paragraph does not prevent a manufacturer or distributor from withholding consent based upon the prospective buyer’s character, automotive experience, capital and other reasonable qualifications for appointment as a dealer, and the effect of the proposed transaction upon competition. If the manufacturer rejects a proposed change in executive management control, written notice of his reasons shall be given to the dealer within sixty (60) days of notice to the manufacturer by the dealer of the proposed change or the change in the executive management of the new vehicle dealer shall be presumptively deemed approved;
    12. Terminate, cancel or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on whose expertise and abilities the manufacturer relied in granting the franchise;
    13. Prevent or attempt to prevent the new vehicle dealer from receiving the fair market value of the dealership in a sale transaction or from transferring the new vehicle dealership to a spouse or legal heir as specified in this act;
    14. Engage in any predatory practice or discrimination against any new vehicle dealer;
    15. Use any false or misleading advertisement in the conduct of his business as a manufacturer or distributor in this state;
    16. Make any false or misleading statement, either directly or through any agent or employee, to induce any new vehicle dealer to enter into any agreement or franchise.
  4. No manufacturer or any officer, agent or representative shall coerce or attempt to coerce any new vehicle dealer in this state to sell, assign or transfer any retail installment sales contract obtained by the dealer in connection with the sale by him in this state of new vehicles manufactured or sold by the manufacturer to a specified finance company, class of companies or to any other specified person.
  5. Any statement, threats, promises, acts, contracts or offers of contracts which lessen or eliminate competition or tend to create a monopoly are unfair trade practices, unfair methods of competition and are prohibited.
  6. No manufacturer or agent or employee of a manufacturer shall use a written instrument, agreement or waiver to attempt to nullify any of the provisions of this section. Any such agreement, written instrument or waiver is null and void.
  7. No person shall directly or indirectly impose unreasonable restrictions on the new vehicle dealer relative to the sale, transfer, right to renew, termination, discipline, noncompetition covenants, site control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights.
  8. This act applies to all written franchise agreements between a manufacturer and a new vehicle dealer, including but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other agreements where the manufacturer has any direct or indirect interest.
  9. No motor vehicle manufacturer or distributor licensed under this act, directly or indirectly, shall offer to sell or sell new motor vehicles to a consumer except through a new vehicle dealer who holds a valid sales and service agreement, franchise, or contract granted by the manufacturer, distributor or wholesaler for the sale of its motor vehicles. This subsection shall not apply to a licensed direct sale manufacturer, sales to affiliates of the manufacturer, distributor or wholesaler, sales to the federal government, charitable organizations or sales to employees of the manufacturer, distributor or wholesaler.

History. Laws 1988, ch. 98, § 1; 1997, ch. 154, § 3; 2000, ch. 82, § 1; 2001, ch. 24, § 1; 2017 ch. 208, § 1, effective July 1, 2017.

The 2017 amendment, effective July 1, 2017, in (j) added “a licensed direct sale manufacturer” following “shall not apply to” in the last sentence.

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 § 31-16-101(a)(xx).

§ 31-16-109. Termination, cancellation or nonrenewal of franchise.

  1. Notwithstanding the terms, provisions or conditions of any franchise or waiver, no manufacturer shall cancel, terminate or fail to renew any franchise with a licensee unless the manufacturer has satisfied the notice requirement of subsection (b) of this section and has good cause for cancellation, termination or nonrenewal.
  2. Prior to the termination, cancellation or nonrenewal of any franchise, the manufacturer shall furnish notification of termination, cancellation or nonrenewal to the department and the licensee:
    1. Not less than ninety (90) days prior to the effective date of the termination, cancellation or nonrenewal;
    2. Not less than fifteen (15) days prior to the effective date of the termination, cancellation or nonrenewal with respect to any of the following which shall constitute good cause for cancellation, termination or nonrenewal:
      1. Insolvency of the licensee, or filing of any petition by or against the licensee under any bankruptcy or receivership law;
      2. Failure of the licensee to conduct sales and service operations during customary business hours for seven (7) consecutive business days, except for acts of God or circumstances beyond the direct control of the licensee;
      3. Conviction of the dealer, or any owner or principal manager of the dealer in a court of original jurisdiction of a felony or any crime involving theft, dishonesty or false statement;
      4. Revocation of any license which the licensee is required to have to operate a dealership;
      5. A fraudulent misrepresentation by the new motor vehicle dealer to the manufacturer, which is material to the franchise; or
    3. Not less than one hundred eighty (180) days prior to the effective date of the termination or cancellation, where the manufacturer is discontinuing the sale of the product line.
  3. Notification under this section shall be in writing, by certified mail or personally delivered to the licensee and shall state the intention to terminate, cancel or not to renew the franchise, reasons for the termination, cancellation or nonrenewal and the date on which the termination, cancellation or nonrenewal takes effect.
  4. Good cause for termination, cancellation or nonrenewal of a franchise shall include but not be limited to:
    1. Failure by the licensee to comply with a provision of the franchise, which is both reasonable and of material significance to the franchise relationship, provided that the dealer has been notified in writing of the failure within one hundred eighty (180) days prior to termination, cancellation or nonrenewal;
    2. Failure of the licensee to comply with reasonable performance criteria established by the manufacturer if the licensee was apprised by the manufacturer in writing of the failure and:
      1. The notification stated that notice was provided of failure of performance pursuant to this section;
      2. The licensee was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and
      3. The licensee did not demonstrate substantial compliance with the performance criteria of the manufacturer during such period.
  5. Within twenty (20) days of receiving the notice or within twenty (20) days after the end of any appeal procedure provided by the manufacturer, the dealer may file with the department to protest the termination, cancellation or nonrenewal. When a protest is filed, the department shall inform the manufacturer that a timely protest has been filed. The manufacturer shall have twenty (20) days to respond to the protest. The manufacturer shall not terminate, cancel or nonrenew the franchise until the department has held a hearing and determined that there is good cause for permitting the termination, cancellation or nonrenewal.
  6. The department will select a hearing examiner to conduct a hearing and to render proposed findings of fact. The proposed findings of fact shall be conclusive unless clearly erroneous and unsupported by the record. The hearing shall be conducted and the department shall render its final determination within one hundred twenty (120) days after the manufacturer responds to the licensee’s protest. The department may forbid the termination, cancellation or nonrenewal of the franchise if it is determined good cause does not exist.
  7. All costs of the department, including but not limited to, the cost of the investigation, the cost of the hearing examiner and the cost of preparing the record, shall be borne equally by the parties. The department may, in its discretion, award costs to the prevailing party in any hearing held pursuant to this chapter provided, however, if the department should determine by a preponderance of the evidence, that the protest is without merit, it shall award costs and reasonable attorney fees to the prevailing party.
  8. The manufacturer shall have the burden of proof under this section.
  9. Upon the termination, nonrenewal or cancellation of any franchise by the manufacturer pursuant to this section, the licensee shall be allowed fair and reasonable compensation by the manufacturer for the:
    1. New vehicle inventory which is unused, undamaged, unsold and acquired from the manufacturer within the prior twelve (12) months and prior to the dealer receiving notice of termination;
    2. Supplies and parts which are unused, undamaged, unsold and in original packaging and have been acquired from the manufacturer prior to the dealer receiving notice of termination and are listed in the manufacturer’s current parts catalog or price list;
    3. Equipment and furnishings purchased from the manufacturer or its approved sources in order to comply with the dealer’s obligations under the franchise; and
    4. Special tools acquired from the manufacturer or a source approved by the manufacturer which were recommended by the manufacturer in writing and are in good and usable condition, except for reasonable wear and tear.
  10. Fair and reasonable compensation under subsection (j) of this section shall be paid or credited by the manufacturer within ninety (90) days of the tender of the property, provided the licensee has clear title to the inventory and other items and is in a position to convey that title to the manufacturer.
  11. In the event of a termination, cancellation or nonrenewal by the manufacturer under this section, except as provided in subparagraph (b)(ii)(C) of this section, the manufacturer shall pay:
    1. A sum equivalent to rent of the unexpired term of the lease or one (1) year rent based upon reasonable rental value, whichever is less, if the motor vehicle dealer is leasing its motor vehicle dealership facility from a lessor other than manufacturers or distributors; or
    2. A sum equivalent to reasonable rental value of the dealership facility for one (1) year or the reasonable rental value of the facility until facilities are leased or sold, whichever is less, if the motor vehicle dealer owns the motor vehicle dealer facility.
  12. The rental payment required under subsection (m) of this section is only required to the extent that the facilities were used for the sale and service of the manufacturer’s or distributor’s product, and only to the extent they are not leased for other purposes. Payment under subsection (k) of this section entitles the manufacturer or distributor to possession and use of the facility.
  13. This section shall not relieve a new motor vehicle dealer, lessor or other owner of an established place of business from the obligation to mitigate damages.

History. Laws 1988, ch. 98, § 1.

Editor's notes. —

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

§ 31-16-110. Succession to franchise ownership.

  1. Notwithstanding the terms, provisions or conditions of any franchise:
    1. Any owner or a licensee may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the owner in the new vehicle dealer;
    2. Unless there exists good cause for refusal to honor succession by the manufacturer, any designated family member of a deceased or incapacitated owner of a new vehicle dealer may succeed to the ownership of the new vehicle dealer under the existing franchise if:
      1. The designated family member gives the manufacturer written notice of intent to succeed to the ownership of the new vehicle dealer within thirty (30) days of the owner’s death or incapacity; and
      2. The designated family member agrees to be bound by all the terms and conditions of the franchise.
    3. The manufacturer may request and the designated family member shall promptly provide personal and financial data reasonably necessary to determine whether the succession should be honored;
    4. If a manufacturer believes good cause exists for refusing to honor the succession to the ownership of a new vehicle dealer by a family member of a deceased or incapacitated owner of a new vehicle dealer under the existing franchise agreement, the manufacturer may serve upon the designated family member and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than sixty (60) days from the date the notice is served. The notice may only be served not more than sixty (60) days following receipt of:
      1. Notice of the designated family member’s intent to succeed to the ownership of the new vehicle dealer; or
      2. Any personal or financial data which it has requested.
    5. The notice in paragraph (iv) of this subsection shall state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the new vehicle dealer no sooner than sixty (60) days from the date the notice is served;
    6. If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted under this act;
    7. Within twenty (20) days of receiving the notice after the end of any appeal procedure provided by the manufacturer, the designated family member may file with the department to protest the refusal to honor the successor. When such a protest is filed, the department shall inform the manufacturer that a timely protest has been filed and the manufacturer has sixty (60) days to respond to the protest after actually being informed by the department of the protest. The manufacturer shall not terminate or discontinue the existing franchise until the department has held a hearing under the Wyoming Administrative Procedure Act and determined that there is good cause for not permitting the succession. All hearing costs shall be borne as prescribed under W.S. 31-16-109(g);
    8. In determining whether good cause for the refusal to honor the succession exists, the manufacturer or importer has the burden of proof;
    9. This act does not preclude the owner of a new vehicle dealer from designating any person as his successor by written instrument filed with the manufacturer. If there is a conflict between the written instrument and this section and the written instrument has not been revoked by the owner of the new dealer in writing to the manufacturer the written instrument shall govern;
    10. As used in this section, “manufacturer” includes a manufacturer, a distributor, a factory branch, distributor branch or other representative.

History. Laws 1988, ch. 98, § 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 subsection (a)(vi) and in the first sentence in subsection (a)(ix), see § 31-16-101(a)(xx).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 31-16-111. Limitations on establishing or relocating new vehicle dealers.

  1. If a manufacturer seeks to enter into a franchise establishing an additional new vehicle dealer or relocating an existing new vehicle dealer within a radius of ten (10) miles from where the same line make is then represented the manufacturer shall in writing notify the department and each new vehicle dealer in that line make within a ten (10) mile radius of the intention to establish an additional dealer or to relocate an existing dealer within the ten (10) mile radius. Within twenty (20) days of receiving the notice or within twenty (20) days after the end of any appeal procedure provided by the manufacturer, any new vehicle dealer notified may file with the department to protest the establishing or relocating of the new vehicle dealer. When a protest is filed, the department shall inform the manufacturer that a timely protest has been filed, and the manufacturer has forty-five (45) days to respond to the protest. The manufacturer shall not establish or relocate the proposed new vehicle dealer until the department has held a hearing under the Wyoming Administrative Procedure Act, nor thereafter, if the department has determined that there is good cause for not permitting the addition or relocation of the new vehicle dealer which determination shall be made within sixty (60) days of receipt by the department of the response to the protest from the manufacturer. All hearing costs shall be borne as prescribed in W.S. 31-16-109(g).
  2. This section does not apply:
    1. To the relocation of an existing new vehicle dealer within that dealer’s relevant market area, provided that the relocation not be at a site within seven (7) miles of a new vehicle dealer for the same line make of vehicle;
    2. If the proposed new vehicle dealer is to be established at or within two (2) miles of a location at which a former new vehicle dealer for the same line make had ceased operating within the previous two (2) years;
    3. To the reopening of a new vehicle dealer who temporarily has been out of business;
    4. If the protesting new vehicle dealer has not established to the department that he:
      1. Is a licensed new motor vehicle dealer of the same line make located within ten (10) miles of the proposed location of the additional new vehicle dealer or of the proposed relocation site of an existing new vehicle dealer;
      2. Is providing facilities, equipment, parts, capital and personnel in substantial compliance with its contractual obligations to the manufacturer; and
      3. Has attained in the last three (3) years sales penetration for the manufacturer in his area of responsibility that is equal to or greater than the average penetration of all same line make new vehicle dealers in the state; or
    5. Where the relocation is two (2) miles or less from the existing location of the relocating new vehicle dealer.
  3. In determining whether good cause has been established for not entering into or relocating an additional new vehicle dealer for the same line make, the department shall take into consideration the existing circumstances including, but not limited to:
    1. Permanency of the investment of both the existing and proposed new vehicle dealers;
    2. Growth or decline in population and new motor vehicle registrations in the relevant market area;
    3. Effect on the consuming public in the relevant market area;
    4. Whether it is injurious or beneficial to the public welfare for an additional new vehicle dealer to be established;
    5. Whether the new vehicle dealers of the same line make in that relevant market area are providing adequate competition and convenient customer care for the vehicles of the line make in the market area, including the adequacy of vehicle sales and service facilities, equipment, supply of vehicle parts and qualified service personnel;
    6. Whether the establishment of an additional new vehicle dealer would increase competition and be in the public interest.
  4. The protesting new vehicle dealer shall have the burden of establishing that good cause does not exist for the establishment of an additional new vehicle dealer or the relocation of an existing new vehicle dealer.

History. Laws 1988, ch. 98, § 1.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 31-16-112. Penalty.

  1. Any person, Wyoming based manufacturer, direct sale manufacturer, vehicle dealer, salesperson or agent who violates this act or any rule or regulation promulgated under this act 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. The highway patrol division and other enforcement officers as the department designates are charged with the duty of policing and enforcing the provisions of this act. The designated enforcement officers have authority to issue citations for violations of any of the provisions of this act.

History. Laws 1988, ch. 98, § 1; 2001, ch. 24, § 1; 2005, ch. 159, § 1; 2017 ch. 208, § 1, effective July 1, 2017.

The 2005 amendment, effective July 1, 2005, added (b), designating the existing provisions as (a).

The 2017 amendment, effective July 1, 2017, in (a) added “direct sale manufacturer” toward the beginning.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-16-101(a)(xx).

Cited in

Lariat Diesel Corp. v. Wyo. DOT, 2004 WY 25, 86 P.3d 266, 2004 Wyo. LEXIS 31 (2004).

§ 31-16-113. Product liability responsibility.

A manufacturer shall file with the department a copy of the delivery and preparation obligations required to be performed by a new vehicle dealer prior to the delivery of a new vehicle to a buyer. These delivery and preparation obligations constitute the new vehicle dealer’s only responsibility for product liability as between the new vehicle dealer and the manufacturer, except for a loss caused by the new vehicle dealer’s failure to adhere to these obligations, a loss caused by the new vehicle dealer’s negligent, reckless or intentional misconduct or loss caused by the new vehicle dealer’s modification of a product without manufacturer’s authorization. Any mechanical, body or parts defects arising from an express or implied warranty of the manufacturer constitute the manufacturer’s product or warranty liability only as between the manufacturer and the new vehicle dealer. This section shall not affect the obligation of new vehicle dealers to perform warranty repair, other service and maintenance as may be required by law or contract.

History. Laws 1988, ch. 98, § 1.

§ 31-16-114. Product liability indemnification.

Notwithstanding the terms of any franchise agreement, no new vehicle manufacturer shall fail to indemnify and hold harmless its franchised new vehicle dealers against any judgment or settlement for damages including, but not limited to, court costs and reasonable attorney fees of the new vehicle dealer, arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission of the sale to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly or design of new vehicles, parts or accessories or other functions by the manufacturer beyond the control of the new vehicle dealer. This section does not absolve any new vehicle dealer from responsibility for the negligent, reckless or intentional misconduct of the new vehicle dealer and his employees and agents.

History. Laws 1988, ch. 98, § 1.

§ 31-16-115. Disclosure of damage required.

On any new vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price measured by the claim for reimbursement to the manufacturer or transportation or insurance carrier shall be disclosed in writing prior to delivery. Damage to glass, tire and bumpers and any damaged components, body panels, or options which can be replaced by identical components without welding are excluded from the six percent (6%) rule when replaced by identical manufacturer’s original equipment.

History. Laws 1988, ch. 98, § 1.

§ 31-16-116. Grounds for revocation; cessation of right to revocation.

Repaired damage to a customer-ordered new vehicle, not exceeding the six percent (6%) rule, does not constitute grounds for revocation of the customer order. The customer’s right of revocation ceases upon his acceptance of delivery of the vehicle if disclosure required in this act is made prior to delivery.

History. Laws 1988, ch. 98, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence, see § 31-16-101(a)(xx).

§ 31-16-117. Payment for delivery preparation, warranty, sales incentives and service incentives.

  1. Each new vehicle manufacturer shall specify in writing to each of its new vehicle dealers licensed in this state the dealer’s obligations for predelivery preparation and warranty service on its products, compensate the new vehicle dealer for service required of the dealer by the manufacturer and provide the dealer a schedule of compensation to be paid the dealer for parts, work and service in connection therewith, and the time allowance for the performance of that work and service.
  2. No schedule of compensation shall fail to include reasonable compensation for diagnostic work, repair service and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. The hourly labor rate charged by the dealer for warranty service shall not exceed the hourly labor rate charged to nonwarranty customers for nonwarranty service and repairs, provided that rate is reasonable. Reimbursement for parts purchased by the dealer for use in performing work pursuant to a manufacturer’s express warranty shall be dealer cost plus thirty percent (30%).
  3. No new vehicle manufacturer shall fail to perform any warranty obligations, fail to include in written notices of factory recalls to new vehicle owners and dealers, the expected date by which necessary parts and equipment will be available to dealers for the correction of those defects or fail to compensate any of the new vehicle dealers in this state for repairs affected by recall.
  4. All claims made by new vehicle dealers for predelivery preparation, warranty, sales incentives or service incentives shall be paid or credited within thirty (30) days following their approval. The manufacturer may audit claims and charge the dealer for unsubstantiated or incorrect claims for a period of one (1) year following payment except where the manufacturer reasonably suspects fraud. A manufacturer that reasonably suspects fraud may audit claims for a period of four (4) years and charge the dealer for fraudulent claims as otherwise provided by law. All claims shall be either approved or disapproved within thirty (30) days after their receipt, on forms or by computerized communication and in the manner specified by the manufacturer including a computerized communications system. Any claim not specifically disapproved in writing or through electronic communication within thirty (30) days after receipt is construed to be approved and payment shall be made within thirty (30) days.
  5. This section shall apply to each manufacturer or distributor of motor vehicles, medium duty or heavy duty truck components or engines who provides integral parts of vehicles or major components by selling directly to dealers or enters into a contract with a motor vehicle, medium duty or heavy duty truck dealer which authorizes the dealer to perform warranty or other services on products produced or distributed.

History. Laws 1988, ch. 98, § 1; 2005, ch. 159, § 1; 2019 ch. 89, § 1, effective July 1, 2019.

The 2005 amendment, effective July 1, 2005, in (d), rewrote the former second sentence as the present second and third sentences, decreasing the time for audit of unsubstantiated or incorrect claims and extending the time for audit where the manufacturer reasonably suspects fraud; and added (e).

The 2019 amendment, effective July 1, 2019, in (d), substituted "for predelivery preparation, warranty, sales incentives or service incentives" for "pursuant to this section for labor and parts" in the first sentence, and deleted the comma following "incorrect" in the second sentence.

§ 31-16-118. Repair or replacement of an odometer.

Nothing in this act shall be construed to prohibit the service, repair or replacement of an odometer, provided the indicated mileage remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before the service, repair or replacement, the odometer shall be adjusted to read zero and a notice shall be attached permanently to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. No person shall fail to adjust an odometer or affix a notice regarding that adjustment, as required under this section. No person shall with intent to defraud remove or alter any notice affixed to a vehicle under this section.

History. Laws 1988, ch. 98, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 31-16-101(a)(xx).

§ 31-16-119. Disconnecting, turning back or resetting of odometer prohibited.

No person shall disconnect, turn back, or reset the odometer of any vehicle with the intent to reduce the number of miles indicated on the odometer gauge.

History. Laws 1988, ch. 98, § 1.

§ 31-16-120. Selling vehicle knowing odometer turned back unlawful.

No person shall sell a vehicle in this state if he has knowledge that the odometer on the vehicle has been turned back unless he notifies the buyer prior to the time of the sale that the odometer has been turned back or that he has reason to believe that the odometer has been turned back.

History. Laws 1988, ch. 98, § 1.

§ 31-16-121. Selling vehicle knowing odometer replaced unlawful.

No person shall sell a vehicle in this state if he has knowledge that the odometer on the vehicle has been replaced with another odometer unless he notifies the buyer prior to the time of the sale that the odometer has been replaced or that he believes the odometer to have been replaced.

History. Laws 1988, ch. 98, § 1.

§ 31-16-122. Selling, advertising, using or installing device which causes other than true mileage to be registered.

No person shall advertise for sale, sell, use or install on any part of a vehicle or on an odometer in a vehicle, any device which causes the odometer to register any mileage other than the true mileage driven. For the purposes of this section, the true mileage driven is that driven by the vehicle as registered by the odometer within the manufacturer’s designed tolerance.

History. Laws 1988, ch. 98, § 1.

§ 31-16-123. Purchaser plaintiff to recover costs and attorney's fees.

  1. The purchaser of a vehicle may recover from the seller of the vehicle court costs and reasonable attorney fees fixed by the court, if:
    1. The suit or claim is based substantially upon the purchaser’s allegation that the odometer on the vehicle has been tampered with contrary to this act or replaced contrary to this act; and
    2. It is found in such suit that the seller of the vehicle or any of his employees or agents knew or had reason to know the odometer on the vehicle had been tampered with or replaced and failed to disclose the knowledge to the purchaser prior to the time of sale.

History. Laws 1988, ch. 98, § 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 twice in subsection (a)(i), see § 31-16-101(a)(xx).

§ 31-16-124. Applicability of provisions.

  1. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale or has business dealings with respect to a new vehicle sale within this state is subject to this act and is subject to the jurisdiction of the courts of this state.
  2. The applicability of this act is not affected by a choice of law clause in any franchise, agreement, waiver, novation or other written instrument.
  3. Any provision of any agreement, franchise, waiver, novation or other written instrument which is in violation of any section of this act is null and void and without force and effect.
  4. No manufacturer or other franchisor shall use any subsidiary corporation, affiliated corporation or any other controlled corporation, partnership, association or person to accomplish what would otherwise be illegal conduct under this act on the part of the manufacturer.
  5. Nothing in this act shall be construed to impair the obligations of a contract entered into prior to the date this act becomes effective or to prevent a manufacturer, distributor, representative or any other person, whether or not licensed under this act, from requiring performance of the prior written contract entered into with any licensee nor shall the requirement of that performance constitute a violation of this act if the contract, or the terms thereof, requiring performance, was freely entered into and executed between the contracting parties. This act applies to any amendments, novations, records or modifications of prior contracts and to any contracts entered into subsequent to the date this act becomes effective.
  6. Any assignment or delegation by a manufacturer or other franchisor, except an assignment or delegation agreed to by the affected new vehicle dealer does not relieve the manufacturer or other franchisor of liability for performance of obligations under any franchise agreement or in any way limit the application of this act to the manufacturer or other franchisor.

History. Laws 1988, ch. 98, § 1.

Editor's notes. —

Laws 1988, ch. 98, § 4, makes the act effective on June 9, 1988.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-16-101(a)(xx).

§ 31-16-125. Demo, full use, and manufacturer license plates.

  1. Any licensed dealer who sells or exchanges retail twelve (12) or more vehicles in any twelve (12) consecutive month period shall apply to the county treasurer in the county in which the business is licensed for demo and full use license plates. After presentation of a current dealer’s license and payment of fees, the treasurer shall assign the requested number of plates to an approved applicant for use in the business located in the county. The treasurer shall not assign plates to a dealer in excess of the number approved by the department.
  2. The department shall authorize any licensed dealer who sells or exchanges retail twelve (12) or more vehicles in any one (1) calendar year to purchase the following number of demo license plates annually:
    1. If the dealer applied for a renewal certificate based on the total number of retail sales by the dealer during the twelve (12) full calendar months preceding the date of application for renewal:
      1. Three (3) demo plates plus one (1) demo plate for each twenty-five (25) retail vehicle sales or fractional part thereof for the first one thousand (1,000) retail vehicle sales;
      2. One (1) demo plate for each fifty (50) retail vehicle sales or fractional portion thereof from one thousand one (1,001) through one thousand five hundred (1,500) retail vehicle sales;
      3. One (1) demo plate for each one hundred (100) retail vehicle sales or fractional portion thereof in excess of one thousand five hundred (1,500) retail vehicle sales;
      4. In addition to demo plates otherwise authorized under this paragraph, one (1) plate for each four (4) retail vehicle sales or fractional part thereof if the vehicle is a truck with an unladen weight greater than six thousand (6,000) pounds or a recreational vehicle;
      5. Repealed by Laws 2021, ch. 64, § 2.
    2. If the dealer applied for a new dealer license, he may purchase demo plates in the same amount specified in paragraph (i) of this subsection, except authorization to purchase demo license plates shall be based on the dealer’s reasonable estimate of the number of retail vehicle sales the dealer will make during the first year of business. The department may revise the estimate and reduce or increase the number of demo license plates authorized under this paragraph at any time, but not less than ninety (90) days after the certificate is issued if, from the number of retail sales made, it appears the estimate is substantially inaccurate. No dealer shall hold demo or full use license plates in excess of the number authorized. No refund shall be granted for demo or full use license plates returned under this paragraph.
  3. The department shall authorize and the county treasurer upon application and payment of the fees shall assign one (1) demo plate to any dealer selling fewer than twelve (12) vehicles per calendar year.
  4. The department shall authorize a licensed dealer to purchase full use license plates not to exceed fifty percent (50%) of the total number of demo plates allowed by subsection (b) of this section.
  5. A banking or lending institution engaged in the business of making loans secured by vehicles, or persons engaged in the business of repossessing vehicles, may acquire demo or full use license plates after presentation of a current dealer’s license and upon payment of fees required by dealers and may use the demo or full use license plates solely for the repossession and sale of vehicles.
  6. Licensed Wyoming based manufacturers may apply to the department for one (1) or more manufacturer license plates, or, if the department authorizes, to the county treasurer in a county where the manufacturer has an established place of business. After presentation of a current manufacturer certificate and payment of fees, the department or treasurer, if authorized, shall assign to the manufacturer the number of license plates approved by the department for use in the usual and customary conduct of the manufacturer’s business including, demonstrating, testing, transporting or selling a vehicle.
  7. Licensed dealers who have received demo license plates may apply for and receive temporary license permits from the department upon payment of fees.
  8. The department may authorize a dealer to purchase demo license plates in addition to the number authorized under subsection (b) of this section upon a showing of a substantial increase in the dealer’s business or for other good cause shown.
  9. Every dealer or manufacturer upon transferring a vehicle by sale, lease or otherwise to any person other than a dealer or manufacturer shall immediately give written notice of the transfer to the department upon the official form provided by the department. The notice shall contain the date of the transfer, the names and addresses of the transferor and transferee, and a description of the vehicles required on the form.
  10. Licensed direct sale manufacturers may apply to the department for one (1) or more manufacturer license plates. After presentation of a current direct sale manufacturer license and payment of fees, the department shall assign to the direct sale manufacturer the number of license plates approved by the department for use in the usual and customary conduct of the manufacturer’s business including, demonstrating, testing, transporting or selling a vehicle.

History. Laws 1997, ch. 154, § 1; 2005, ch. 159, § 1; 2017 ch. 208, § 1, effective July 1, 2017; 2021 ch. 64, § 2, effective July 1, 2021.

The 2005 amendment, effective July 1, 2005, in (a), rewrote the first sentence.

The 2017 amendment, effective July 1, 2017, added (k).

The 2021 amendment, effective July 1, 2021, repealed (b)(i)(E), which read, “One (1) demo plate if the applicant is an antique vehicle dealer.”

Editor's notes. —

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

§ 31-16-126. Use of demo, full use plates; temporary permits.

  1. Vehicles while included as a part of a licensed dealer’s inventory may be operated on highways with demo license plates issued pursuant to W.S. 31-16-125 , provided that:
    1. Demo plates may only be displayed on vehicles owned by or consigned to the dealership;
    2. Notwithstanding paragraph (v) of this subsection, a dealer demo plate may only be used on a vehicle operated by a prospective buyer, by a dealership employee with a prospective buyer in the vehicle, or for conducting legitimate dealership business by a dealership employee during normal business hours and for no other purpose except as authorized by the department for good cause shown;
    3. A dealer demo plate may not be used on any vehicle which has been sold and is in the possession of the purchaser, or upon any vehicle leased or rented by a dealer;
    4. A demonstration by a prospective buyer cannot exceed seven (7) calendar days;
    5. Owners and employees of the dealership may not operate a vehicle with demo plates for their private purposes or use a demo plate for commercial purposes except as provided by this section;
    6. Demo plates cannot be displayed on any of the following vehicles owned by the dealership which shall be titled and registered in the name of the dealership:
      1. Tow vehicles;
      2. Parts and delivery vehicles;
      3. Service department loaners;
      4. Courtesy shuttle vehicles;
      5. Rental vehicles; and
      6. Haulers.
    7. Except as authorized by the department for good cause shown, a dealer demo plate shall not be loaned to charitable organizations, parades or shows;
    8. A dealer demo plate shall not be loaned or given to any person other than prospective buyers for demonstration purposes;
    9. Demo plates shall be designated by “DEMO” above or below the plate numbers;
    10. The number of demo plates issued to a dealer shall be subject to W.S. 31-16-125 .
  2. Vehicles while included as a part of a licensed dealer’s inventory may be operated on highways with full use license plates issued pursuant to W.S. 31-16-125 provided that full use license plates:
    1. Shall be designated by “FULL USE” above or below the plate numbers;
    2. Shall be limited to no more than fifty percent (50%) of a dealer’s allotted demo plates;
    3. Shall be valid for one (1) year;
    4. May be used only on vehicles owned and offered for sale by the dealer. Full use plates shall not be used on vehicles owned by the dealership that are commonly used by that dealer as tow trucks, parts vehicles, rental vehicles, courtesy shuttles or haulers;
    5. May be transferred from one (1) vehicle to another freely and without notification to the department;
    6. May be assigned by a vehicle dealer to the following persons:
      1. Owner or co-owners;
      2. Employees;
      3. To any person including former, current and prospective customers in order to serve the legitimate business interests of the dealership;
      4. A spouse living in the same household as the licensed dealer.
  3. A vehicle dealer may not use a demo, full use or manufacturer license plate on any vehicle type the dealer is not licensed to sell, as indicated on the dealer’s application for a dealer license. No demo, full use, direct sale manufacturer or Wyoming based manufacturer license plate shall be used upon any vehicle rented, or leased by a dealer, direct sale manufacturer or Wyoming based manufacturer or upon a wrecker or delivery truck used by a dealer, direct sale manufacturer or Wyoming based manufacturer, except that a demo, full use or Wyoming based manufacturer license plate may be used on a vehicle lawfully being repossessed by a dealer, direct sale manufacturer or Wyoming based manufacturer. A demo, full use or manufacturer license plate for trailers may be used on a trailer being used by a dealer or Wyoming based manufacturer to transport a boat if the boat:
    1. Is being transported for the purpose of demonstration or sale; and
    2. Is included in the dealer’s or manufacturer’s inventory.
  4. Vehicles may be operated without registration for sixty (60) days from the date of purchase when displaying a temporary license permit issued by a licensed dealer or the department. The form and display of the temporary license permit shall be prescribed by the department.

History. Laws 1997, ch. 154, § 1; 2015 ch. 31, § 1, effective January 1, 2016; 2017 ch. 208, § 1, effective July 1, 2017.

Cited in

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

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

The 2017 amendment, effective July 1, 2017, in (c) added “direct sale manufacturer” three times in the second sentence.

§ 31-16-127. Temporary recreational vehicle display and sales permit.

  1. No out of state recreational vehicle dealer shall display, demonstrate, exchange or sell a recreational vehicle, as defined in W.S. 31-16-101(a)(xxiii), in this state without a permit as provided in subsection (b) of this section.
  2. The department shall issue a temporary recreational vehicle display and sales permit to an out of state recreational vehicle dealer not currently licensed in Wyoming, subject to the following conditions:
    1. The applicant shall submit an application accompanied by an application fee of five hundred dollars ($500.00) to the department at least ninety (90) days prior to the recreational vehicle display and sales event. The application shall be on a form approved by the department and shall include:
      1. The legal name and residence address of the applicant and the trade name, if any, under which the applicant intends to conduct his business. If the applicant is a partnership, the name and residence address of its managing partner, whether a limited or general partner, and the name under which the partnership business is to be conducted. If the applicant is a corporation, the name of the corporation and the name and address of its principal officer. If the applicant is a limited liability company, the name and address of the managing members;
      2. Any other information the department may reasonably require, including financial statements of new applicants, past or present judicial, civil or administrative dispositions of criminal, civil or administrative actions relating to the conduct of the business if currently licensed or a new applicant, telephone numbers, sales and use tax numbers for the business and declared business hours. Any new applicant for a permit issued under this section shall submit to fingerprinting and provide information necessary for a state and national criminal history record background check and release of information as provided in W.S. 7-19-106(k)(ii) and consent to the release of any criminal history information to the department;
      3. An indication whether the applicant wishes to purchase one (1) or two (2) temporary recreational vehicle demo plates for an additional fee as set forth in W.S. 31-3-102(a)(v);
      4. An indication whether the applicant wishes to purchase a minimum order as set forth in department rules for an additional fee established in accordance with W.S. 31-3-102(a)(x) of temporary permits for issuance to purchasers of recreational vehicles at the event;
      5. Any additional fees required by state and federal agencies for processing of criminal history record information and fingerprint searches.
    2. The applicant is a licensed recreational vehicle dealer in its state of residence;
    3. The recreational vehicle display and sales event is in conjunction with a state, regional or national recreational vehicle rally at which at least one hundred fifty (150) owned units are preregistered to attend;
    4. The application shall be accompanied by a written statement from the owner or manager of the location where the recreational vehicle display and sales event will be conducted, describing the associated recreational vehicle rally and the display and sales event;
    5. The owner or manager of the location where the recreational vehicle display and sales event will be conducted shall notify all licensed Wyoming recreational vehicle dealers when a temporary recreational vehicle display and sales event is planned. Notice shall be timely, but not less than six (6) months prior to the event;
    6. Wyoming licensed dealers shall have a first right of refusal to purchase space for the purpose of displaying and selling recreational vehicles, exercisable for three (3) months following the date of the notice required by paragraph (v) of this subsection, at any event for which a permit is required under this section;
    7. Wyoming licensed recreational vehicle dealers holding a current exclusive franchise or dealer agreement with a recreational vehicle manufacturer shall have the first right of refusal to be the sole representative for that manufacturer, as provided in the exclusive franchise or dealer agreement;
    8. Recreational vehicle dealers in a state allowing sales by out of state recreational vehicle dealers on terms substantially equal to those provided for in this section shall have a second right of refusal to purchase space for the purpose of displaying and selling recreational vehicles, exercisable for one (1) month following expiration of the first right of refusal provided by paragraph (vi) of this subsection, at any event for which a permit is required under this section;
    9. A permit pursuant to this section shall be valid for a period up to seven (7) consecutive days, beginning on the first day of the scheduled event;
    10. Not more than three (3) permits as provided in this section shall be issued to any one (1) out of state recreational vehicle dealer in one (1) calendar year;
    11. The application shall be accompanied by a cash or surety bond in the amount of fifty thousand dollars ($50,000.00) with a corporate surety duly licensed to do business within this state. The bond shall:
      1. Be approved as to form by the attorney general;
      2. Be conditioned that the applicant shall not practice any fraud, make fraudulent misrepresentations, or violate any federal or state law, rules or regulations relating to the conduct of the business;
      3. Guarantee the return of the temporary recreational vehicle display and sales permit, recreational vehicle demo plates, unused temporary permits and stubs of temporary permits issued to purchasers;
      4. Be forfeited to the department upon any violation of this act;
      5. Be returned by the department to the bond holder within thirty (30) days after the last day of the event if no sales were consummated in Wyoming, or one (1) year after the last date of any sales transacted at the event if all conditions and guarantees of the bond have been met.
    12. The permit shall be prominently displayed at the sales event in the location where the permit holder conducts business;
    13. Out of state dealers at a temporary recreational vehicle sales and display event, prior to consummation of a vehicle sale to a Wyoming resident, shall provide written notice to the buyer of the location of the manufacturer authorized service facility nearest to the event.
  3. For purposes of this section:
    1. “Out of state recreational vehicle dealer” means a dealer as defined in W.S. 31-16-101(a)(xviii) who is engaged in the business of selling or exchanging recreational vehicles and who is not licensed as a new vehicle dealer or used vehicle dealer as provided in this act;
    2. “Recreational vehicle display and sales event” means any temporary private or public assembly of recreational vehicles at which recreational vehicles are displayed to the public for the purpose of sale or exchange.
  4. The department shall adopt rules and regulations to implement the provisions of this section.

History. Laws 2007, ch. 80, § 1; 2021 ch. 64, § 1, effective July 1, 2021.

The 2021 amendment , effective July 1, 2021, in (b)(i)(C), substituted "indication whether the applicant wishes to purchase one (1) or" for "additional fee of fifty dollars ($50.00) for," added "for an additional fee as set forth in W.S. 31-3-102(a)(v)"; and substituted "indication whether the applicant wishes to purchase a minimum order as set forth in department rules for an additional fee established in accordance with W.S. 31 3 102(a)(x) of" for "additional fee of five dollars ($5.00) for ten (10)" in (b)(i)(D).

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 31-16-101(a)(xx).

Effective dates. —

Laws 2007, ch. 80, § 3, makes the act effective July 1, 2007.

Chapter 17 Commercial Driver Licenses [Repealed]

§§ 31-17-101 and 31-17-102. [Repealed.]

Repealed by Laws 1993, ch. 145, § 5.

Editor's notes. —

These sections, which derived from Laws 1989, ch. 176, § 1, constituted the short title and definitions provisions of the Uniform Commercial Driver License Act. For present similar provisions, see § 31-7-102 .

§§ 31-17-103 and 31-17-104. [Renumbered.]

Renumbered as §§ 31-7-301 and 31-7-302 by Laws 1993, ch. 145, § 3.

Cross references. —

As to notification required by driver, and employer responsibilities, see §§ 31-7-301 and 31-7-302 , respectively.

§ 31-17-105. [Repealed.]

Repealed by Laws 1993, ch. 145, § 5.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

Editor's notes. —

This section, which derived from Laws 1989, ch. 176, § 1, related to the requirement of a commercial driver's license.

§ 31-17-106. [Renumbered.]

Renumbered as § 31-7-303 by Laws 1993, ch. 145, § 3.

Cross references. —

As to exemptions, see § 31-7-303 .

§§ 31-17-107 through 31-17-109. [Repealed.]

Repealed by Laws 1993, ch. 145, § 5.

Editor's notes. —

These sections, which derived from Laws 1989, ch. 176, § 1, related to commercial driver qualification standards, instruction permits and driver's licenses, respectively.

§ 31-17-110. [Repealed and Renumbered.]

  1. Repealed by Laws 1993, ch. 145, § 5.
  2. through (f) Renumbered as § 31-7-304 (a) through (e) by Laws 1993, ch. 145, § 3. Cross references. — As to commercial driver's license, see §§ 31-7-304 through 31-7-313 .

§ 31-17-111. [Renumbered.]

Renumbered as § 31-7-305 by Laws 1993, ch. 145, § 4.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

§ 31-17-112. [Renumbered.]

Renumbered as § 31-7-306 by Laws 1993, ch. 145, § 3.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

§ 31-17-113. [Renumbered.]

Renumbered as § 31-7-307 by Laws 1993, ch. 145, § 4.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

§§ 31-17-114 through 31-17-118. [Renumbered.]

Renumbered as §§ 31-7-308 through 31-7-312 by Laws 1993, ch. 145, § 3.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

§§ 31-17-119 and 31-17-120. [Repealed.]

Repealed by Laws 1993, ch. 145, § 5.

Cross references. —

As to commercial driver's licenses, see §§ 31-7-304 through 31-7-313 .

Editor's notes. —

These sections, which derived from Laws 1989, ch. 176, § 1, related to fees and general penalties.

Section 31-17-119 was also purportedly amended by Laws 1993, ch. 136, § 1. However, this amendment was not given effect in light of the repeal of § 31-17-119 by Laws 1993, ch. 145, § 5.

Chapter 18 Commercial Vehicles

Editor's notes. —

Laws 1993, ch. 68, §§ 1 and 3 through 5 created a new chapter 18 of title 31, made up of new, amended and renumbered sections. For a table of revised and renumbered sections, see Volume 11 of the Wyoming Statutes Annotated.

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

Liability of motorbus carrier or driver for death of, or injury to, discharged passenger struck by other vehicle, 16 ALR5th 1.

Article 1. Generally

§ 31-18-101. Definitions.

  1. As used in this act:
    1. Repealed by Laws 1998, ch. 46, § 2.
    2. “Authority” means a document issued under this act by the department, granting intrastate authority to a person to operate a motor vehicle as a motor carrier transporting persons or property;
    3. “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. Repealed by Laws 2009, ch. 183, § 2.
      2. Repealed by Laws 2009, ch. 183, § 2.
      3. Repealed by Laws 2009, ch. 183, § 2.
      4. With respect to interstate operation:
        1. Any vehicle engaged in transporting of persons or property, having a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination weight of ten thousand one (10,001) pounds or more;
        2. Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;
        3. Any vehicle transporting sixteen (16) or more passengers, including the driver, without compensation;
        4. Any vehicle requiring a hazardous materials placard; or
        5. Any power unit having three (3) or more axles regardless of weight.
      5. With respect to intrastate operation:
        1. Any vehicle engaged in transporting of persons or property, having a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination weight of twenty-six thousand one (26,001) pounds or more;
        2. Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;
        3. Any vehicle transporting sixteen (16) or more passengers, including the driver, without compensation;
        4. Any vehicle requiring a hazardous materials placard;
        5. A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;
        6. A power unit having three (3) or more axles regardless of weight; or
        7. Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight.
    4. “Compensation” means money or other recompense given, either directly or indirectly, for the transportation of persons or property by a motor carrier;
    5. “Department” means the department of transportation;
    6. and (vii) Repealed by Laws 1998, ch. 46, § 2.
    7. “Gross vehicle weight” means as defined in W.S. 31-1-101(a)(vii);
    8. “Highway” means any road, street or way, whether on public or private property, open to public travel of any kind in Wyoming. For purposes of this paragraph, “open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars and open to the general public for use without restrictive gates, prohibitive signs or regulation other than restriction based on size, weight or class of registration. Toll plazas of public toll roads are not considered restrictive gates;
    9. “Motor carrier” or “carrier” means a contract, private or interstate commercial vehicle operating on highways as hereafter defined:
      1. “Contract motor carrier” means any person engaged in the intrastate or interstate transportation of persons or property by motor vehicle on highways for compensation;
      2. and (C) Repealed by Laws 1998, ch. 46, § 2. (D) “Private motor carrier” means any person engaged in business and operating a vehicle which has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding twenty-six thousand (26,000) pounds operating intrastate or has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding ten thousand (10,000) pounds operating interstate who, without compensation, transports over highways his employees or property of which the person is the owner, lessee or bailee, used in the furtherance of any commercial enterprise including transporting placardable amounts of hazardous materials or operating a vehicle designed to transport sixteen (16) or more passengers, including the driver. As used in this paragraph “commercial enterprise” means activities of those persons engaged in the exchange, purchase or selling of commodities or rendering a service in related financial transactions; (E) Repealed by Laws 1998, ch. 46, § 2. (F) “Interstate motor carrier” means any person engaged in the transportation of person or property by motor vehicle from one (1) state to another for compensation, including locations outside of the United States.
    10. “Motor vehicle” means every self-propelled vehicle intended primarily for use and operation on highways;
    11. through (xvi) Repealed by Laws 1998, ch. 46, § 2.
    12. “State highway” means any highway now or subsequently designated as a state highway by the state transportation commission;
    13. “Trailer” means a vehicle without propelling power designed to be drawn by a motor vehicle. The term includes the following vehicles as hereafter defined:
      1. “House trailer” means a trailer designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and equipped for use as a conveyance on highways;
      2. “Semitrailer” means every vehicle of a trailer type not equipped with propelling power so designed for carrying property 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;
      3. “Utility trailer” means any trailer less than six thousand (6,000) pounds gross vehicle weight ordinarily pulled by or attached to a motor vehicle.
    14. “This act” means W.S. 31-18-101 through 31-18-903 ;
    15. “Intrastate” means the transportation of persons or property between points within Wyoming;
    16. “Gross combination weight rating” means as defined in W.S. 31-7-102(a)(xxi);
    17. “Gross vehicle weight rating” means as defined in W.S. 31-7-102(a)(xxii).

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-101 ; Laws 1987, ch. 150, § 2; 1989, ch. 129, §§ 1, 3; 1991, ch. 241, §§ 3, 4; 1993, ch. 68, § 3; 1998, ch. 46, §§ 1, 2; 2000, ch. 48, § 2; 2009, ch. 183, §§ 1, 2.

The 2009 amendment, effective July 1, 2009, repealed (a)(iii)(A), which read: “A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds”; repealed (a)(iii)(B), which read: “A power unit having three (3) or more axles regardless of weight; or”; repealed (a)(iii)(C), which read: “Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight”; added (a)(iii)(D) and (a)(iii)(E); in (a)(ix), in the first sentence substituted “street or way, whether on public or private property, open to public travel” for “thoroughfare or public way” and added the second and third sentences; in (a)(x), inserted “or interstate” preceding “commercial vehicle” and deleted “state” before “highways”; in (a)(x)(A), inserted “or interstate” following “intrastate” and deleted “state” before “highways”; in (a)(x)(D), in the first sentence, inserted “gross vehicle weight rating, gross combination weight or gross combination weight rating” following “gross vehicle weight”, inserted “operating intrastate or has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding ten thousand (10,000) pounds operating interstate” following “twenty-six thousand (26,000) pounds”, substituted “transports over highways” for “transports intrastate over state highways”, and added “including transporting placardable amounts of hazardous materials or operating a vehicle designed to transport sixteen (16) or more passengers, including the driver” at the end; added (a)(x)(F); and added (a)(xxi) and (a)(xxii).

Editor's notes. —

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

Nature of goods. —

Wholesale grocery company delivering goods to merchants along routes on which it transacted business, at wholesale prices plus transportation charge, was a private carrier and not in the transportation business, and that it charged for delivering its own goods was immaterial, as the goods transported were not “property of other.” Russell v. Walter Schultz Wholesale Grocery Co., 51 Wyo. 125, 64 P.2d 610, 1937 Wyo. LEXIS 8 (Wyo. 1937).

Construction of ordinance. —

Ordinance regulating motor caravans and exacting fee did not apply to new automobiles hauled on trailer-truck which was only 42 feet long, in view of existing conditions, legislation, court decisions and meaning of “caravan.” Western Auto Transps. v. Cheyenne, 57 Wyo. 351, 118 P.2d 761, 1941 Wyo. LEXIS 36 (Wyo. 1941).

Amount of fee. —

Fee fixed in ordinance for transporting motor caravans through city, to be lawful (if within power of municipality to exact under state law and if laws of congress do not forbid), though no nicety in calculation is required, should be confined to and commensurate with expenses incidental to regulation. Western Auto Transps. v. Cheyenne, 57 Wyo. 351, 118 P.2d 761, 1941 Wyo. LEXIS 36 (Wyo. 1941).

Effect of motor carrier's using facilities not its own. —

The fact that a motor carrier purposes to use freight handling facilities, etc., not its own, does not prevent its “holding itself out” to the public, within the meaning of former subparagraph (a)(x)(E), as an instrumentality which transports freight over regular routes with fixed termini and as such comes within the definition of “common motor carrier” under this section. Application of Union Pac. Motor Freight Co., 72 Wyo. 298, 264 P.2d 771, 1953 Wyo. LEXIS 46 (Wyo. 1953).

Section should be viewed in light of designation contained in art. 10, § 7, Wyo. Const., concerning what corporations are to be regarded as common carriers, in order to determine status of applicant as a common motor carrier. Application of Union Pac. Motor Freight Co., 72 Wyo. 298, 264 P.2d 771, 1953 Wyo. LEXIS 46 (Wyo. 1953).

Applied in

Good v. Reliance Ins. Co., 598 F. Supp. 332, 1984 U.S. Dist. LEXIS 21521 (D. Wyo. 1984); V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. 1996).

Stated in

White v. L.L. Smith Trucking, 742 P.2d 1286, 1987 Wyo. LEXIS 512 (Wyo. 1987).

Cited in

State Bd. of Equalization v. Stanolind Oil & Gas Co., 54 Wyo. 521, 94 P.2d 147, 1939 Wyo. LEXIS 32 (1939).

Law reviews. —

For article, “The Public Service Commission and Motor Carriers,” see 18 Wyo. L.J. 279 (1964).

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

Persons engaged in business of renting motor vehicle without drivers as subject to regulation as carrier, 7 ALR2d 456, 60 ALR4th 784.

Ambulance as common carrier, making operator liable for injuries to person being transported, 21 ALR2d 910, 68 ALR4th 14.

Car pool or “share-the-expense” arrangement as subjecting vehicle operator to regulations applicable to carriers, 51 ALR2d 1193.

Ferry operator as common carrier with respect to motor vehicles and occupants thereof, 69 ALR2d 1008.

§ 31-18-102. [Repealed.]

Repealed by Laws 1998, ch. 46, § 2.

Editor's notes. —

This section, which derived from Laws 1983, ch. 140, § 1, related the regulation of common motor carriers.

§ 31-18-103. Exemptions.

  1. The provisions contained in W.S. 31-18-104 , 31-18-209 , 31-18-301 and 31-18-304 do not apply to:
    1. through (iii) Repealed by Laws 2009, ch. 183, § 2.
    2. Intrastate  transportation on his own motor vehicle or combination of vehicles by any farmer or rancher, or  the employee of a farmer or rancher exclusively in his service, transporting  produce or commodities for his own use to and from his farm or ranch;
    3. The exchange  of intrastate transportation in their own motor vehicles, or combination  of vehicles by farmers  or ranchers, or the employees of farmers or ranchers exclusively in  their service, when the exchange is between farmers or ranchers, or  their employees, in the immediate community;
    4. The exclusive noncommercial transportation of children to and from school;
    5. The transportation of sick, injured or deceased persons by ambulance or hearse;
    6. Transportation by motor vehicle when the motor vehicle is owned or operated by the United States, the state of Wyoming or any subdivision thereof;
    7. Noncommercial vehicles engaged in the exclusive transportation of the United States mail;
    8. Repealed by Laws 1998, ch. 46, § 2.
    9. Repealed by Laws 2009, ch. 183, § 2.
    10. Repealed by Laws 1998, ch. 46, § 2.
    11. The intrastate transportation of livestock for show, performance or competition for noncommercial purposes.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-103 ; Laws 1989, ch. 129, § 1; 1991, ch. 8, § 1; 1993, ch. 68, § 3; 1994, ch. 33, § 1; 1998, ch. 46, §§ 1, 2; 2009, ch. 183, §§ 1, 2; 2017 ch. 97, § 1, effective July 1, 2017; 2018 ch. 32, § 1, effective July 1, 2018.

The 2009 amendment, effective July 1, 2009, repealed (a)(i), which read: “Motor carriers operating wholly within the confines of any Wyoming municipality”; repealed (a)(ii), which read: “Motor carriers transporting persons or property solely between a Wyoming municipality and airports considered adjacent thereto”; repealed (a)(iii), which read: “Motor carriers operating wholly within the confines of any highway construction project. Any operation on the highway outside of the actual construction site is not exempt”; inserted “intrastate” preceding “transportation” in (a)(iv) and (a)(v); inserted “noncommercial” preceding “transportation” in (a)(vi); substituted “Noncommercial vehicles” for “Motor carriers” in (a)(ix); and repealed (a)(xi), which read: “Transportation by motor vehicle on nonstate highways.”

The 2017 amendment, effective July 1, 2017, substituted “eighty thousand (80,000)” for “fifty-five thousand (55,000)” in (a)(iv) and (a)(v).

The 2018 amendment, effective July 1, 2018, in (a)(iv) and (v), deleted “having a gross vehicle weight of less than eighty thousand (80,000) pounds” following “combination of vehicles.”

Editor's notes. —

Laws 2017, ch. 97 , § 2, provides: "The department of transportation shall adopt any rules necessary to implement this act on or before July 1, 2017."

Laws 2018, ch. 32, § 2, provides: "On or before July 1, 2018, the department of transportation shall adopt any rules necessary to implement this act."

Highway regulations. —

State could regulate or prohibit use of highway only for promotion of safety, peace and general welfare. Weaver v. Public Serv. Comm'n, 40 Wyo. 462, 278 P. 542, 1929 Wyo. LEXIS 47 (Wyo. 1929).

Applied in

V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. 1996).

Cited in

Salt Creek Transp. Co. v. Public Serv. Comm'n, 37 Wyo. 488, 263 P. 621, 1928 Wyo. LEXIS 12 (1928).

§ 31-18-104. Powers and duties of the department.

  1. The department shall:
    1. Supervise and regulate the operations of motor carriers to:
      1. Preserve the safety of the highways;
      2. and (C) Repealed by Laws 1998, ch. 46, § 2.
    2. Repealed by Laws 1998, ch. 46, § 2.
    3. Issue, refuse to issue or suspend the:
      1. Authority to operate as a contract or private motor carrier; or
      2. Commercial vehicle registration.
    4. and (v) Repealed by Laws 1998, ch. 46, § 2.
    5. Promulgate and enforce rules and regulations as are necessary to carry out this act;
    6. Repealed by Laws 1998, ch. 46, § 2.
    7. Make and enforce rules of procedure for holding hearings including fixing reasonable fees for filing complaints and other pleadings subject to the Wyoming Administrative Procedure Act;
    8. Exercise such other powers as are reasonably necessary to carry out and enforce this act.
  2. The department may initiate appropriate civil proceedings in the courts of this state to enforce and cause to be prosecuted criminal violations of this act, or of orders, rules or regulations. The district and county and prosecuting attorneys of this state shall prosecute all criminal violations. Other persons affected by violations of this act or the orders, rules or regulations of the department, may seek redress by appropriate remedy in the courts of this state or upon proper complaint or application to the department. The department may revoke any authority upon conviction of a carrier of any violation under W.S. 31-18-701(a) or after notice and hearing upon good cause shown.
  3. through (e) Repealed by Laws 1998, ch. 46, § 2.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-104; Laws 1987, ch. 150, § 1; 1991, ch. 241, §§ 3, 4; 1993, ch. 68, § 3; 1998, ch. 46, §§ 1, 2; 2020 ch. 9, § 1, effective July 1, 2020.

The 2020 amendment, effective July 1, 2020, designated former (a)(iii) as the introductory language of (a)(iii) and (a)(iii)(A); in the introductory language of (a)(iii) added “or suspend the” and made related changes; and added (a)(iii)(B) and made related changes.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-18-101(a)(xix).

No evidence of competition. —

Contract carrier, seeking common-carrier rate under subsection (a)(ii), unable to produce evidence that any common carriers were actually competing for his hauls. See White v. L. L . Smith Trucking, 742 P.2d 1286, 1987 Wyo. LEXIS 512 (Wyo. 1987) (decided under former § 37-8-104).

Article 2. Registration, Authority and Permits

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

7A Am. Jur. 2d Automobiles and Highway Traffic §§ 49 to 170.

60 C.J.S Motor Vehicles §§ 245 to 248.

Division 1. Commercial Vehicles

§ 31-18-201. Commercial vehicles; registration; exemptions.

  1. As used in this article:
    1. “Instate miles” means the total number of miles operated by a commercial vehicle or fleet of commercial vehicles in Wyoming during the preceding year and in the case of Wyoming based commercial fleet vehicles may include miles accrued by fleet vehicles in jurisdictions that require no apportionment and grant reciprocity;
    2. “Preceding year” means a period of twelve (12) consecutive months fixed by the commission which shall be within the eighteen (18) months immediately preceding the commencement of the registration year for which registration is sought;
    3. “Reciprocity” means the exemption of a vehicle from registration and payment of Wyoming registration fees;
    4. “Registration year” means the calendar year;
    5. “Total miles” means the total number of miles operated by a commercial vehicle or fleet of commercial vehicles in all jurisdictions during the preceding year;
    6. “Wyoming based commercial vehicle” means a commercial vehicle:
      1. The owner of which maintains an established place of business in Wyoming, the operational records of which are maintained or readily available in Wyoming and mileage of which is accrued in Wyoming; or
      2. Which is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled from or in Wyoming.
    7. “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. Except as otherwise provided by W.S. 31-18-202 and subsections (h) and (j) of this section, every owner of a commercial vehicle or fleet of commercial vehicles shall comply with the requirements for certificates of title contained in W.S. 31-2-101 through 31-2-105 and, for glider kit vehicles, the additional requirements contained in W.S. 31-2-112 , and register and license the vehicle or fleet for operation in Wyoming in accordance with the time requirements contained in W.S. 31-2-201(a)(i) and (ii) as follows:
    1. With the department if an owner of a commercial vehicle or fleet of commercial vehicles which will be operated in Wyoming and any other jurisdiction;
    2. With the county treasurer of the county in which the owner resides or in which the vehicle or fleet is based if a commercial vehicle or fleet of commercial vehicles which will not be proportionally registered for operation in Wyoming and any other jurisdiction.
  3. Applications for registration of commercial vehicles pursuant to this section shall contain the following information and such other information as required by the department:
    1. If registering under paragraph (b)(i) of this section:
      1. Instate miles during the preceding year, or if none, an estimate of instate miles to be accrued by the vehicle or fleet during the registration year;
      2. Total miles during the preceding year, or if none, an estimate of total miles to be accrued by the vehicle or fleet during the registration year;
      3. A description and identification of the vehicle;
      4. Evidence of compliance with W.S. 31-2-101 ;
      5. Information required by W.S. 31-2-103 ;
      6. A declaration of the gross vehicle weight for each commercial vehicle or combination of commercial vehicles.
    2. If registering under paragraph (b)(ii) of this section, the information required by subparagraphs (c)(i)(C), (D), (E) and (F) of this section. If the commercial vehicle is under twenty-six thousand (26,000) pounds gross vehicle weight rating, application shall be made to the department of transportation for the county treasurer to issue commercial license plates.
  4. Applications made pursuant to paragraph (b)(i) of this section shall be accompanied by an administrative fee of six dollars ($6.00) for each motor vehicle, trailer or semitrailer to be registered and an additional fee to be computed as follows:
    1. In the case of a Wyoming based commercial vehicle or fleet, or a commercial vehicle or fleet based in a jurisdiction permitting proportional registration of similar Wyoming based commercial vehicles or fleets which will be operated under intrastate for hire operating authority granted by the department, except trailers, divide instate miles by total miles and multiply times the county fee prescribed by W.S. 31-18-401(a)(i) and the state fee prescribed by W.S. 31-18-401(a)(ii), and an additional fee of fifteen dollars ($15.00) to the counties for each vehicle to be registered;
    2. Except as otherwise provided by paragraph (iii) of this subsection, in the case of a commercial vehicle or fleet based in a jurisdiction permitting proportional registration of similar Wyoming based commercial vehicles or fleets which will not require intrastate for hire operating authority from the department, divide instate miles by total miles and multiply times the equalized highway use tax prescribed by W.S. 31-18-401(a)(iii) and the state fee prescribed by W.S. 31-18-401(a)(ii) for each vehicle to be registered;
    3. Notwithstanding the provisions of paragraph (ii) of this subsection and W.S. 31-18-401(a)(iii) an owner of a commercial vehicle as defined in paragraph (ii) of this subsection may file an application with the department prior to January 1 of the year in which registration is due requesting payment of the proportioned county fee in lieu of the equalized highway use tax prescribed in W.S. 31-18-401(a)(iii). The department shall authorize the taxpayer to pay the lesser of the county registration fee prescribed in W.S. 31-18-401(a)(i) times instate miles divided by total miles or the equalized highway use tax if the department receives the information which is necessary to calculate the county fee and the equalized highway use tax prior to the time prescribed by this paragraph. The department shall notify the taxpayer of the amount due under this paragraph within thirty (30) days of the date the necessary information is received. The taxpayer shall pay the amount due as determined by the department pursuant to this paragraph prior to April 1 of the year in which registration is due. Fees collected pursuant to this paragraph shall be distributed to the state highway fund.
  5. Every owner engaged in the business of renting utility trailers shall register a number of trailers equal to the average number of utility trailers rented in or through Wyoming during the preceding year. Thereafter, all utility trailers rented or leased by the owner and properly identified and licensed in any jurisdiction may operate in Wyoming on an interstate and intrastate basis. The owner shall submit verifiable data to the department as to the average number of trailers rented or operated in Wyoming during the preceding year and such other information as may be required by the department. All applicable fees shall be paid to and, if necessary, license plates issued by the department.
  6. Repealed by Laws 2009, ch. 128, § 4.
  7. Every owner engaged in the business of renting rental trucks less than twenty-six thousand (26,000) pounds gross weight operated as part of an identifiable one-way fleet shall register a number of rental trucks equal to instate miles divided by total miles times the number of rental vehicles in the fleet. Thereafter, all fleet rental trucks may operate in Wyoming on an interstate and intrastate basis. The owner shall submit verifiable data and pay applicable fees to the department. The department shall issue evidence of registration of the fleet.
  8. The department may enter into agreements relating to proportional registration of commercial vehicles with authorities of one (1) or more jurisdictions to facilitate administration. Every agreement shall be in writing and filed in the office of the secretary of state. Every agreement shall contain a provision authorizing the department to cancel and revoke the agreement with respect to Wyoming upon thirty (30) days notice to other parties thereto. Agreements shall provide for the submission of an application containing the information required by subsection (c) of this section to the department in the case of Wyoming based commercial vehicles and to the department or an authorized agency in another jurisdiction, in the case of non-Wyoming based commercial vehicles. As used in this subsection “commercial vehicle” includes utility trailers, rental vehicles and rental trucks.
  9. Agreements may also provide for the following:
    1. Full reciprocity for non-Wyoming based commercial vehicles operated solely in interstate commerce of specified types, or gross or unladen weights, in exchange for equivalent reciprocity for Wyoming based commercial carriers;
    2. Reciprocal audits of records of owners or commercial vehicles by jurisdictions parties to the agreement;
    3. A definition of “fleet” which varies from W.S. 31-1-101(a)(vi);
    4. Such other matters which will facilitate the administration of the agreement, including exchange of information for audits and enforcement activity and collection and disbursement of proportioned registration fees for other jurisdictions in the case of Wyoming based commercial vehicles.
  10. Upon application and payment of fees as prescribed by subsection (d) of this section, the department shall register commercial vehicles and in the case of Wyoming based commercial carriers issue distinctive Wyoming license plates. In the case of non-Wyoming based commercial vehicles the department may issue distinctive Wyoming license plates, distinctive stickers, or other suitable visual identification devices in such form as prescribed by the department which shall be affixed to the vehicle as required by the department. The department may also issue a registration card for each vehicle registered identifying the vehicle which shall be carried in the vehicle at all times. The department shall cancel, revoke, suspend or refuse to issue the registrations provided by this section based upon a finding from its records and prior experience that:
    1. The operation or equipment used renders the highways unsafe;
    2. Delinquent fees are due and payable to the department; or
    3. The permittee has not complied with or continues to not comply with all laws and applicable rules and regulations of this act or governing the operations of interstate motor carriers as defined by law.
  11. Commercial vehicles or fleets registered as provided by this section are fully licensed and registered in Wyoming for any type of movement or operation excluding those instances in which a grant of authority is required for intrastate movement or operation in which case no vehicle shall be operated in intrastate commerce unless the owner or operator has intrastate authority or rights from the department.
  12. If the department determines that mileage records or mileage estimates of any owner are not satisfactory for the purpose of registration under this section, the department may prescribe or permit an alternate method designed to present a more accurate representation of the proportion of the preceding year to be ascribed to the owner’s commercial vehicle or fleet in substitution for the quotient prescribed by subsection (d) of this section. If the department determines that the quotient used for the preceding registration year varies substantially from the quotient submitted for the registration year under application, the department may recompute the quotient for the preceding registration year on the basis of information contained in the application or from the applicant’s records or from such other information as it may have available to it and charge such additional fees as may be required by the redetermined quotient.
  13. Vehicles acquired by an owner after the commencement of the registration year and subsequently added to a proportionally registered fleet shall be proportionally registered by applying the mileage percentage used in the original application for the fleet for the registration period to the fees otherwise due with respect to the vehicle for the remainder of the registration year. This subsection does not apply to any commercial vehicle operated by the owner as a lessee of another owner who has in the registration year proportionally registered the vehicle in Wyoming if the lessor establishes to the satisfaction of the department that he maintains and will submit complete annual mileage data for the vehicle for all jurisdictions, including, by individual jurisdictions, all miles operated in service by the lessor and his lessee and that the vehicle or its replacement will, in the normal course of operations, be included in the lessor’s proportional registration application in Wyoming for the succeeding license year.
  14. If a commercial vehicle is withdrawn from a proportionally registered fleet during any registration year the owner shall so notify the department. The department shall require the owner to surrender proportional registration cards and such other identification devices which have been issued with respect to the vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold or otherwise completely removed from the service of the owner the unused portion of the registration fee paid with respect to the vehicle, which is a sum equal to the amount of registration fee paid with respect to the vehicle for the registration year reduced by one twelfth (1/12) for each calendar month and fraction elapsing between the first day of the month of the registration year and the date the notice of withdrawal is received by the department, shall be credited to the proportional registration account of the owner. The credit shall be applied against liability for subsequent additions to be prorated during the registration year. If the credit is less than five dollars ($5.00) per vehicle withdrawn no credit shall be made or entered. In no event shall the amount be credited against fees other than those for the registration year nor is any amount subject to refund.
  15. Any owner registering a vehicle pursuant to this section shall preserve the records on which the application is based for three (3) years following the registration year for which registration was permitted. Upon request of the department, the owner shall make his records available during reasonable business hours for audit as to accuracy of computations, payments and assessment of deficiencies or allowances for credit. The department may enter into agreements with agencies of other jurisdictions administering motor vehicle registration laws for reciprocal audits of the records of any owner. Audits performed by agencies of other jurisdictions may be accepted and utilized by the department in the same manner as if the audit had been performed by personnel of the department.
  16. Any sums found to be due and owing upon audit bear interest of one and three-quarters percent (1.75%) per month from the date when they should have been paid until the date of actual payment. If the audit discloses a deliberate and willful intent to evade the requirements of this section, an additional penalty of one percent (1%) per month of sums found to be due and owing on audit from the date when they should have been paid shall be also assessed.
  17. Except as otherwise provided in this section, owners of commercial vehicles meeting the registration requirements of another jurisdiction and subject to registration in Wyoming and not entitled to exemption from registration or licensing under this section may, as an alternative to registration or proportional registration secure a temporary permit from the department to make a single trip into, within or out of Wyoming for a period of not to exceed ninety-six (96) hours for a fee of twenty dollars ($20.00) for each single unit operated as a single unit or forty dollars ($40.00) for each legal combination of units including only one (1) power unit. In lieu of the fee required by W.S. 39-17-106(g), 39-17-206(d) or 39-17-306(f) for license and taxation of gasoline, diesel or alternative fuels, the operator may secure a temporary permit from the department to operate in Wyoming for a period of not to exceed ninety-six (96) hours for a fee of seven dollars and fifty cents ($7.50) for each single unit operated as a single unit or fifteen dollars ($15.00) for each legal combination of units including only one (1) power unit.
  18. An owner of a commercial vehicle engaged in the motion picture industry whose vehicle is properly registered in another state and not entitled to the registration or licensing exemption under W.S. 31-2-224 or this section may, as an alternative to registration or proportional registration and in lieu of the fee required by W.S. 39-17-106(g), 39-17-206(d) or 39-17-306(f), apply to the department for a temporary permit to operate the vehicle in Wyoming for ninety (90) days upon payment of the appropriate fees prescribed in subsection (s) of this section. As used in this subsection, “motion picture industry” includes all filming in this state for commercial purposes including advertising. Any person operating a vehicle in Wyoming beyond the period authorized in the temporary permit is subject to a civil penalty requiring full registration of the vehicle in Wyoming for the registration year in which the violation occurred and payment of all fees required for registration.
  19. Any person legally engaged in the transportation of new vehicles over the highways of this state from manufacturing or assembly points to agents of manufacturers or dealers in this state or in other states, territories or foreign countries or provinces by the drive away or tow away methods, where the vehicle being driven, towed on its own wheels, or transported by the saddlemount, towbar or full-mount methods, or a lawful combination of these methods, for the purpose of sale, barter or exchange, or for delivery after sale, may annually apply to the department for a permit and a transporter number plate to use the highways of this state and pay a fee of three hundred dollars ($300.00) for the permit and thirty dollars ($30.00) for each transporter number plate. The transporter plate shall be displayed upon the front of the driven vehicle combination or upon the rear of a motor vehicle driven singly or upon the rear of a vehicle being towed. The permit shall be valid for the current year ending December 31. Vehicles may be transported as provided under this subsection while displaying the plate. Transporters who fail to display the plate will be required to obtain a single trip permit from the department pursuant to subsection (s) of this section.
  20. An operator of a tour bus may obtain a temporary permit pursuant to subsection (s) of this section. An operator of a mobile drilling rig or well servicing unit operated interstate and which is constructed as a machine consisting in general of a mast, an engine for power and propulsion, a draw works and a chassis permanently constructed or assembled for the vehicle may obtain a single trip permit in accordance with subsection (s) of this section. Mobile drilling rigs or well servicing units making an intrastate move shall be registered in Wyoming.
  21. A temporary permit issued under this section shall be carried in the power unit. Unlawful use of the temporary permit or fraudulent or false information given to obtain the temporary permit invalidates the permit and results in the penalty provided by W.S. 31-18-701 . The department shall cancel, revoke, suspend or refuse to issue the temporary permits provided by this section based upon a finding from its records and prior experience that:
    1. The operation or equipment used renders the highways unsafe;
    2. Delinquent fees are due and payable to the department; or
    3. The permittee has not complied with or continues to not comply with all laws and applicable rules and regulations of this act or governing the operations of interstate motor carriers as defined by law.
  22. The following vehicles are exempt from the provisions of this section:
    1. Vehicles granted reciprocity pursuant to W.S. 31-2-203 ;
    2. 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. Wreckers or service cars when towing or hauling other vehicles for emergency repairs;
      2. Trucks, or permissible combinations of trucks and trailers, when being used by any farmer or rancher for the transportation of livestock, feed or unprocessed agricultural products owned and produced by the farmer or rancher of production to market, and of farm and ranch supplies solely intended for the use of the farmer or rancher, and not for sale, when being transported on the return trip.

History. Laws 1984, ch. 47, § 3; W.S. 1977, § 31-2-202 ; Laws 1987, ch. 90, § 1; 1989, ch. 129, §§ 1, 3; 1990, ch. 93, § 2; 1991, ch. 241, § 3; 1992, ch. 9, § 1; 1993, ch. 68, § 3; ch. 98, § 1; ch. 175, § 1; 1994, ch. 90, § 2; 1998, ch. 5, § 2; ch. 46, § 1; ch. 51, § 2; 2001, ch. 53, § 1; 2009, ch. 16, § 2; ch. 128, § 4; ch. 183, § 1; 2018 ch. 129, § 2, effective July 1, 2018; 2020 ch. 9, § 1, effective July 1, 2020; 2021 ch. 65, § 1, effective July 1, 2021.

The 2009 amendments. — The first 2009 amendment, by Laws 2009, ch. 16, § 2, effective January 1, 2010, substituted “31-2-224” for “31-2-201(d)” in (t).

The second 2009 amendment, by Laws 2009, ch. 128, § 4, effective January 1, 2010, repealed (f), which dealt with the responsibilities of persons engaged in the business of renting rental vehicles.

The third 2009 amendment, by Laws 2009, ch. 183, § 1, effective July 1, 2009, added (a)(vii).

While none of the 2009 amendments gave effect to the others, all have been given effect in this section as set out above.

The 2018 amendment, effective July 1, 2018, in (b), inserted “and, for glider kit vehicles, the additional requirements contained in W.S. 31-2-112 .”

The 2020 amendment, effective July 1, 2020, in (k), added the last sentence and (k)(i) through (k)(iii); in the introductory language of (y), added “suspend” following “cancel, revoke” and deleted “or from the records and prior experience of the department” in the third sentence.

The 2021 amendment, effective July 1, 2021, in the second sentence of (s), added "or 39-17-306(f)" following "39-17-206(d)," "or alternative" preceding "fuels"; in the first sentence of (t),added "or 39-17-306(f)" following "39-17-206(d)" ;and made related changes.

Editor's notes. —

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

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (y)(iii), see § 31-18-101(a)(xix).

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

Applicability of motor vehicle registration laws to corporation domiciled in state but having branch trucking bases in other states, 16 ALR2d 1414.

§ 31-18-202. 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.

History. Laws 1993, ch. 68, § 1; 1998, ch. 46, § 1.

Division 2. Mobile Machinery

§ 31-18-203. Definitions; registration required.

  1. As used in W.S. 31-18-203 through 31-18-208 :
    1. “Mobile machinery” means heavy equipment, except shop or hand tools or attachments, which is self-propelled, towed or hauled and used primarily in construction and maintenance of roads, bridges, ditches, buildings or land reclamation;
    2. The definitions in W.S. 31-1-101 apply in this division;
    3. “This division” means W.S. 31-18-203 through 31-18-208 .
  2. Except as provided in W.S. 31-18-204 , no mobile machinery shall be operated in this state, whether or not upon the public highways of this state, unless registered under this division. Prior to using any mobile machinery on any construction project receiving state funds, the contractor shall provide certification to the public agency or engineer in charge of the project that the mobile machinery has been registered as required by this division.
  3. Notwithstanding subsection (b) of this section, mobile machinery listed on a property tax assessment roll in this state is exempt from the registration requirement of this division. Each county treasurer shall issue stickers pursuant to this division to owners of mobile machinery listed on a property tax assessment roll in this state upon receipt of an application by the owner and payment of an administrative fee of six dollars ($6.00).

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-601 ; Laws 1993, ch. 68, § 3; ch. 98, § 1; 1998, ch. 46, § 1.

Railroad maintenance equipment not “mobile machinery.” —

Heavy equipment not used primarily in the construction and maintenance of roads, bridges, ditches, buildings or land reclamation but instead used for railroad maintenance is not “mobile machinery” within the meaning of this section and, therefore, is not subject to registration fees. State v. Union Pac. R.R., 823 P.2d 539, 1992 Wyo. LEXIS 6 (Wyo. 1992).

§ 31-18-204. Exemptions.

  1. The provisions of W.S. 31-18-203 through 31-18-208 do not apply to mobile machinery:
    1. Owned by the United States, the state of Wyoming or any political subdivision thereof;
    2. Which is an implement of husbandry;
    3. Currently registered under W.S. 31-2-201 or 31-18-201 ;
    4. Being transported from a point outside this state through this state or for delivery or repair in this state;
    5. Held for sale by a person engaged in the business of selling mobile machinery;
    6. Used in the extraction or production of bentonite, coal, trona or uranium and owned by the producer;
    7. Used exclusively for the drilling of wells;
    8. Brought into the state for a period not to exceed seven (7) calendar days to demonstrate the operation of the mobile machinery to prospective buyers.

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-602; Laws 1993, ch. 68, § 3; 2001, ch. 44, § 1.

Editor's notes. —

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

Applied in

State v. Union Pac. R.R., 823 P.2d 539, 1992 Wyo. LEXIS 6 (Wyo. 1992).

§ 31-18-205. Registration; application; fees; department responsibilities; transfer of ownership.

  1. Owners or operators of mobile machinery required to be registered under W.S. 31-18-203 through 31-18-208 shall apply to a county treasurer in this state annually and pay a registration fee in lieu of property taxes as provided in subsection (e) of this section. For mobile machinery registered after February 1 in any year, the fee shall be computed by multiplying the fee under subsection (e) of this section times the number of full months remaining in the calendar year and dividing by twelve (12). County treasurers shall distribute fees collected under this subsection in the same manner and proportion as property taxes.
  2. County treasurers shall issue stickers and certificates of registration to owners of mobile machinery registered under this section. The sticker shall be displayed on the mobile machinery for which it was issued so as to be visible by a person not operating the mobile machinery.
  3. The department shall prescribe application forms and the form of stickers and certificates of registration issued under this section and provide them without charge to each county treasurer. The department shall furnish stickers and a “mobile machinery register” to each county treasurer in a similar manner as a vehicle register is provided under W.S. 31-2-213 . The department may promulgate rules necessary to implement this act.
  4. The registration of mobile machinery expires ten (10) days after its transfer unless the original owner files an application for a transfer of ownership 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 registration for the mobile machinery and an additional fee of six dollars ($6.00) with a county treasurer. Upon receipt of a completed application and the required fee, the county treasurer shall issue the new owner a new certificate of registration. The fee collected under this subsection shall be deposited in the county general fund.
  5. The fee for mobile machinery shall be computed by multiplying the statewide average county, school district and state property tax mill levy for the preceding year as computed by the state board of equalization times the applicable assessment factor times the valuation of the mobile machinery. The department of revenue shall establish schedules for valuation of mobile machinery for use by county treasurers.

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-603; Laws 1991, ch. 174, § 2; 1993, ch. 68, § 3; ch. 98, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the last sentence in subsection (c), see § 31-18-101(a)(xix).

Quoted in

State v. Union Pac. R.R., 823 P.2d 539, 1992 Wyo. LEXIS 6 (Wyo. 1992).

§ 31-18-206. Temporary registration.

  1. In lieu of registration under W.S. 31-18-205 , a non-Wyoming based owner or operator of mobile machinery may apply for a temporary registration sticker valid for not more than eleven (11) months, providing the temporary registration sticker shall not extend in to the next calendar year, from either a county treasurer or the department. The owner or operator shall present sufficient documentation to allow the county treasurer or the department to establish the valuation of the mobile machinery. The fee for the authority to use and display the temporary sticker shall be computed by multiplying the fee under W.S. 31-18-205 (e) times the number of months requested in the calendar year and dividing by twelve (12), plus an administrative fee of ten dollars ($10.00) and six dollars ($6.00) for the sticker.
  2. The fees for mobile machinery collected by the county treasurer under this section shall be distributed in the same manner and proportion as property taxes. The fees for mobile machinery collected by the department under this section shall be distributed in the same manner as fees for non-Wyoming based commercial vehicles under W.S. 31-3-103(a). Administrative fees collected by the county treasurer shall be deposited in the county general fund, and those collected by the department shall be deposited in the highway fund.
  3. The sticker issued under this section shall be displayed on the mobile machinery in the same manner as stickers issued under W.S. 31-18-205 .

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-604; Laws 1993, ch. 68, § 3; ch. 98, § 1; Laws 2001, ch. 44, § 1.

§ 31-18-207. Rental or leased machinery.

  1. In lieu of payment of the registration fee under W.S. 31-18-205 , the owner of any mobile machinery who is regularly engaged in the sale, rental or both sale and rental of mobile machinery and who rents or leases mobile machinery to another individual or corporation in which the owner has no interest for one (1) or more periods of at least sixty (60) days in any calendar year may elect to pay a registration fee under this section.
  2. Authorization for payment of registration fees under this section shall be obtained from the county treasurer in the county in which the owner’s principal place of business is located. The owner shall also apply for an identifying decal for each item of mobile machinery to be rented or leased. The identifying decal shall be affixed to the item of mobile machinery at the time it is rented or leased. The owner shall keep records of each decal issued and a description of the item of mobile machinery to which it is affixed. The fee for each identifying decal is six dollars ($6.00), and payment shall be made at the time of application to the county treasurer. Decals expire at the end of each calendar year, and application for new decals shall be made for each calendar year or portion thereof. The owner shall remove any identifying decal upon the sale or change of ownership of mobile machinery. The fee collected under this subsection shall be deposited in the county general fund.
  3. Upon receiving authorization under subsection (b) of this section, the owner shall collect from the user a registration fee in the amount equivalent to one-half of one percent (0.5%) of the amount of the rental or lease payment. No later than the twentieth day of the January following, the owner shall submit a calendar year report, using forms which shall be furnished by the department of revenue, to the county treasurer in which the mobile machinery is used, together with the remittance for all taxes collected for the preceding calendar year.
  4. Reports shall be made even if no registration fees were collected by the owner in the previous calendar year. Failure to make reports for sixty (60) days is grounds for termination of the owner’s right to pay fees under this section. If the owner has failed to remit fees received from a renter or lessee during the sixty (60) day period, the county treasurer may proceed to collect these delinquent fees in the manner provided for collection of delinquent taxes under W.S. 39-13-108(e)(i)(A).
  5. The department of revenue shall promulgate rules and regulations for the administration and enforcement of this section.

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-605; Laws 1993, ch. 68, § 3; ch. 98, § 1; 1998, ch. 5, § 2; 2001, ch. 90, § 1.

§ 31-18-208. Prohibited act; penalties.

  1. No person shall knowingly make any false statement in any application or other document required under W.S. 31-18-203 through 31-18-208 .
  2. Any person who violates any provision of W.S. 31-18-203 through 31-18-208 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 for each violation.
  3. Any person who violates any provision of W.S. 31-18-203 through 31-18-208 shall, in addition to any fine imposed under subsection (b) of this section, pay the required fee plus a penalty of ten percent (10%) of the required fee.

History. Laws 1989, ch. 216, § 1; W.S. 1977, § 31-2-606; Laws 1993, ch. 68, § 3.

Division 3. Certificates and Permits

§ 31-18-209. Issuance of authority; matters to be considered; deposit of insurance.

  1. The department shall issue authority to qualified motor carriers. The authority shall remain valid and in effect unless revoked or suspended by the department for good cause, such as a violation of this act, or cancelled at the request of the authority holder.
  2. The replacement fee for a letter of authority shall be ten dollars ($10.00). Applications for authority shall be made in writing and verified and shall contain the following information:
    1. The name and address of applicant;
    2. A statement of the nature of transportation service proposed;
    3. through (viii) Repealed by Laws 1998, ch. 46, § 2.
    4. Appropriate additional information as the department deems necessary; and
    5. A filing fee of fifty dollars ($50.00);
    6. Repealed by Laws 2007, ch. 215, § 3.
  3. and (d) Repealed by Laws 1998, ch. 46, § 2.
  4. As the department grants authority it shall assign each motor carrier a docket number and shall notify the appropriate divisions within the department.
  5. The department shall require intrastate contract carriers to deposit with it, policies of insurance companies which are either authorized to do business in Wyoming or are lawfully able to transact insurance without a certificate of authority pursuant to title 26 of the Wyoming statutes as determined by the insurance commissioner of this state or other adequate security for cargo, public liability and property damage insurance for the protection of the public generally. The policy of insurance, bond or proof of other security shall be continuous and remain in full force and effect unless and until cancelled on not less than thirty (30) days written notice to the department, the notice to commence to run from the date it is received at the office of the department. The cancellation filed with the department shall, upon its effective date, suspend the operating authority of the affected carrier and no operations shall be conducted on any highway until the insurance, bond or other adequate security, in the form and amount required, becomes effective and is approved by the department. The department shall require contract motor carriers to use and carry in their motor vehicles at all times uniform bills of lading, showing all property currently being transported, to deliver copies to both consignor and consignee and to retain a copy for the inspection of the department and the state highway patrol.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-201 ; Laws 1987, ch. 150, § 1; 1990, ch. 6, § 1; 1991, ch. 241, § 3; 1993, ch. 68, § 4; ch. 98, § 1; 1998, ch. 46, §§ 1, 2; 2007, ch. 215, §§ 1, 3; 2020 ch. 9, § 1, effective July 1, 2020.

Cross references. —

As to certificate of convenience and necessity, see § 37-2-205 .

The 2007 amendment, by ch. 215, § 1, effective July 1, 2007, in (b) inserted the first sentence; by ch. 215, § 3, repealed former (b)(xi), which read: “The replacement fee for a letter of authority shall be ten dollars ($10.00).”

Laws 2007, ch. 215, § 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 8, 2007.

The 2020 amendment, effective July 1, 2020, in (a), added “or suspended” in the second sentence.

Editor's notes. —

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 37-8-201 , effective July 1, 1993.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 31-18-101(a)(xix).

Conflicting legislation. —

Laws 2007, ch. 215, § 4, 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.”

“Necessity for service.” —

“Necessity for motor transportation service,” within the meaning of this section, referred to a definite need of general public for transportation service, where no reasonably adequate service existed; not the need of motor carriers for business. Application of Calhoun, 51 Wyo. 448, 68 P.2d 591, 1937 Wyo. LEXIS 31 (Wyo. 1937) (decided under prior law).

Enlargement of service. —

Transfer of certificates of public convenience and necessity cannot be made so as to unite them in one holder and thereby enlarge service theretofore rendered, or territory theretofore served by either or both of them, without a finding by the commission that public convenience and necessity requires such enlargement of service. Application of Calhoun, 51 Wyo. 448, 68 P.2d 591, 1937 Wyo. LEXIS 31 (Wyo. 1937).

Transfer of certificates. —

Transfer of two or more certificates of public convenience and necessity, for local service, cannot be made so as to unite them in one holder, thereby creating a through service, without finding by commission that public convenience and necessity needs such through service. Application of Calhoun, 51 Wyo. 448, 68 P.2d 591, 1937 Wyo. LEXIS 31 (Wyo. 1937).

Right to transfer. —

Carriers holding certificates of public convenience and necessity to motor carriers have no absolute right to transfer certificates to permit consolidation of services between connecting points, but are only entitled to effect such transfer on showing of public convenience and necessity in proceeding before public service commission. Application of Calhoun, 51 Wyo. 448, 68 P.2d 591, 1937 Wyo. LEXIS 31 (Wyo. 1937).

Applied in

In re Union Pac. Motor Freight Co., 72 Wyo. 298, 264 P.2d 771, 1953 Wyo. LEXIS 46 (1953).

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

Carrier's certificate of convenience and necessity, franchise, or permit as subject to transfer or encumbrance, 15 ALR2d 883.

Liability of freight motor carrier possessing certificate from Interstate Commerce Commission and employing noncertified independent contractor under “one-way” lease of latter's vehicle for negligence of latter's employee on return trip, 16 ALR2d 960.

Power of municipal corporation to limit exclusive use of designated lanes or streets to busses and taxicabs, 43 ALR3d 1374.

Effect of Motor Carrier Act Provisions on insurance and indemnity agreements (49 U.S.C. §§ 13906, 14102) in allocating losses involving interstate motor carriers, 157 ALR Fed 549.

§§ 31-18-210 through 31-18-213. [Repealed.]

Repealed by Laws 1998, ch. 46, § 2.

Editor's notes. —

These sections, which derived from Laws 1983, ch. 140, § 1, related to certificates and permits of common carriers.

Article 3. General Regulatory Provisions

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

13 Am. Jur. 2d Carriers §§ 144 to 147.

60 C.J.S. Motor Vehicles §§ 171 to 210.

§ 31-18-301. Permanent cards and decals; operation without authority; inspections.

  1. The authority of any motor carrier issued after April 1, 1989, is valid until cancelled, suspended or revoked.
  2. No motor carrier that is required to have authority shall operate on the highways without a copy of the current authority carried in each power unit.
  3. A copy of the current authority shall upon demand, be presented by the driver of the vehicle to any of the field investigators of the department, members of the state highway patrol or authorized personnel of the department at its ports of entry. Investigators, troopers and authorized personnel may compel the driver to stop and submit the vehicle to an inspection by signs directing commercial vehicles or the motor carrier to stop at ports of entry or other locations designated by the department or by warning devices on vehicles of investigators, troopers or authorized personnel. All ports of entry shall post signs or signals indicating when the facility is open and directing commercial vehicles or motor carriers to stop for inspection. Notwithstanding the provisions of this section, a vehicle that is properly registered, has a proper fuel license, valid authority and is legal in size and weight, upon approval by the department, may be authorized to bypass a port of entry unless specifically directed to stop by an investigator, trooper or authorized personnel or by a sign or signal specifically requiring those vehicles to stop. These vehicles may, however, be required to slow to the designated speed and use the directed traffic lane for size and weight screening purposes.
  4. Vehicles checking through a port of entry shall not be required to stop at any other port of entry within the state on that trip unless there is an increase in the size or weight of the vehicle or its load, or unless specifically directed to stop by an investigator, trooper or authorized personnel or by a sign or signal specifically requiring those vehicles to stop.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-301 ; Laws 1985, ch. 207, § 2; 1987, ch. 106, § 1; ch. 150, § 1; 1989, ch. 129, § 1; 1991, ch. 6, § 1; ch. 241, § 3; 1993, ch. 68, § 3; 1998, ch. 46, § 1; 1999, ch. 3, § 1; 2020 ch. 9, § 1, effective July 1, 2020.

Inspections. —

An oil company and a driver of one of the oil company's propane trucks failed to establish that a highway patrol officer's warrantless safety inspection at a port of entry, after a valid traffic stop on a nearby road, violated the fourth amendment. V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. Wyo. 1996).

Cited in

Weaver v. Public Serv. Comm'n, 40 Wyo. 462, 278 P. 542, 1929 Wyo. LEXIS 47 (1929).

The 2020 amendment, effective July 1, 2020, in (a), added “suspended” following “cancelled.”

§ 31-18-302. [Repealed.]

Repealed by Laws 1998, ch. 46, § 2.

Editor's notes. —

This section, which derived from Laws 1983, ch. 140, § 1, related to the deviation of approved rates and fares of common carriers, and the prohibition of unfair competition.

§ 31-18-303. Authority of department to adopt rules and regulations governing drivers, equipment and hazardous materials; exceptions; maximum operating hours.

  1. The department shall adopt rules and regulations prescribing the permissible operating time and other requirements of motor carrier drivers, equipment and the transportation of hazardous materials which are consistent with comparable regulations of the United States department of transportation.
  2. Public utility personnel and associated emergency personnel are exempt from driving time regulations only if an emergency exists. If an occasion or instance jeopardizes public health or safety or endangers property, an emergency situation exists. In such an event, if public utilities and associated emergency personnel respond, they are exempt from driving time regulations if the public utility exercises due diligence in contacting state or local officials, and documents its efforts.
  3. Unless exception is made by the department after public hearings held pursuant to the Wyoming Administrative Procedure Act, the rules of the department shall be current with rules adopted by the United States department of transportation, as now or hereafter amended.
  4. Repealed by Laws 2009, ch. 183, § 2.
  5. Intrastate, for-hire transportation of passengers in vehicles with an occupant capacity of seven (7) or more, but not more than fifteen (15), is subject to the hours of service requirements of 49 CFR Part 395 as it applies to vehicles with occupant capacities of fifteen (15) or more, as adopted pursuant to subsection (a) of this section.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-304; Laws 1991, ch. 241, § 3; 1993, ch. 68, § 4; ch. 98, § 1; ch. 101, § 1; 1998, ch. 46, § 1; 2009, ch. 183, § 2.

Cross references. —

As to discrimination generally, see chapter 4 of title 40.

The 2009 amendment, effective July 1, 2009, repealed (d), which read: “Notwithstanding any other provision of this act, all private carriers, except a farmer or rancher, or his employee, transporting an agricultural product or material used in agricultural production in a vehicle owned by the farmer or rancher within one hundred fifty (150) miles of the farm or ranch, shall comply with the hazardous materials regulations as provided by this section.”

Editor's notes. —

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 37-8-304, effective July 1, 1993.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Stated in

V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. 1996).

Law reviews. —

For article, “The State of Specific Commodity Haulers and the Motor Carrier Act,” see 5 Wyo. L.J. 197.

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

Carrier's “public duty” exception to absolute or strict liability arising out of carriage of hazardous substances, 31 ALR4th 658.

§ 31-18-304. Display of name or trade name.

  1. No person may operate a commercial vehicle unless the name or trade name of the motor carrier is displayed.
  2. The display required by subsection (a) of this section shall be of a size, shape and color which is legible from fifty (50) feet in daylight when the vehicle is not moving. The display shall be maintained so as to remain legible. If the display required by subsection (a) of this section is otherwise maintained, separate display on semitrailers and trailers is not required.
  3. This section does not apply to vehicles:
    1. and (ii) Repealed by Laws 2009, ch. 183, § 2.
    2. Repealed by Laws 1998, ch. 46, § 2.
    3. Identified as property of the United States, this state or any political subdivision of this state; or
    4. Classified as implements of husbandry.
  4. No person shall operate a commercial vehicle subject to subsection (a) of this section and displaying the name or trade name of the motor carrier if the agreement between the motor carrier and the person authorizing the person to operate the vehicle has expired or is terminated.

History. Laws 1985, ch. 207, § 1; W.S. 1977, § 37-8-305 ; Laws 1991, ch. 241, § 3; 1993, ch. 68, § 3; 1998, ch. 46, §§ 1, 2; 2009, ch. 183, § 2.

The 2009 amendment, effective July 1, 2009, repealed (c)(i), which read: “Being transported to a dealer, from a manufacturer or between dealers”; and repealed (c)(ii), which read: “Being demonstrated by or delivered to a purchaser by a dealer or manufacturer.”

Editor's notes. —

Laws 1983, ch. 140, § 1, repealed a former § 37-8-305 , which derived from Laws 1935, ch. 65, § 12, and related to contract carriers legally operating on January 1, 1935.

Article 4. Fees

§ 31-18-401. Registration fees.

  1. Except as otherwise provided, the following fees shall accompany each application for the registration of a commercial vehicle:
    1. A county registration fee computed in accordance with W.S. 31-3-101(a)(i);
    2. A state registration fee computed as follows:
      1. Commercial vehicles except passenger cars, school buses, house trailers and motorcycles for which the fees shall be computed as provided by W.S. 31-3-101(a)(ii) based on gross vehicle weight pursuant to the following table:

        GROSS VEHICLE OR GROSS COMBINATION VEHICLE WEIGHT IN POUNDS FEE 26,000 - or less $198.00 26,001 - 28,000 $214.50 28,001 - 30,000 $231.00 30,001 - 32,000 $247.50 32,001 - 34,000 $275.00 34,001 - 36,000 $302.50 36,001 - 38,000 $330.00 38,001 - 40,000 $357.50 40,001 - 42,000 $385.00 42,001 - 44,000 $412.50 44,001 - 46,000 $440.00 46,001 - 48,000 $467.50 48,001 - 50,000 $495.00 50,001 - 52,000 $522.50 52,001 - 54,000 $550.00 54,001 - 55,000 $563.75 55,001 - 56,000 $577.50 56,001 - 58,000 $605.00 58,001 - 60,000 $632.50 60,001 - 62,000 $660.00 62,001 - 64,000 $687.50 64,001 - 66,000 $715.00 66,001 - 68,000 $742.50 68,001 - 70,000 $770.00 70,001 - 72,000 $797.50 72,001 - 74,000 $825.00 74,001 - 76,000 $852.50 76,001 - 78,000 $880.00 78,001 - 80,000 $907.50

        Click to view

        For weights over eighty thousand (80,000) pounds, the fee shall be nine hundred forty-eight dollars and seventy-five cents ($948.75) plus twenty-five dollars ($25.00) for each additional two thousand (2,000) pounds or fraction thereof.

      2. For vehicles equipped with nonpneumatic tires of an unladen weight in excess of 3,500 pounds, increase the fees prescribed by subparagraph (A) of this paragraph by twenty dollars ($20.00);
      3. 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 subparagraph (a)(ii)(A) and paragraph (a)(iii) of this section.
    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(b)(i) and described in W.S. 31-18-201(d)(ii) pursuant to the following table:

      VEHICLE OR COMBINATION GROSS VEHICLE WEIGHT IN POUNDS EQUALIZED HIGHWAY USE TAX 26,000 - or less $88.00 26,001 - 28,000 $110.00 28,001 - 30,000 $165.00 30,001 - 32,000 $220.00 32,001 - 34,000 $275.00 34,001 - 36,000 $330.00 36,001 - 38,000 $385.00 38,001 - 40,000 $440.00 40,001 - 42,000 $495.00 42,001 - 44,000 $550.00 44,001 - 46,000 $605.00 46,001 - 48,000 $660.00 48,001 - 50,000 $715.00 50,001 - 52,000 $770.00 52,001 - 54,000 $825.00 54,001 - 56,000 $880.00 56,001 - 58,000 $935.00 58,001 - 60,000 $990.00 60,001 - 62,000 $1,045.00 62,001 - 64,000 $1,100.00 64,001 - 66,000 $1,155.00 66,001 - 68,000 $1,210.00 68,001 - 70,000 $1,265.00 70,001 - 72,000 $1,320.00 72,001 - 74,000 $1,375.00 74,001 - 76,000 $1,430.00 76,001 - 78,000 $1,485.00 78,001 - 80,000 $1,540.00

      Click to view

      For weights over eighty thousand (80,000) pounds, the tax under this paragraph shall be one thousand six hundred ten dollars ($1,610.00) plus fifty dollars ($50.00) for each additional two thousand (2,000) pounds or fraction thereof.

  2. The fees prescribed by subsection (a) of this section are modified for owners of the following commercial vehicles:
    1. 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;
    2. 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)(A) of this section;
    3. 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 (ii) of this subsection, shall pay a percentage of the state registration fee prescribed by subparagraph (a)(ii)(A) 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 MILESOPERATED PERCENTAGE OFSTATE FEE 2,500 miles or less 15% 2,501 to 5,000 miles 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

    4. 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 (ii) and (iii) 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;
    5. If an owner of a commercial vehicle or combination of vehicles who pays a percentage of the state fee pursuant to paragraph (iii) 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 (iii) of this subsection;
    6. 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)(A) and paragraph (a)(iii) of this section shall be based only on the gross weight of the towing vehicle.

History. Laws 1993, ch. 68, § 1; ch. 98, §§ 3, 4(d); 1998, ch. 46, § 1; 2017 ch. 210, § 1, effective July 1, 2017; 2021 ch. 149, § 1, effective July 1, 2021.

The 2017 amendment, effective July 1, 2017, in (a)(ii)(A) raised all of the fee amounts by 10% and in the closing language substituted “one thousand six hundred ten dollars ($1,610.00)” for “one thousand four hundred dollars (1,400.00)”; in (a)(iii)(A) raised all of the fee amounts by 10% and in the closing language substituted “one thousand six hundred ten dollars ($1,610.00)” for “one thousand four hundred dollars (1,400.00).”

The 2021 amendment, effective July 1, 2021, added “$” preceding the dollar values throughout (a)(ii)(A) and (a)(iii).

§ 31-18-402. [Repealed.]

Repealed by Laws 1998, ch. 46, § 2.

Editor's notes. —

This section, which derived from Laws 1983, ch. 140, § 1, related to miscellaneous fees paid by all motor carriers.

§ 31-18-403. Single trip permits; temporary permits for motion picture industry vehicles, tour buses and mobile drilling rigs.

  1. and (b) Repealed by Laws 1998, ch. 46, § 2.
  2. and (d) Repealed by Laws 1989, ch. 129, § 3.
  3. Repealed by Laws 1998, ch. 46, § 2.
  4. and (g) Repealed by Laws 1989, ch. 129, § 3.
  5. Repealed by Laws 1998, ch. 46, § 2.
  6. An operator of a mobile drilling rig operated interstate and used in the production of gas, crude petroleum or oil which is constructed as a machine consisting in general of a mast, an engine for power and propulsion, a draw works and a chassis permanently constructed or assembled for the vehicle may obtain a single trip permit from the department in accordance with subsection (a) of this section and W.S. 31-18-201(s). Vehicles making an intrastate move shall be registered in Wyoming. Vehicles already registered in Wyoming need only notify the highway patrol when the vehicle is to be moved on a highway. Compliance with this section exempts the operator from all fees and inspections otherwise required by the commission [department] or its agents.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-403 ; Laws 1985, ch. 207, § 2; 1987, ch. 106, § 1; 1989, ch. 129, §§ 1, 3; 1991, ch. 204, § 1; ch. 241, § 3; 1993, ch. 68, § 4; 1998, ch. 46, § 2.

Editor's notes. —

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

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 37-8-403 , effective July 1, 1993.

Meaning of “commission.” —

The term “commission,” referred to in the last sentence in subsection (j), apparently originally meant the public service commission. In the context of this chapter, the reference should probably now be to the department.

§ 31-18-404. Demonstration permits.

  1. through (c) Repealed by Laws 1997, ch. 154, § 3.
  2. A vehicle designed primarily for the transportation of property being operated with a load for demonstration purposes shall, in addition to a demo or manufacturer plate, display a demonstration permit indicating under whose authority the vehicle is being operated and the dates of demonstration which shall not exceed ninety-six (96) hours. The permit shall be obtained from the department upon application and payment of the required fee.

History. Laws 1984, ch. 47, § 3; W.S. 1977, § 31-2-211 ; Laws 1985, ch. 67, § 1; 1989, ch. 7, § 2; 1991, ch. 241, § 3; 1993, ch. 48, § 1; ch. 68, § 4; 1997, ch. 154, §§ 2, 3; 1998, ch. 46, §§ 1, 2.

Editor's notes. —

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 31-2-211 , effective July 1, 1993.

§ 31-18-405. Collection of fees; audits.

  1. The department shall collect all fees payable under this act and shall adopt and enforce rules and regulations to ensure their collection.
  2. The department may examine and audit the records of all motor carriers to determine compliance with this act. All motor carriers shall keep and maintain records adequate to enable the department to examine and audit the records. The records shall not be destroyed for three (3) years or until the records are examined and audited, whichever occurs first.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-404 ; Laws 1985, ch. 207, § 2; 1987, ch. 70, § 3; 1989, ch. 129, §§ 1, 3; 1993, ch. 68, § 3.

Editor's notes. —

Former subsections (b) and (c) of this section were repealed by Laws 1989, ch. 129, § 3 and former subsections (d) and (e) were repealed by Laws 1987, ch. 70, § 3 and Laws 1989, ch. 129, § 3, respectively.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a) and the first sentence in subsection (b), see § 31-18-101(a)(xix).

§ 31-18-406. Distribution of fees; refunds.

  1. Fees collected pursuant to W.S. 31-18-401(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. 31-18-401(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.

History. Laws 1993, ch. 68, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 31-18-101(a)(xix).

§ 31-18-407. Emergency response fee. [Effective until July 1, 2022]

  1. In addition to any other fees and taxes provided by law, an emergency response fee of two hundred dollars ($200.00) shall apply to each package of radioactive waste transported through this state in accordance with W.S. 37-14-103 . The department of transportation shall collect this fee based on a permit issued by the department which is not inconsistent with federal law. The department shall promulgate rules on issuing and revoking permits which are not inconsistent with federal law. The department shall promulgate rules on quarterly reporting and payment of fees, retention of records and audit requirements. All emergency response fees shall be deposited in the general fund.
  2. As used in this section:
    1. “Radioactive waste” means:
      1. Highway route controlled quantities of radioactive waste as defined in 49 C.F.R. 173.403(1) as amended as of January 1, 1989; and
      2. Nuclear waste being transported to the waste isolation pilot plant in New Mexico, to any facility established pursuant to section 135 of the federal “Nuclear Waste Policy Act of 1982” as amended, 42 U.S.C. 10101 et seq., to any repository licensed for the permanent deep geological disposal of high-level radioactive waste and spent nuclear fuel, or to any monitored retrievable storage facility established pursuant to section 141 of the federal “Nuclear Waste Policy Act of 1982” as amended.
    2. “Package” means a container plus its contents that are assembled to assure compliance with the minimum federal packaging requirements for radioactive waste.

History. Laws 1993, ch. 68, § 1; 2022 ch. 68, § 1, effective July 1, 2022.

The 2022 amendment, effective July 1, 2022, rewrote (a), which read, “In addition to any other fees and taxes provided by law, an emergency response fee of two hundred dollars ($200.00) shall apply to each package of radioactive waste transported through this state in accordance with W.S. 37-14-103 . The department of transportation shall collect this fee based on a permit issued by the department which is not inconsistent with federal law. The department shall promulgate rules on issuing and revoking permits which are not inconsistent with federal law. The department shall promulgate rules on quarterly reporting and payment of fees, retention of records and audit requirements. All emergency response fees shall be deposited in the general fund.”

Nuclear Waste Policy Act. —

Section 135 of the federal Nuclear Waste Policy Act of 1982, referred to in subsection (b)(i)(B), appears as 42 U.S.C. § 10155. Section 141 of the act, also referred to in subsection (b)(i)(B), appears as 42 U.S.C. § 10161.

§ 31-18-407. Emergency response fee; radioactive materials transport permit. [Effective July 1, 2022]

  1. The department of transportation shall collect the emergency response fee assessed under W.S. 37-14-103(a) when it issues a permit for each package of radioactive materials transported through this state. The department shall promulgate rules on issuing and revoking permits that are not inconsistent with federal law. The department shall promulgate rules on quarterly reporting and payment of fees, retention of records and audit requirements. The emergency response fee collected under this subsection pursuant to W.S. 37-14-103(a) shall be deposited as provided in W.S. 37-14-103(a).
  2. As used in this section:
    1. “Radioactive waste” means:
      1. Highway route controlled quantities of radioactive waste as defined in 49 C.F.R. 173.403(1) as amended as of January 1, 1989; and
      2. Nuclear waste being transported to the waste isolation pilot plant in New Mexico, to any facility established pursuant to section 135 of the federal “Nuclear Waste Policy Act of 1982” as amended, 42 U.S.C. 10101 et seq., to any repository licensed for the permanent deep geological disposal of high-level radioactive waste and spent nuclear fuel, or to any monitored retrievable storage facility established pursuant to section 141 of the federal “Nuclear Waste Policy Act of 1982” as amended.
    2. “Package” means a container plus its contents that are assembled to assure compliance with the minimum federal packaging requirements for radioactive waste.

History. Laws 1993, ch. 68, § 1; 2022 ch. 68, § 1, effective July 1, 2022.

§ 31-18-408. Provision of sales and use tax information; penalty.

  1. Any person engaged in the business of selling tangible personal property, at retail, outside of this state, and operating any motor vehicle in this state delivering to the purchaser or the purchaser’s agent in this state any goods sold by the vendor shall, upon entering this state, provide necessary information to the department of revenue for the purposes of the collection of any sales or use tax which may be due under the provisions of W.S. 39-15-101 through 39-16-311 . The department shall provide forms furnished by the department of revenue for the operator to provide the necessary information for the department of revenue to collect any use tax due. The department of revenue shall promulgate necessary rules and regulations to implement this provision pursuant to W.S. 39-11-102 .
  2. Any person knowingly violating the provisions of this section or any rules promulgated under it shall, in addition to any penalty imposed under W.S. 31-18-701 through 31-18-707 , be liable for a civil penalty of not less than one hundred dollars ($100.00) and not to exceed an amount equal to three (3) times the amount of the sales or use tax due under the provisions of W.S. 39-15-101 through 39-16-311 .

History. Laws 1995, ch. 78, § 1; ch. 209, § 6; 1998, ch. 5, § 2.

Article 5. Fuel Taxes

§ 31-18-501. Compliance with tax provisions.

All operators of commercial vehicles shall comply with the provisions of W.S. 39-17-101 through 39-17-211 .

History. Laws 1993, ch. 68, § 1; 1998, ch. 5, § 2.

§ 31-18-502. Decal fee; disposition.

An additional fee may be collected by the issuing agency from a licensee for each annual decal issued pursuant to W.S. 39-17-202(d) through (g). The fee shall be in an amount determined by the department of transportation to be sufficient to recover reasonable administrative costs of the International Fuel Tax Agreement and the Multistate Highway Transportation Agreement, but not more than ten dollars ($10.00) per annual decal. The fee shall be remitted to the state treasurer who shall credit the multistate highway and fuel tax agreements account created by W.S. 39-17-211(e) within the highway fund.

History. Laws 1993, ch. 68, § 1; 1998, ch. 5, § 2; 2000, ch. 48, § 2; 2005, ch. 231, § 1; 2011, ch. 176, § 1.

The 2005 amendment, effective July 1, 2005, substituted “highway fund” for “highway trust fund.”

The 2011 amendment, substituted “through (g)” for “through (j).”

Laws 2011, ch. 176 § 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 3, 2011.

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.”

Article 6. Regulation of Traffic on Highways

§ 31-18-601. Requirements generally.

In addition to the requirements contained in chapter 5 of this title, all operators of commercial vehicles shall comply with the requirements contained in this article.

History. Laws 1993, ch. 68, § 1.

§ 31-18-602. Moving heavy equipment at railroad grade crossings.

  1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half (1/2) inch per foot of the distance between any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
  2. Notice of the intended crossing shall be given to a station agent of the railroad and a reasonable time shall be given to the railroad to provide proper protection at the crossing.
  3. Before making the crossing the person operating or moving the vehicle or equipment shall first stop the vehicle or equipment not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the railroad and while so stopped shall 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. The vehicle shall not proceed until the crossing can be made safely.
  4. No crossing shall be made when warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train, other on-track equipment or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

History. Laws 1955, ch. 225, § 84; C.S. 1945, § 60-684; W.S. 1957, § 31-91; W.S. 1977, § 31-5-115 ; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-5-114 ; Laws 1993, ch. 68, § 4; 2013 ch. 82, § 1, effective July 1, 2013.

Cross references. —

As to railroad grade crossings generally, see §§ 31-5-510 and 31-5-511 .

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 (c); and added “, other on-track equipment” following “railroad train” in (d).

Editor's notes. —

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 31-5-114 , effective July 1, 1993.

§ 31-18-603. 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 1993, ch. 68, § 1.

§ 31-18-604. Maximum speed limits.

  1. The operator of a commercial vehicle shall comply with the speed limits as established pursuant to W.S. 31-5-301 and, for violations, shall be subject to the penalties as prescribed in W.S. 31-5-1201 .
  2. Repealed by Laws 1998, ch. 46, § 2.

History. Laws 1993, ch. 68, § 1; 1998, ch. 46, §§ 1, 2.

§ 31-18-605. Stopping requirements for certain vehicles at railroad crossings.

  1. The driver of any motor vehicle carrying passengers for hire 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;
    5. After crossing the tracks, cancel the four-way hazard flashers; and
    6. Comply with all other federal, state or local laws or regulations pertaining to railroad-highway grade crossings.
  2. 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 department may adopt such regulations as may be necessary describing additional vehicles which must comply with the stopping requirements of this section.
  4. A driver or employer of a driver who is convicted of violating this section, or an employer who knowingly allows, requires, permits or authorizes a driver to violate this section, shall also be subject to the civil penalties provided by 49 C.F.R. 383.53, as amended as of March 1, 2007.

History. Laws 1993, ch. 68, § 1; 2007, ch. 17, § 2; 2011, ch. 31, § 1; 2013 ch. 82, § 1, effective July 1, 2013.

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

The 2011 amendment, effective July 1, 2011, added (a)(vi); in (d), inserted “or an employer who knowingly allows, requires, permits or authorizes a driver to violate this section”; and made related changes.

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).

§ 31-18-606. Metal tires; implements of husbandry.

  1. No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway.
  2. Notwithstanding subsection (a) of this section, it shall be permissible to use implements of husbandry with tires having protuberances which will not injure the highway.

History. Laws 1993, ch. 68, § 1.

§ 31-18-607. Out-of-service orders.

  1. The department shall adopt regulations regarding issuance of out-of-service orders for drivers committing violations identified in 49 C.F.R., as amended as of March 1, 2007, or the 2006 North American uniform out-of-service criteria published by the Commercial Vehicle Safety Alliance.
  2. A driver or employer of a driver convicted of violating an out-of-service order issued to the driver, the employer or a motor carrier, or an employer who knowingly allows, requires, permits or authorizes a driver to violate an out-of-service order issued to the driver, the employer or a motor carrier, shall be subject to the civil penalties specified by 49 C.F.R. 383.53, as amended as of July 5, 2007.
  3. As used in this section, the term “out-of-service order” means as defined by W.S. 31-7-102(a)(xxxii).

History. Laws 2007, ch. 17, § 1; 2011, ch. 31, § 1.

The 2011 amendment, effective July 1, 2011, in (b), inserted “issued to the driver, the employer or a motor carrier, or an employer who knowingly allows, requires, permits or authorizes a driver to violate an out-of-service order issued to the driver, the employer or a motor carrier,” and substituted “July 5” for “March 1”; and added (c).

Effective dates. —

Laws 2007, ch. 17, § 2, makes the act effective July 1, 2007.

Article 7. Penalties and Enforcement

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

13 Am. Jur.2d Carriers §§ 21 to 35.

§ 31-18-701. Specific crimes and penalties; enforcement.

  1. Any person who violates any provision of this act or rule and regulation of the department, who fails to comply with any order, decision, rule or regulation of the department or who procures, aids or abets any person in the violation or noncompliance is guilty of a misdemeanor and subject to a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
  2. The highway patrol division shall enforce the provisions of this act and all rules, regulations or orders made by virtue of this act.
  3. The highway patrol division and such other enforcement officers as the department designates are charged with the duty of policing and enforcing the provisions of this act. The enforcement officers have authority to make arrests for violation of any of the provisions of this act. The enforcement officers may require the driver to exhibit the permit issued for the vehicle, to submit to the enforcement officer for inspection any and all bills of lading or other evidences of the character of the lading being transported in the vehicle and require the vehicle to proceed to the nearest department check station or county seat, on the route of the carrier, where the officer may inspect the contents of the vehicle for the purpose of comparing same with bills of lading or other evidences of ownership or of transportation for compensation.

History. Laws 1983, ch. 140, § 1; W.S. 1977, § 37-8-501 ; Laws 1991, ch. 241, § 3; 1993, ch. 68, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 31-18-101(a)(xix).

Delegation of powers constitutional. —

Laws 1935, ch. 65, § 40 (similar to this section), § 56 (§ 37-8-517 , now repealed) and § 65 (since repealed, but which was similar to former § 37-8-121), could not be attacked as an unconstitutional delegation of legislative power by defendant, who was merely charged with violation of these provisions. State v. Grimshaw, 49 Wyo. 192, 53 P.2d 13, 1935 Wyo. LEXIS 16 (Wyo. 1935).

Safety inspections. —

Subsection (c) does not authorize a highway patrol officer to order a driver to drive a truck to a department check station for a safety inspection; subsection (c) authorizes officers to order a driver to drive a truck to a check station only for inspection of the contents to determine if they match the bills of lading. V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. Wyo. 1996).

An oil company and a driver of one of the oil company's propane trucks failed to establish that a highway patrol officer's warrantless safety inspection at a port of entry, after a valid traffic stop on a nearby road, violated the fourth amendment. V-1 Oil Co. v. Means, 94 F.3d 1420, 1996 U.S. App. LEXIS 21933 (10th Cir. Wyo. 1996).

Cited in

State v. Robbins, 2011 WY 23, 246 P.3d 864, 2011 Wyo. LEXIS 23 (Feb. 10, 2011).

§ 31-18-702. General liability.

Any person operating, driving or moving any commercial vehicle, object or contrivance over a street, highway or bridge is liable for all damages which the street, highway, bridge or appurtenances thereto or other structures in connection therewith, may sustain, as a result of any illegal or negligent operation or as a result of operating, driving or moving any commercial vehicle, object or contrivance in excess of the maximum weight or height specified and prescribed by law although authorized by a special permit issued as provided by law.

History. Laws 1993, ch. 68, § 1.

§ 31-18-703. Closing or restricting use; failure to observe signs, markers.

Any operator of a commercial vehicle who willfully fails to observe any sign, marker, warning, notice, or direction, placed or given under W.S. 24-1-108 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than one hundred dollars ($100.00) or to imprisonment for a period not to exceed thirty (30) days, or both.

History. Laws 1993, ch. 68, § 1.

§ 31-18-704. Violation of speed limits; penalties. [Repealed]

History. Laws 1993, ch. 68, § 1; 1997, ch. 61, § 1; 1998, ch. 46, § 1; 2015 ch. 139, § 1, effective March 4, 2015; 2015 ch. 109, § 1, effective July 1, 2015; Laws 2016, ch. 43, § 2 and ch. 114, § 2.

§ 31-18-705. Speed or acceleration contest or exhibition on highways.

  1. No operator of a commercial vehicle shall engage in any motor vehicle speed or acceleration contest, or exhibition of speed or acceleration on any highway without approval of that use by the governing body in charge of the highway. No person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any highway, without approval of that use by the governing body in charge of said highway.
  2. No operator of a commercial vehicle shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place or assist in placing any barricade or obstruction upon any highway without approval of that use by the governing body in charge of the highway.
  3. Any person who violates this section shall upon conviction be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail for not more than ten (10) days or both.

History. Laws 1993, ch. 68, § 1.

§ 31-18-706. Failure to maintain liability coverage; exceptions.

The requirement to maintain liability coverage pursuant to W.S. 31-4-103 does not apply to 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.

History. Laws 1993, ch. 68, § 1.

§ 31-18-707. Nonpayment of fees, taxes, penalties or interest.

All fees under chapter 18 of title 31, diesel fuel taxes, penalty or interest under title 39 or commercial vehicle registration fees under title 31 become delinquent if not paid as provided for by law from the date due. Delinquent diesel fuel taxes, penalties, interest or commercial vehicle registration fees are a lien on all motor vehicles owned or operated in this state by the person liable for payment of the taxes, penalties, interest or fees. If any such taxes, penalties, interest or fees remain delinquent for thirty (30) days or if any vehicle subject to the lien is about to be removed from the state, the department or its authorized enforcement agent may seize and sell the vehicle subject to all existing liens and security interests held by others, at public auction upon notice to the owner and lienholder of record as provided by Rule 4 of the Wyoming Rules of Civil Procedure, and upon four (4) weeks notice of the sale in a newspaper published in the counties in which the vehicle is titled and registered. The department may bring suit in any court of competent jurisdiction to collect any delinquent fees or taxes, penalties and interest under this section.

History. Laws 1991, ch. 44, § 1; W.S. 1977, § 31-4-105 ; Laws 1993, ch. 68, § 3; 1999, ch. 14, § 1.

§ 31-18-708. Persons rendering emergency assistance exempt from civil liability.

  1. Any person who provides assistance or advice without compensation other than reimbursement of out-of-pocket expenses in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous materials, is not liable for any civil damages for acts or omissions in good faith in providing the assistance or advice. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. As used in this subsection:
    1. “Discharge” includes leakage, seepage or other release;
    2. “Hazardous materials” includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.

History. Laws 1993, ch. 68, § 1.

Editor's notes. —

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

Article 8. Size and Weight Limits

§ 31-18-801. Definitions.

  1. As used in this article:
    1. “Agricultural operations” means the raising and harvesting of their own crops or livestock in this state by farmers or ranchers, their exchange between farmers or ranchers or the transportation of implements of husbandry to or from farmers or ranchers by persons engaged in the business of selling or repairing such implements;
    2. “Axle” means the common axis of rotation of one (1) or more wheels, whether power driven or freely rotating, and whether in one (1) or more segments, and regardless of the number of wheels carried thereon;
    3. “Axle group” means an assemblage of two (2) or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure;
    4. “Axle load” means the total load transmitted to the road by an assembly of two (2) or more wheels whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes forty (40) inches apart extending across the full width of the vehicle;
    5. “Axle measurement” means the distance between axles to the nearest foot. When fractional measurement is exactly one-half (1/2) foot, the next larger whole number shall be used;
    6. Repealed by Laws 1998, ch. 46, § 2.
    7. “Cargo” means the items or freight to be moved, including items placed on or in a vehicle towed by a vehicle or a vehicle itself;
    8. “Connecting mechanism” means an arrangement of parts interconnecting two (2) or more consecutive axles to a vehicle in such a manner as to equalize the load between axles;
    9. “Department” means the department of transportation;
    10. “Director” means the director of the department of transportation;
    11. “Dummy axle” means an axle attached independently to a vehicle whose suspensions are not adjustable and do not articulate or substantially equalize the load and are so designed and placed as to indicate the appearance of a normal axle group;
    12. “Forest products” means logs, poles, posts, rough lumber, wood chips, sawdust and any other product of the forest which will require further processing;
    13. “Gross weight” means the total weight of a vehicle and vehicle combinations including the weight of any load carried in or on the vehicle and vehicle combinations;
    14. “Height” means the total vertical dimension of any vehicle above the ground surface including any load or load-holding device thereon;
    15. “Highway” means a public way maintained by the department for the purpose of vehicular travel, including rights-of-way or other interests in land, embankments, retaining walls, culverts, sluices, drainage structures, bridges, railroad-highway crossings, tunnels, signs, guardrails and protective structures;
    16. “Interstate or national defense highway” means highways which are designated as part of the interstate system by the transportation commission which are signed and marked accordingly;
    17. “Implement of husbandry” means a vehicle or vehicles manufactured or designed and used exclusively for the conduct of agricultural operations and only incidentally operated on or moved on highways;
    18. “Length” means the total longitudinal dimension of any vehicle or combination of vehicles, including any load or load-holding device thereon, but excluding any device or appurtenance attached to the front or rear of a semitrailer or trailer whose function is related to the safety of, or efficient operation of the unit or contents. Excluded devices include but are not limited to air hose glad hands, fifth wheel slide plates, dock bumpers, air deflectors and refrigeration units. No excluded devices shall be designed or used for carrying cargo;
    19. “Load” means a weight or quantity of anything resting upon something else regarded as its support;
    20. “Motor vehicle” means a vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires but not operating on rails;
    21. “Permit” means a written authorization to move or operate on a highway a vehicle or vehicle with a load of size or weight exceeding the limits as specified by statute, which are limited by this act [§§ 31-18-801 through 31-18-808 ] and regulations of the department;
    22. “Primary and secondary highways” means highways which are designated as part of the primary or secondary system by the transportation commission which are signed and marked accordingly;
    23. “Safety device” means any piece of equipment or mechanism, including rear view mirrors, pin pockets not to exceed three (3) inches on each side and other devices designated by the director, attached to a vehicle to assure its safe operation and to assure the safe movement of a load hauled by the vehicle;
    24. “Semitrailer” means every vehicle of a trailer type not equipped with propelling power so designed for carrying property and used in conjunction with a motor vehicle that some part of its own weight and load rests upon or is carried by another vehicle;
    25. “Single axle” means an assemblage of two (2) or more wheels, whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes forty (40) inches apart extending across the full width of the vehicle;
    26. “Single axle load” means the total load transmitted to the road by a single axle;
    27. “Single vehicle” means one (1) vehicle or one (1) unit of a combination of vehicles as a truck-tractor, semitrailer or trailer;
    28. “Tandem axle” means any two (2) or more consecutive load bearing axles whose centers are more than forty (40) inches but not more than ninety-six (96) inches apart and articulate from an attachment to the vehicle including a variable load suspension or connecting mechanism designed to distribute the load between axles;
    29. “Tandem axle load” means the total weight transmitted to the road by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty (40) inches and not more than ninety-six (96) inches apart, extending the full width of the vehicle;
    30. “Trailer” means every vehicle not equipped with propelling power, designed for carrying property and for being drawn by a motor vehicle which carries no part of the weight and load of a trailer on its own wheels;
    31. “Truck” means a motor vehicle designed, used or maintained primarily for the transportation of property;
    32. “Truck-tractor” means a motor vehicle designed and used primarily for drawing other vehicles but not for loads other than a part of the weight of the vehicles and load drawn. For the purpose of this article, a truck-tractor equipped with a dromedary unit shall be considered a part of the weight of the vehicle and not a load thereon and a truck-tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit;
    33. “Variable load suspension axle” means an axle that may be adjusted to vary the weight carried by the axle;
    34. “Vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon rails or tracks;
    35. “Vehicle combination” means any connected assemblage of a motor vehicle and one (1) or more other vehicles;
    36. “Width” means the total outside transverse dimension of a vehicle including any load or load-holding devices thereon, but excluding approved safety devices and tire bulge due to load;
    37. “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;
    38. “Recreational vehicle” means as defined in W.S. 31-16-101(a)(xxiii);
    39. “Truck camper” means a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.

History. Laws 1971, ch. 257, § 1; W.S. 1957, § 31-217.2; Laws 1973, ch. 123, § 1; W.S. 1977, § 31-5-1001 ; Laws 1979, ch. 19, § 1; 1980, ch. 32, § 1; 1983, ch. 108, § 1; 1984, ch. 2, § 1; 1987, ch. 71, § 1; 1991, ch. 241, § 3; 1993, ch. 68, § 3; 1998, ch. 46, §§ 1, 2; 1999, ch. 123, § 1.

Editor's notes. —

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

§ 31-18-802. General requirements.

  1. All vehicles operated on the highways of this state shall comply with the following:
    1. Width — all highways:
      1. No vehicle, unladen or with load or load-holding device thereon shall exceed one hundred two (102) inches in width. Notwithstanding the foregoing, appurtenances on noncommercial motor homes, house trailers and truck campers may exceed one hundred two (102) inches in width if they extend no further than the exterior rear view mirrors of the motor home, tow vehicle or pickup truck, in the case of a truck camper, provided such mirrors only extend the distance necessary to provide the required field of view for the vehicle before the appurtenances were attached.
    2. Height — all highways:
      1. No vehicle, unladen or with load or load-holding devices thereon, shall exceed fourteen (14) feet in height.
    3. Notwithstanding paragraphs (i) and (ii) of this subsection, implements and produce of husbandry of greater widths or greater heights may be moved in agricultural operations during daylight hours, without a permit or fee, but subject to and in accordance with regulations promulgated by the department for the protection of persons, property, highways and bridges. Regarding movement of implements of husbandry not exceeding sixteen (16) feet in width or height, the rules and regulations shall:
      1. Not require the use of escort vehicles provided the implement is kept to the right of the center line;
      2. Require the display of an oversize vehicle sign and warning lights as approved by the department.
    4. Length - all highways, except as provided in 31-18-803(a):
      1. No combination of vehicles shall consist of more than three (3) single vehicles. No single vehicle shall have an overall length in excess of sixty (60) feet;
      2. In a truck-tractor semitrailer combination, no semitrailer shall exceed sixty (60) feet in length. In a truck-tractor, semitrailer, trailer combination or truck-tractor double semitrailer combination, the length of the semitrailer shall not exceed forty-eight (48) feet and the length of the trailer or second semitrailer shall not exceed forty (40) feet. The combined length of the semitrailer and trailer or semitrailer shall not exceed eighty-one (81) feet including connecting mechanisms. For any other combination of vehicles the overall length shall not exceed eighty-five (85) feet;
      3. In a truck-tractor, semitrailer, trailer or double semitrailer combination, the heavier towed vehicle shall be directly behind the truck-tractor and the lighter towed vehicle shall be last if the weight difference between consecutive towed vehicles exceeds five thousand (5,000) pounds.
    5. Weights:
      1. The wheels of all vehicles except those operated at a speed of less than ten (10) miles per hour shall be equipped with pneumatic tires;
      2. No wheel equipped with solid tires shall carry a load in excess of eight thousand (8,000) pounds;
      3. No wheel shall carry a load in excess of ten thousand (10,000) pounds. No tire on a steering axle shall carry a load in excess of seven hundred fifty (750) pounds per inch of tire width and no other tire on a vehicle shall carry a load in excess of six hundred (600) pounds per inch of tire width. “Tire width” means the width stamped on the tire by the manufacturer;
      4. No single axle shall carry a load in excess of twenty thousand (20,000) pounds;
      5. No tandem axle shall carry a load in excess of thirty-six thousand (36,000) pounds and no one (1) axle of any group of two (2) consecutive axles shall exceed the weight permitted on a single axle;
      6. No triple axle, consisting of three (3) consecutive load bearing axles that articulate from an attachment to the vehicle including a connecting mechanism or variable load suspension axle to keep all axles at or below legal limits, having a spacing between the first and third axles greater than ninety-six (96) inches and not more than one hundred two (102) inches, shall carry a load in excess of forty-two thousand (42,000) pounds;
      7. Subject to the limitation imposed by the axle load, no vehicle or combination of vehicles shall be operated on the interstate or national defense highways exceeding the maximum weight allowed under federal law and unless in compliance with Table I corresponding to a distance in feet between the extremes of any axle groups measured longitudinally to the nearest foot except that vehicles with two (2) consecutive sets of tandem axles may carry a gross load of thirty-six thousand (36,000) pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is thirty-six (36) feet or more;
      8. Vehicles operating on primary and secondary highways may operate in accordance with Table I or Table II at the discretion of the operator as follows:
        1. For vehicles operating under gross weight Table I, the total gross weight in pounds imposed on the highway by any group of two (2) or more consecutive axles on a vehicle or combination of vehicles shall not exceed the value given in gross weight Table I, corresponding to a distance in feet between the extremes of any axle groups measured longitudinally to the nearest foot except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-six thousand (36,000) pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is thirty-six (36) feet or more;
        2. For vehicles operating under the provisions of gross weight Table II, the total gross weight in pounds imposed on the highway by a vehicle or combination of vehicles shall not exceed the value given in gross weight Table II, corresponding to the distance in feet between the extremes of the vehicle or combination of vehicles measured longitudinally to the nearest foot;
        3. Vehicles with two (2) consecutive sets of tandem axles with a distance of less than twenty-two (22) feet between the first and last axles of the consecutive sets shall comply with gross weight Table I.
      9. A variable load suspension axle shall produce a distribution of weight to prevent an axle or axle group from exceeding allowable weights as specified in this paragraph. Dummy axles shall not be considered in the determination of allowable weights;
      10. The following general formula is applied in preparing gross weight Table I: W = 500 [LN/(N - 1) + 12N + 36] Where: W = overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred (500) pounds. L = distance in feet between extremes of any group of two (2) or more consecutive axles. N = number of axles in the group under consideration.
    6. GROSS WEIGHT TABLE I Distance in feet between the extremes of any group of two (2) or more consecutive axles Maximum gross weight in pounds carried on any group of two (2) or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 7 axles 8 axles 9 ormore axles 4 36,000 5 36,000 6 36,000 7 36,000 8 36,000 42,000 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500 18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 74,000 25 54,500 58,500 63,500 69,000 74,500 26 55,500 59,500 64,000 69,500 75,000 27 56,000 60,000 65,000 70,000 76,000 28 57,000 60,500 65,500 71,000 76,500 82,000 29 57,500 61,500 66,000 71,500 77,000 82,500 30 58,500 62,000 66,500 72,000 77,500 83,000 31 59,000 62,500 67,500 72,500 78,000 83,500 32 60,000 63,500 68,000 73,000 78,500 84,500 90,000 33 64,000 68,500 74,000 79,000 85,000 90,500 34 64,500 69,000 74,500 80,000 85,500 91,000 35 65,500 70,000 75,000 80,500 86,000 91,500 36 Two (2) consecutive sets of tandem axles may carry 36,000 pounds each if the distance is 36 feet or more between the consecutive sets of tandem axles 66,000 70,500 75,500 81,000 86,500 92,000 37 66,500 71,000 76,000 81,500 87,000 93,000 38 67,500 72,000 77,000 82,000 87,500 93,500 39 68,000 72,500 77,500 82,500 88,500 94,000 40 68,500 73,000 78,000 83,500 89,000 94,500 41 69,500 73,500 78,500 84,000 89,500 95,000 42 70,000 74,000 79,000 84,500 90,000 95,500 43 70,500 75,000 80,000 85,000 90,500 96,000 44 71,500 75,500 80,500 85,500 91,000 96,500 45 72,000 76,000 81,000 86,000 91,500 97,500 46 72,500 76,500 81,500 87,000 92,500 98,000 47 73,500 77,500 82,000 87,500 93,000 98,500 48 74,000 78,000 83,000 88,000 93,500 99,000 49 74,500 78,500 83,500 88,500 94,000 99,500 50 75,500 79,000 84,000 89,000 94,500 100,000 51 76,000 80,000 84,500 89,500 95,000 100,500 52 76,500 80,500 85,000 90,500 95,500 101,000 53 77,500 81,000 86,000 91,000 96,500 102,000 54 78,000 81,500 86,500 91,500 97,000 102,500 55 78,500 82,500 87,000 92,000 97,500 103,000 56 79,500 83,000 87,500 92,500 98,000 103,500 57 80,000 83,500 88,000 93,000 98,500 104,000 58 84,000 89,000 94,000 99,000 104,500 59 85,000 89,500 94,500 99,500 105,000 60 85,500 90,000 95,000 100,500 105,500 61 86,000 90,500 95,500 101,000 106,000 62 87,000 91,000 96,000 101,500 107,000 63 87,500 92,000 97,000 102,000 107,500 64 88,000 92,500 97,500 102,500 108,000 65 88,500 93,000 98,000 103,000 108,500 66 89,000 93,500 98,500 104,000 109,000 67 90,000 94,000 99,000 104,500 110,000 68 90,500 95,000 99,500 105,000 110,500 69 91,000 95,500 100,000 105,500 111,000 70 92,000 96,000 101,000 106,000 111,500 71 92,500 96,500 101,500 106,500 112,000 72 93,000 97,000 102,000 107,000 112,500 73 93,500 98,000 102,500 107,500 113,000 74 94,500 98,500 103,000 108,500 113,500 75 95,000 99,000 104,000 109,000 114,000 76 95,500 99,500 104,500 109,500 115,000 77 96,000 100,000 105,000 110,000 115,500 78 97,000 101,000 105,500 110,500 116,000 79 97,500 101,500 106,000 111,000 116,500 80 98,000 102,000 106,500 111,500 117,000 81 98,500 102,500 107,000 112,000 82 99,000 103,000 108,000 113,000 83 100,000 104,000 108,500 113,500 84 104,500 109,000 114,000 85 105,000 109,500 114,500 86 105,500 110,000 115,000 87 106,000 111,000 115,500 88 107,000 111,500 116,000 89 107,500 112,000 117,000 90 108,000 112,500 91 108,500 113,000 92 109,000 113,500 93 110,000 114,000 94 110,500 115,000 95 or more 111,000 115,500 Click to view
    7. GROSS WEIGHT TABLE II PRIMARY AND SECONDARY HIGHWAYS Distance in feet between the extremes of the first and last axle of any vehicle or combinations of vehicles Maximum gross weight in pounds 10 43,500 11 45,000 12 48,000 13 50,000 14 52,000 15 54,000 16 54,000 17 54,000 18 56,000 19 58,000 20 62,000 21 64,000 22 65,000 23 66,000 24 66,000 25 66,000 26 66,000 27 66,000 28 66,000 29 66,000 30 67,000 31 68,000 32 69,000 33 70,000 34 71,000 35 72,000 36 73,000 37 74,000 38 75,000 39 76,000 40 76,000 41 76,000 42 76,000 43 76,000 44 76,000 45 77,000 46 77,400 47 78,300 48 or more 80,000 Click to view
    8. The director may reduce the maximum allowable axle loads and gross weight limits for specific highways or sections thereof or for bridges under his jurisdiction if the continued operation of vehicles or combinations of vehicles would create undue damage to the highways or bridges. Any person owning or operating a vehicle or combination of vehicles in violation of reduced load limits when posted or otherwise appropriately marked is liable for damage to the highway or bridge in question in addition to the penalties provided by law;
    9. There is no obligation on the state to heighten any bridge, tunnel or other structure on highways because of the provisions of this act [§§ 31-18-801 through 31-18-808 ]. The director may reduce the size and weight limits of vehicles and loads on state and federal highways if, in his discretion, road conditions require;
    10. A board of county commissioners may by resolution adopt any or all of the provisions of this act to apply to county roads under their jurisdiction. The sheriff shall have enforcement authority on county roads under W.S. 31-18-805 for provisions adopted.

History. Laws 1971, ch. 257, § 2; W.S. 1957, § 31-217.3; Laws 1973, ch. 123, § 1; 1977, ch. 129, § 1; W.S. 1977, § 31-5-1002; Laws 1983, ch. 108, § 1; 1984, ch. 46, §§ 1, 2; 1985, ch. 76, § 1; 1989, ch. 179, § 1; 1991, ch. 94, § 1; 1993, ch. 68, § 3; ch. 98, § 1; 1998, ch. 46, § 1; 1999, ch. 123, § 1; 2007, ch. 126, § 1.

The 2007 amendment, effective July 1, 2007, in (a)(iv) inserted “except as provided in 31-18-803(a)” at the end of the sentence.

Editor's notes. —

There is no subparagraph (a)(i)(B), (a)(ii)(B) or (a)(v)(I) or subsection (b) in this section as it appears in the printed acts.

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

Limitation on weight of vehicle or load thereon with respect to the use of streets or highways, 75 ALR2d 376.

Measure and elements of damages for injury to bridge, 31 ALR5th 171.

§ 31-18-803. Conditions for operating vehicles transporting other vehicles.

  1. Vehicles used for transporting other vehicles may be operated singly, or in combinations by the towbar, saddlemount or full-mount methods, subject to the following terms and conditions:
    1. No more than one (1) towbar may be used in any such combination;
    2. Notwithstanding W.S. 31-5-1009 and 31-18-802(a)(iv), no more than three (3) saddlemounts may be used in any combination except additional vehicles may be transported when safely loaded upon the frame of a vehicle in a properly assembled saddlemount combination and the overall length of the saddlemount combination does not exceed ninety-seven (97) feet;
    3. Towed vehicles in a triple saddlemount combination shall have brakes acting on all wheels which are in contact with the roadway;
    4. All applicable rules of the department and safety regulations on coupling devices and towaway methods of the bureau of motor carriers safety, United States department of transportation shall be observed and complied with;
    5. Any vehicle being towed without brakes and an operator shall be connected to the towing vehicle by a safe, solid connecting device to prevent slack between the vehicles.

History. Laws 1971, ch. 257, § 3; W.S. 1957, § 31-217.4; Laws 1975, ch. 111, § 1; W.S. 1977, § 31-5-1003 ; Laws 1983, ch. 108, § 1; 1993, ch. 68, § 4; 2007, ch. 126, § 1.

The 2007 amendment, effective July 1, 2007, in (a)(ii) substituted “Notwithstanding W.S. 31-5-1009 and 31-18-802(a)(iv), no” for “No” preceding “more than three (3)” and inserted “and the overall length of the saddlemount combination does not exceed ninety-seven (97) feet;” at the end of the sentence.

Editor's notes. —

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

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 31-5-1003 , effective July 1, 1993.

§ 31-18-804. Permits for and certain highways to carry, overweight and oversize vehicles; government vehicles.

  1. The director or his authorized representative may issue permits for separate movements or extended periods of movement effective for one (1) or more months, not to exceed ninety (90) days permitting hauling of forest products, baled hay or combine headers. No permit issued under this section shall be granted for any load of forest products exceeding one hundred twelve (112) inches in width or any load of baled hay or combine headers exceeding one hundred fifty (150) inches in width and fifteen (15) feet in height. No single component of the load may exceed one hundred two (102) inches in width. The fee for a single trip permit is fifteen dollars ($15.00). The fee for an extended period permit is fifty dollars ($50.00).
  2. The director or his authorized representative may issue a permit exclusive of interstate highways for hauling of forest products, sugar beets, gravel, livestock and agricultural products hauled in trucks that cannot be weighed at point of loading at a weight which is not more than ten percent (10%) in excess of allowable axle weights and not more than five thousand (5,000) pounds in excess of gross weights allowed under gross weight Table I. The permit fee is fifteen dollars ($15.00) for a single trip permit not to exceed ninety-six (96) continuous hours. The permit fee is fifty dollars ($50.00) for any ninety (90) continuous days. If a truck hauling forest products, sugar beets, gravel, livestock or agricultural products exceeds the legal weight limitations, the truck shall be allowed to unload at its point of destination in this state if the point of destination is within one (1) mile of the truck’s location when the illegal weight limitation was determined, unless an immediate threat to public safety exists. No penalty for the first violation shall be imposed, but any subsequent violation shall be subject to the penalty provisions of W.S. 31-18-805 .
  3. In special circumstances of individual movements of vehicles hauling single, multiple or readily divisible items which cannot be readily or safely dismantled or divided or which cannot be transported safely or without damage when dismantled or divided, the director or his authorized representative may upon application and good cause shown issue a permit in writing effective for a single trip by each permit authorizing the applicant to operate or move a vehicle or combination of vehicles of a width, height, length or weight of vehicle or load, exceeding the maximum specified in or authorized under W.S. 31-18-802 .
  4. For movements of a vehicle without load, or meeting indivisible load requirements, or a trailer carrying a recreational boat that exceeds any maximum dimension or weight authorized under W.S. 31-18-802 , the director or his authorized representative may upon application issue a permit in writing effective for an extended period of time, not to exceed one (1) year, authorizing the movement of the vehicle, provided that the size does not exceed seventy-five (75) feet in length for a single vehicle and twelve (12) feet in width or fifteen (15) feet in height for a single vehicle or combination of vehicles. The permit fee for an oversize vehicle is fifty dollars ($50.00). The director or his authorized representative may upon application issue a permit effective for one (1) year, authorizing the commercial movement of one (1) or more motor homes, house trailers or truck campers that exceed the maximum width authorized under W.S. 31-18-802 (a)(i)(A). A copy of the permit shall be carried with the vehicle. The fee for such a permit shall not exceed two hundred fifty dollars ($250.00). Notwithstanding subsections (e) through (t) of this section, no additional permit requirements shall be imposed upon the commercial movement of such vehicles if such vehicles comply with W.S. 31-18-802(a)(i)(A). The permit fee for an overweight vehicle is as prescribed in subsection (g) of this section. Extended period permits are not authorized for transportable homes as defined in W.S. 31-1-101 .
  5. The application for any permit under this section shall specifically describe the applicant, individual or company, the vehicle or load to be operated or moved, and the particular highway to be used and whether the permit is requested for a single trip or for extended period operation. Each permit shall contain the following provisions: duration of permit, description of load or loads to be moved, section standards which are to be exceeded and the amount of excess authorized, description of equipment, route to be traveled and required operating procedures. Every permit issued under this act [§§ 31-18-801 through 31-18-808 ] shall be carried with the vehicles or combination of vehicles to which it refers and shall be open to inspection by any authorized agent of the state of Wyoming. Permission may be verbally issued by telephone or otherwise, granting the applicant authorization to proceed to the nearest permit issuing facility to be weighed and measured and to obtain the permit. Unless otherwise authorized by the director or his authorized representative, permits shall be obtained prior to operating any oversize or overweight vehicles on the highways of this state. Nothing herein contained shall be construed to permit a vehicle that is overweight or oversize and has not obtained a permit or permission in advance to be operated on the highways of this state. Except as provided in W.S. 31-18-805(b) and this subsection, the operator shall be required to unload the excess weight, reduce the excess size or otherwise bring the load within permissible limits and pay all fees for overweight or oversize under this act for distance traveled in addition to penalties provided by law.
  6. When an oversize single trip permit is issued, the fee is twenty-five dollars ($25.00). Should any vehicle including load exceed the dimensions of fifteen (15) feet in width or fifteen (15) feet in height or any single vehicle including load exceed seventy-five (75) feet in length, an additional fee shall be paid in excess of the above limitation computed at the rate of three cents ($.03) for each foot or fraction thereof for each mile traveled on the highways.
  7. When an overweight permit is issued, the fee is six cents ($.06) for each ton or fraction thereof of weight in excess of the weight limitation under W.S. 31-18-802 for each mile traveled on the highways. In no event shall the fee be less than forty dollars ($40.00) for the permit. A permit under this section for loads exceeding eighty (80) tons shall not be issued until the permittee has paid all costs incurred by the state to determine routing, structure, highway capability to withstand the load and the cost incurred by sending personnel to accompany the movement of the load.
  8. In addition to other permits authorized in this act [§§ 31-18-801 through 31-18-808 ], the director may issue permits to be completed by the applicant. These permits shall authorize separate movements of items that cannot be readily dismantled or divided, or safely transported if dismantled or divided. The applicant is required to complete a separate permit prior to each separate movement. The fee for the permit is that established in subsections (f) and (g) of this section.
  9. The director may promulgate rules and regulations as to the terms and conditions of the permits issued under this article. Alteration of any word or figure on the face of a permit will void the permit immediately and will subject the permit to confiscation by the inspecting officer.
  10. The funds paid for permits for the use of highways shall be credited to the state highway fund.
  11. Permits issued under this act [§§ 31-18-801 through 31-18-808 ] shall be issued under conditions deemed necessary for travel safety and highway system protection as to time of day and day of week, route, equipment, speed and otherwise as may be determined by the director or his authorized representative.
  12. Certain highways may be designated to carry vehicles of greater weight, size and number of vehicles than given in this article if it has been determined by the governor or director that a situation of economic hardship exists or that the general welfare of the state of Wyoming or another state would benefit from the designation. Vehicles operating on the designated highways shall obtain a permit under this section in accordance with rules adopted by the director. Provisions for the designation may be made if the director has determined:
    1. That the operation of the vehicles under this subsection would relieve a situation that is detrimental to the economy or general welfare of the state or another state; and
    2. By engineering evaluation that the highways and bridges in question have geometrical and structural capacity adequate to accommodate the vehicles and allow their operation safely and compatibly with other traffic on the highways; and
    3. That federal highway funds will not be withdrawn by this provision.
  13. The director or his authorized representative is authorized to examine and audit the records of any person having applied for and having received overweight and oversize permits to determine the accuracy of these permits and reports, or to determine fees due in the event no report is made. The records shall not be destroyed for a period of two (2) years or until the records have been examined and audited, whichever occurs first.
  14. In determining permit weights of vehicles or combinations of vehicles, a variable load suspension axle may be counted as load bearing, provided that the variable load suspension axle that is capable of producing a distribution of weight to prevent an axle or axle group from exceeding maximum allowable weights in accordance with department rules and regulations.
  15. Multiple piece loads of a size or weight greater than that authorized in W.S. 31-18-802 are prohibited except as authorized in this section.
  16. Oversize vehicles with a proper permit may be used to transport loads of legal size, legal weight, oversize indivisible loads or overweight indivisible loads.
  17. Vehicles owned and operated by government agencies shall comply with the provisions of this article and the rules and regulations promulgated pursuant to this article, except that no permit shall be required for oversize or overweight movements made in compliance with this section.
  18. The director or his authorized representative may issue permits for vehicles at weights in excess of limits allowed in W.S. 31-18-802(a)(vi), but meeting axle and bridge formula specifications in section 127 of title 23, United States Code and pursuant to section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2186) and sections 1023(d)(I)(A) and (1)(B) of the Intermodal Surface Transportation Efficiency Act of 1991. Permit fees for vehicles operating under this provision shall be paid in accordance with rules adopted by the director or his authorized representative and shall be credited to the highway fund. A power unit receiving a permit under this subsection shall be capable of maintaining a speed of twenty-five (25) miles per hour on a grade of five percent (5%) or less when fully loaded.
  19. Nothing in this article shall be interpreted to authorize the operation of triple trailers as prohibited by W.S. 31-5-1009 .

History. Laws 1971, ch. 257, § 4; W.S. 1957, § 31-217.5; Laws 1975, ch. 77, § 1; ch. 146, § 1; 1977, ch. 14, § 1; ch. 38, § 1; ch. 129, § 1; W.S. 1977, § 31-5-1004 ; Laws 1979, ch. 19, § 1; ch. 108, § 1; 1983, ch. 108, § 1; 1984, ch. 46, § 1; 1989, ch. 179, § 1; 1991, ch. 147, § 1; 1993, ch. 68, § 3; ch. 98, § 1; 1996, ch. 50, § 1; 1998, ch. 46, § 1; 1999, ch. 123, § 1; 2008, ch. 23, § 1; 2013 ch. 121, § 1, effective March 13, 2013.

The 2008 amendment, effective July 1, 2008, substituted “twenty-five dollars ($25.00)” for “fifteen dollars ($15.00)” in (f); in (g), substituted “six cents ($.06)” for “four cents ($.04),” and substituted “forty dollars ($40.00)” for “twenty-five dollars ($25.00).”

The 2013 amendment, rewrote introductory paragraph (n) and (n)(i); and added (u).

Laws 2013, ch. 121, § 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 27, 2013.

Editor's notes. —

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

Intermodal Surface Transportation Efficiency Act. —

Section 1023(d)(I)(A) and (B) of the federal Intermodal Surface Transportation Efficiency Act of 1991, referred to in the first sentence in subsection (t), appears in 23 U.S.C. § 127(d)(1).

§ 31-18-805. Penalties for violations; permit where vehicle or load cannot be dismantled; enforcement; fines.

  1. Any person who violates this article, rules and regulations promulgated under it or the conditions of any permit issued under it is guilty of a misdemeanor punishable except where otherwise provided in this article, by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), imprisonment for not more than thirty (30) days, or both.
  2. Where the vehicle or load cannot be readily dismantled to meet the provisions of this act [§§ 31-18-801 through 31-18-808 ], the director or his authorized representative may issue a permit as authorized under this act.
  3. A driver of any vehicle, or combination of vehicles upon demand of any state trooper having reason to believe that the weight of any vehicle or combination, including load, if any, is unlawful, shall stop and submit the vehicle or combination of vehicles and any load thereon to a weighing at any state owned or leased scales not to exceed five (5) miles from the declared route of travel, unless the vehicle has been weighed at a port of entry with the same load. The driver shall comply with the directions of the trooper to obtain the total weight or measurement of the load and vehicle.
  4. If a vehicle or combination of vehicles does not exceed the gross weight provisions of Table I or Table II, but does exceed the axle limits in an amount not over two thousand (2,000) pounds, or does exceed either the width limits of W.S. 31-18-802(a)(i) or the length limits of W.S. 31-18-802(a)(iv) by not more than twelve (12) inches, the cargo may be repositioned by the operator to comply with the legal limits and be allowed to proceed without penalty. In the case of a load that has shifted during transit and cannot be reasonably repositioned to meet legal limits, a permit may be issued.
  5. Notwithstanding subsection (a) of this section, the fine for exceeding weight limitations is as follows:

    EXCESS WEIGHT (LBS) FINE 0 — 2,000 $ 25.00 2,001 — 4,000 75.00 4,001 — 6,000 125.00 6,001 — 8,000 150.00 8,001 — 10,000 200.00 10,001 — 12,000 300.00 12,001 — 14,000 400.00 14,001 — 16,000 500.00 16,001 — 18,000 600.00 18,001 — 20,000 700.00 Over 20,000 1,000.00

    Click to view

    Plus an additional two hundred dollars ($200.00) for each one thousand (1,000) pounds or fraction thereof exceeding twenty thousand (20,000) pounds over the legal limits.

History. Laws 1971, ch. 257, § 5; W.S. 1957, § 31-217.6; W.S. 1977, § 31-5-1005; Laws 1983, ch. 108, § 1; 1993, ch. 68, § 3; ch. 98, § 1; 1998, ch. 46, § 1; 1999, ch. 3, § 1; 2011, ch. 192, § 1.

Cross references. —

For Gross Weight Tables I and II, see § 31-18-802 .

The 2011 amendment, effective July 1, 2011, in (a), substituted “one hundred dollars ($100.00)” for “fifty dollars ($50.00)”; and in (e), increased the fines for exceeding weight limitations, and substituted “two hundred dollars ($200.00)” for “one hundred dollars ($100.00)” in the second paragraph.

§ 31-18-806. Adoption of greater size or weight limits comparable to federal limits.

If the federal highway administration or the United States congress prescribes or adopts vehicle size or weight limits greater than those now prescribed by the Federal-Aid Highway Act of 1956 (title I of public law 627, 84th congress) which exceed in full or in any part the provisions of this article, the department may, upon determining that Wyoming highways have been constructed to standards which will accommodate the additional size or weight, and that the adoption of the size and weight schedule will not jeopardize any federal appropriations to the state, adopt size and weight provisions or schedules comparable to those approved or recommended by the United States congress or the federal highway administration.

History. Laws 1971, ch. 257, § 6; W.S. 1957, § 31-217.7; W.S. 1977, § 31-5-1006 ; Laws 1983, ch. 108, § 1; 1993, ch. 68, § 4; 2004, ch. 130, § 1.

The 2004 amendment substituted “part the provisions of this article” for “part of this act.”

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.

Editor's notes. —

Laws 1993, ch. 68, § 4, renumbered this section, which was former § 31-5-1006 , effective July 1, 1993.

Federal-Aid Highway Act. —

For present provisions of the Federal-Aid Highway Act of 1956, as to size and weight limitations, referred to in this section, see 23 U.S.C. § 127.

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.”

§ 31-18-807. Special permits for certain combinations of vehicles.

The director may issue special permits, which shall not be in force more than ninety (90) days, authorizing the operation of a combination of motor vehicles on the highways of the state consisting of more than three (3) single units. The permits shall be issued for the purpose of testing the use of such units under actual operating conditions on the highways. The permits shall be issued under the supervision of and under conditions including time, route, equipment and speed determined by the director.

History. Laws 1967, ch. 40, § 1; W.S. 1957, § 37-167.3; W.S. 1977, § 37-8-321 ; Laws 1983, ch. 108, § 2; 1984, ch. 46, § 1; Rev. W.S. 1977, § 31-5-1007 ; Laws 1993, ch. 68, § 3.

§ 31-18-808. Towing oversize disabled vehicles.

  1. The width, height and length limitations prescribed in W.S. 31-18-802 and 31-18-804 do not apply to damaged, disabled or abandoned vehicles or combinations of vehicles in compliance with W.S. 31-18-802 or 31-18-804 , while being towed by a tow truck or otherwise transported in compliance with regulations of the department. The limitation on the number of vehicles in combination imposed by W.S. 31-18-802 may be exceeded for the purpose of towing disabled or abandoned vehicles or vehicle combinations from highways to the nearest point of safekeeping where the vehicle or vehicles can safely be reduced in size to comply with W.S. 31-18-802 whereby the safety of the disabled vehicle or other traffic will be maintained.
  2. The towing vehicle shall be:
    1. Specifically designed for the operation;
    2. Equipped with amber flashing lights; and
    3. Capable of utilizing the lighting and braking systems of the disabled vehicle or combination of vehicles if the systems are operational.
  3. The highway patrol shall be notified prior to the operation of a combination of vehicles under this section on the highways of the state.
  4. A vehicle transporting disabled vehicles other than by towing shall be equipped with amber flashing lights or be accompanied by a vehicle with amber flashing lights.
  5. The director or his authorized representative may issue a permit, effective for one (1) year, authorizing the movements of disabled or abandoned vehicles or vehicle combinations that exceed the maximum weights authorized under W.S. 31-18-802(a)(v), while being towed by a tow truck or otherwise transported in compliance with regulations of the department. The fee for an annual permit issued under this subsection shall be fifty dollars ($50.00) per tow truck.

History. Laws 1987, ch. 209, § 1; W.S. 1977, § 31-5-1008; Laws 1989, ch. 22, § 1; 1991, ch. 241, § 3; 1993, ch. 68, § 3; 1998, ch. 46, § 1; 2004, ch. 3, § 1.

The 2004 amendment added (e).

Laws 2004, ch. 3, § 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 1, 2004.

Article 9. Multistate Highway Transportation Agreement

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

72 Am. Jur. 2d States, Territories and Dependencies §§ 10, 12, 15 to 17.

81A C.J.S. States § 31.

§ 31-18-901. Agreement provisions generally.

The Multistate Highway Transportation Agreement is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

History. Laws 1981, ch. 176, § 1; W.S. 1977, § 31-15-101 ; Laws 1984, ch. 48, § 1; 1993, ch. 68, § 3; ch. 98, § 1; 1996, ch. 66, § 1; 2001, ch. 135, § 1.

ARTICLE I DEFINITIONS

SECTION 1

As used in this agreement:

  1. “Cooperating committee” means a body composed of the designated representatives from the participating jurisdictions;
  2. “Designated representative” means a legislator or other person authorized under article IX to represent the jurisdiction;
  3. “Jurisdiction” means a state of the United States or the District of Columbia;
  4. “Vehicle” means any vehicle as defined by statute to be subject to size and weight standards which operates in two (2) or more participating jurisdictions.

ARTICLE II GENERAL PROVISIONS

SECTION 1

Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.

SECTION 2

Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.

SECTION 3

Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations of that state.

SECTION 4

Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing. This section shall have no effect on any judicial decision.

SECTION 5

Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.

SECTION 6

Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.

ARTICLE III COOPERATING COMMITTEE

SECTION 1

Each participating jurisdiction shall have two (2) designated representatives. Pursuant to section 2, article II, the designated representatives of each of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:

  1. Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters;
  2. Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken;
  3. Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.
  4. Consider mutual transportation problems of the motor carrier industry and recommend changes.
  5. Recommend improvements in highway operations, in vehicular safety and in state administration of highway transportation laws.
  6. Perform functions necessary to facilitate the purposes of this agreement.

    SECTION 2

    Each designated representative of a participating jurisdiction shall be entitled to one (1) vote only. No action of the committee is approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.

    SECTION 3

    The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice-chairman and a secretary.

    SECTION 4

    The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.

ARTICLE IV OBJECTIVES OF THE PARTICIPATING JURISDICTIONS

SECTION 1

Objectives. The participating jurisdictions hereby declare that:

  1. It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 36,000 pounds and a gross vehicle or combination weight of that resulting from application of the formula:

    W = 500 [LN/(N - 1) + 12N + 36] where W = maximum weight in pounds carried on any group of two (2) or more consecutive axles computed to the nearest five hundred (500) pounds;

    L = distance in feet between the extremes of any group of two (2) or more consecutive axles;

    N = number of axles in group under consideration.

  2. It is the further objective of the participating jurisdictions that in the event the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of eighty thousand (80,000) pounds gross vehicle weight or statutory maximum lengths. The maximum statutory limits in each participating jurisdiction will not be affected.
  3. It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications and operating practices; and such other matters as may be pertinent.
  4. The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement and specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
  5. It is the further objective of the participating jurisdictions to:
    1. Establish transportation laws and regulations to meet regional and economic needs and to promote an efficient, safe and compatible transportation network;
    2. Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of principles of highway safety;
    3. Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws; and
    4. Facilitate communication among legislators, state transportation administrators and commercial industry representatives to discuss unique highway transportation issues in participating jurisdictions.

ARTICLE V ENTRY INTO FORCE AND WITHDRAWAL

SECTION 1

This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 6, article II.

SECTION 2

Any participating jurisdiction may withdraw from this agreement by canceling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.

ARTICLE VI CONSTRUCTION AND SEVERABILITY

SECTION 1

This agreement shall be liberally construed so as to effectuate the purposes thereof.

SECTION 2

The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.

ARTICLE VII FILING OF DOCUMENTS

SECTION 1

A copy of this agreement, its amendments and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.

ARTICLE VIII EXISTING STATUTES NOT REPEALED

SECTION 1

All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.

ARTICLE IX SELECTION OF DESIGNATED REPRESENTATIVES

SECTION 1

The process for selecting the designated representatives to the cooperating committee shall be established by law under this article.

SECTION 2

The persons authorized to represent the state of Wyoming as the designated representatives to the committee shall be the chairman of the senate transportation and highways committee and the chairman of the house transportation and highways committee, or a legislator or a state agency official each chairman may designate.

SECTION 3

The chairmen of the senate and house transportation and highways committees shall also designate one (1) alternate representative who shall also be a legislator or state agency official to serve in the absence of the representative designated under section 2 of this article.

Cross references. —

For the filing of the report required under article III of this section, see § 31-18-903 .

Editor's notes. —

There is no Section 2 in Article I, IV, VII or VIII of this section as it appears in the printed acts.

§ 31-18-902. State cooperation with and assistance to interstate cooperating committee.

  1. The department of transportation shall cooperate with the cooperating committee in carrying out the purpose of W.S. 31-18-901 and shall cooperate with and assist the committee, to the extent funds are appropriated for this purpose, with the provisions of article III, section 1(a) and (b).
  2. Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representative, shall be budgeted from the fees collected under W.S. 31-18-502 .

History. Laws 1981, ch. 176, § 1; W.S. 1977, § 31-17-102; Laws 1984, ch. 48, § 1; Rev. W.S. 1977, § 31-15-102; Laws 1991, ch. 241, § 3; 1993, ch. 68, § 3; ch. 98, § 1; 1998, ch. 5, § 2; 2011, ch. 176, § 1.

The 2011 amendment, in (b), substituted “31-18-502” for “39-17-206(j).”

Laws 2011, ch. 176 § 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 3, 2011.

§ 31-18-903. Filing of report.

The report required by article III, section 4 of W.S. 31-18-901 shall be filed with the governor and the joint transportation and highways interim committee.

History. Laws 1997, ch. 31, § 1.

Chapter 19 Rental Vehicle Agencies

Effective dates. —

Laws 2009, ch. 128, § 5, makes the act effective January 1, 2010.

Article 1. Rental Agency Certificate; Registration; Surcharge; Fees; Enforcement

Effective dates. —

Laws 2009, ch. 128, § 5, makes the act effective January 1, 2010.

§ 31-19-101. Definitions.

  1. Except as otherwise provided, as used in this chapter:
    1. “Rental vehicle” means as defined in W.S. 31-1-101(a)(xx) and includes u-drive-it rental vehicles;
    2. “Rental vehicle agency” means any person who rents or offers for rental any vehicle, including a u-drive-it vehicle, without a driver for a period of thirty-one (31) days or less;
    3. “Rental vehicle fleet” means one (1) or more rental vehicles rented or offered for rental in Wyoming without a driver for a period of thirty-one (31) days or less and includes both rental vehicles and u-drive-it vehicles;
    4. “U-drive-it vehicle” means as defined in W.S. 31-1-101(a)(xxviii).

History. Laws 2009, ch. 128, § 1.

Editor's notes. —

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

§ 31-19-102. Required application; rental agency certificate.

Before commencing business and annually thereafter, any person who engages in the business of renting rental vehicles in Wyoming shall apply to the department for a certificate or a renewal of a certificate to operate as a rental vehicle agency. A certificate or renewal certificate is valid for one (1) year. Applications shall be accompanied by a fee of one hundred dollars ($100.00) and contain information with respect to the applicant’s name and established place of business address. The applicant shall list the physical address of each location in Wyoming where vehicles will be rented or offered for rental without a driver. A rental vehicle agency certificate including certificate number will be printed for each location with the physical address of that location indicated and shall be conspicuously displayed within the place of business for that location. Failure of the certificate holder to comply with any applicable rules and regulations or any provisions of this chapter shall result in cancellation of the certificate and subject the certificate holder to other penalties as provided by law.

History. Laws 2009, ch. 128, § 1.

§ 31-19-103. Established place of business.

  1. The department shall not issue a rental agency certificate to any applicant without an established place of business. If a rental vehicle agency changes the location of its established place of business, the rental vehicle agency shall immediately notify the department. A new rental vehicle agency certificate shall be granted if the new location meets all the requirements of an established place of business. If a rental vehicle agency ceases to have an established place of business, the rental vehicle agency shall immediately surrender its rental vehicle agency certificate to the department until the rental vehicle agency obtains an established place of business. The rental vehicle agency certificate shall be reissued without charge if a place of business is established. Nothing in this act shall be construed to prevent a rental vehicle agency from conducting its business at one (1) or more licensed supplemental lots or locations not contiguous but operated and maintained in conjunction with the rental vehicle agency’s place of business.
  2. The established place of business shall be a permanent commercial building:
    1. Which is located within the state of Wyoming at which place the business of a rental vehicle agency, its facilities, and a sign may be carried on or displayed in accordance with the terms of all applicable building codes, zoning, and other land-use regulatory ordinances prescribed by the municipality or county in which it is located;
    2. Which is not primarily used or attached directly to a residence and which is sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site to indicate the nature of the business;
    3. Which maintains a permanent, published telephone number;
    4. At which building the public may contact the rental vehicle agency or employees thereof at all reasonable times; and
    5. At which shall be kept and maintained, physically or electronically, the books, records and files as required by W.S. 31-19-105(e) as necessary to conduct the business.

History. Laws 2009, ch. 128, § 1; 2012, ch. 98, § 1.

The 2012 amendment, substituted “31-19-105(e)” for “31-19-106(c)” in (b)(v).

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.

§ 31-19-104. Registration of rental vehicles.

  1. All rental vehicles shall be registered pursuant to chapter 2, article 2 of this title, subject to the exemption provisions set forth in W.S. 31-2-224(a)(x) and (xi).
  2. U-drive-it vehicles may be registered under the international registration plan pursuant to W.S. 31-18-201 through 31-18-209 .
  3. A rental vehicle transaction occurs in the jurisdiction in which the rental vehicle first comes into the possession of the user. Thereafter, all rental vehicles rented by the owner and displaying valid registration in any jurisdiction may operate in Wyoming on an interstate and intrastate basis.

History. Laws 2009, ch. 128, § 1; 2012, ch. 98, § 1.

The 2012 amendment, substituted “31-2-224(a)(x) and (xi)” for “31-2-201(d)(xi) and (xii)” in (a).

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.

§ 31-19-105. Surcharge fees; penalty and interest.

  1. Rental companies engaged in the business of renting rental vehicles for periods of thirty-one (31) days or less shall collect, at the time the vehicle is rented in Wyoming, a four percent (4%) surcharge on each rental vehicle contract. For purposes of this chapter, a vehicle is rented in Wyoming if possession is obtained by the renter in Wyoming. The surcharge shall be computed on the total dollar amount stated in the rental contract, except that taxes imposed by chapters 15 and 16 of title 39 shall not be used in computing the surcharge. The surcharge paid under this section shall not be subject to the taxes imposed by chapters 15 and 16 of title 39.
  2. The surcharge shall be noted in the rental contract and collected in accordance with the terms of the contract. Except as provided in subsection (c) of this section, the surcharge shall be retained by the rental vehicle agency as reimbursement for any registration fees paid under W.S. 31-3-101 .
  3. Every rental vehicle agency which collects surcharges pursuant to this section shall file a report with the department on a semiannual basis stating the total amount of registration fees paid in Wyoming on its rental vehicle fleet for the report period, the total amount of rental revenues earned on rentals in Wyoming for the report period and the amount by which the total amount of surcharges collected for the report period exceeds the total amount of Wyoming registration fees paid on the rental vehicle fleet for the reporting period. The surcharge report for the report period of January through June shall be filed no later than July 31, and the surcharge report for the report period of July through December shall be filed no later than January 31 of the following calendar year.
  4. Every rental vehicle agency shall include a detailed report of all Wyoming registrations purchased for their rental vehicle fleet which shall include the make, model, year, vehicle identification number, name to which registration was issued, registration number and Wyoming registration fees paid. With each surcharge report, u-drive-it rental vehicle agencies with apportioned registration in another state shall file a detailed report stating the international registration plan account number and dollar amount of registration fees paid to the state of Wyoming.
  5. All surcharge revenues collected during the preceding calendar year in excess of the total amount of Wyoming registration fees paid on the rental vehicle fleet shall be remitted to the department with the July through December surcharge report, no later than January 31 of the following calendar year, for distribution in accordance with W.S. 31-3-103 . For a period of three (3) years after filing the report required under this section:
    1. The rental vehicle agency shall retain copies of all rental contracts;
    2. The department may require rental vehicle agencies to furnish copies of rental contracts for purposes of ensuring compliance with this section; and
    3. The rental vehicle agency shall provide other information as required by the department for enforcement of this chapter.
  6. If any person fails or refuses to file a four percent (4%) surcharge remittal report or remit the required surcharge fees, a penalty of ten percent (10%) of the surcharge fees due or ten dollars ($10.00) for each month delinquent up to a maximum penalty of one hundred percent (100%) of the surcharge fees due or one hundred dollars ($100.00), whichever is greater, shall be added to the amount due for the delinquent reporting period. The department shall notify the delinquent rental vehicle agency of the total amount due by providing written notice to the agency’s established place of business, as shown on the records of the department, either by hand delivery or by United States mail. The rental vehicle agency shall have thirty (30) days from receipt of the notice to submit any delinquent four percent (4%) surcharge remittal report and remit any surcharge fees, interest and penalties due. If the delinquent rental vehicle agency proves to the department that the delinquency was due to a reasonable cause, the department shall waive the penalty provided in this subsection.
  7. All delinquent surcharge fees shall be subject to a one percent (1%) per month interest charge which shall be disclosed to the rental vehicle agency in the written notice required by subsection (f) of this section.
  8. The department may require bonds under this chapter as follows:
    1. A bond equal to the greater of the sum of twenty-five thousand dollars ($25,000.00) or one hundred fifty percent (150%) of the dollar amount in which the agency is delinquent in submitting surcharges, whichever is greater, when a rental vehicle agency:
      1. Operates without a valid rental vehicle agency certificate;
      2. Is delinquent in filing any four percent (4%) surcharge remittal report;
      3. Is delinquent in remitting any surcharge fees;
      4. Applies for reissuance of a rental agency certificate after the rental agency certificate has been revoked; or
      5. Applies for a new or renewal rental agency certificate after violating any provision of this chapter.
    2. The bond shall be executed with a corporate surety duly licensed to do business in this state. In lieu of a corporate surety bond, the department may accept a cash bond made payable to the department. Any interest earned on a cash bond shall accrue to the rental vehicle agency. The bond shall comply with all of the following requirements:
      1. Be approved as to form by the Wyoming attorney general;
      2. Be made payable to the department;
      3. Guarantee payment of delinquent surcharge fees due under this article and the return of the rental vehicle agency certificates issued under this article.
    3. The department shall require a bond from any rental vehicle agency whose certificate has been revoked or who violates any provision of this chapter, as a condition of future licensing. The department may waive any bond requirement imposed when a rental vehicle agency complies with all requirements of this chapter for three (3) consecutive years;
    4. Failure to post a bond required by the department under this section shall result in the denial of a rental vehicle agency certificate.
  9. Any person failing to remit the four percent (4%) surcharge fee required by this section is liable for double the amount due, plus interest, penalties and attorney’s fees. Upon application made by the state and without requiring a bond, an injunction may be issued against the defendants enjoining and restraining them from renting or offering for rent any rental vehicles in the state until all amounts due are paid. Upon application made by the state, a receiver of the property and business of the defendant may be appointed to impound the same as security for all amounts due.

History. Laws 1994, ch. 90, § 1; 1995, ch. 114, § 1; 2000, ch. 48, § 2; 2009, ch. 16, § 2, ch. 128, § 3.

The 2009 amendment, effective January 1, 2010, Laws 2009, ch 16, § 2, substituted “thirty-one (31) days” for “twenty-nine (29) days” in the first sentence of (a); substituted “vehicle agencies” for “companies” or similar language and “rental” for “passenger” in (a) through (d); deleted “motor” preceding “vehicles” in (a) through (d) and made related changes.

This section was formerly § 31-3-104 , and amended by Laws 2009, ch. 16, § 2, effective January 1, 2010, and amended and renumbered by Laws 2009, ch. 128, § 3, effective January 1, 2010. The amendment and renumbering by ch. 128 was implemented at the direction of the Legislative Service Office.

§ 31-19-106. Unlawful acts.

  1. No rental vehicle agency, employee thereof, or other person required to be licensed under this chapter shall:
    1. Rent or offer to rent rental vehicles unless the person holds a valid rental vehicle agency certificate;
    2. Engage in the business for which a rental vehicle agency certificate is issued without maintaining an established place of business as required by this chapter;
    3. Violate this chapter or any of the rules and regulations promulgated under it;
    4. Knowingly purchase, sell, acquire, rent, offer to rent or dispose of a stolen vehicle;
    5. Knowingly rent or offer to rent a vehicle which has an altered or removed vehicle identification number or alter or remove a vehicle identification number;
    6. Violate any law of this state respecting commerce in vehicles or any related state agency rule or regulation;
    7. Violate any provision of the federal motor vehicle safety standards;
    8. Knowingly publish or circulate any misleading or inaccurate advertisement which misrepresents any of the products or services offered by a rental vehicle agency or use any false or misleading advertisement in the conduct of its business;
    9. Make a false report to the department with the intent to misrepresent the amount of registration fees paid on rental vehicles or the amount of surcharge fees collected.
  2. Any statement, threats, promises, acts, contracts or offers of contracts which lessen or eliminate competition or tend to create a monopoly are unfair trade practices, unfair methods of competition and are prohibited.
  3. No rental vehicle agency or employee thereof shall attempt to nullify any of the provisions of this chapter, whether by written instrument, agreement, release or waiver. Any such attempt, agreement, written instrument, release or waiver is null and void.

History. Laws 2009, ch. 128, § 1.

§ 31-19-107. Enforcement.

  1. Any person who knowingly or intentionally violates any provision of this chapter or who knowingly or intentionally procures, aids, or abets any person in violation or noncompliance, is guilty of a misdemeanor and upon conviction is subject to a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. Each rental vehicle transaction occurring while in violation of the provisions of this chapter constitutes a separate offense. In addition, the department may revoke any rental agency certificate for violation of this chapter and deny issuance of any subsequent rental vehicle agency certificate for a period not to exceed ten (10) years.
  2. The highway patrol division, any other enforcement officers designated by the department, and any peace officer of any county or municipality, are charged with the duty of policing and enforcing the provisions of this chapter. All such persons shall have the authority to issue citations for violations of any of the provisions of this chapter.
  3. The department may promulgate rules and regulations necessary to implement the provisions of this chapter and shall provide the forms necessary to meet the filing requirements of this chapter.

History. Laws 2009, ch. 128, § 1.

Chapter 20 Transportation Network Companies

§ 31-20-101. Definitions.

  1. As used in this chapter:
    1. “Digital network” means any online enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with a driver;
    2. “Driver” means an individual operator of a transportation network company vehicle who:
      1. Receives connection to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
      2. Uses a transportation network company vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in exchange for compensation.
    3. “Prearranged ride” means the provision of transportation by a driver to a rider:
      1. Beginning when a driver accepts a rider’s request for a ride through a digital network controlled by a transportation network company;
      2. Continuing while the driver transports the requesting rider; and
      3. Ending when the rider exits the transportation network company vehicle.
    4. “Rider” means a natural person who uses a transportation network company’s digital network to connect with a driver who provides prearranged rides in a transportation network company vehicle between locations chosen by the natural person;
    5. “Transportation network company” means a corporation, partnership, sole proprietorship or other entity which operates pursuant to this chapter and uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
    6. “Transportation network company vehicle” means a vehicle that is:
      1. Used by a driver to provide a prearranged ride; and
      2. Owned, leased or otherwise authorized for use by the driver.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-102. Agent.

A transportation network company shall maintain a registered agent for service of process in Wyoming pursuant to W.S. 17-28-101.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-103. Fare collected for services.

On behalf of a driver, a transportation network company may charge a fare for the services provided to riders, provided that if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare or fare calculation method on its digital network. The transportation network company shall provide a rider with the applicable rate being charged for a prearranged ride and the option to receive an estimated fare before the rider enters the transportation network company vehicle.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-104. Identification of transportation network company vehicles and drivers.

A transportation network company’s digital network shall display a picture of the driver and the license plate number of the transportation network company vehicle used to provide the prearranged ride prior to a rider entering a transportation network company vehicle.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-105. Electronic receipt.

Within four (4) hours following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the rider on behalf of the driver that provides a record of the origin and destination of the prearranged ride, the total time and distance of the prearranged ride and an itemization of the total fare paid, if any.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-106. Driver requirements.

  1. Before a transportation network company may allow an individual to act as a driver, the transportation network company shall:
    1. Require the individual to submit to the transportation network company an application that includes all of the following:
      1. The individual’s name, mailing address and age;
      2. A photocopy of the individual’s driver’s license;
      3. A photocopy of the registration for the transportation network company vehicle that the individual will use to provide prearranged rides;
      4. Proof of financial responsibility for the transportation network company vehicle that the individual will use to provide prearranged rides;
      5. Any other information required by the transportation network company.
    2. Conduct, or cause a third party to conduct, the following:
      1. A local and national criminal background check on the individual that shall include review of a multistate or multijurisdiction criminal records locator or other similar commercial nationwide database with primary source search validation;
      2. A search of the United States department of justice’s national public sex offender website for the individual; and
      3. A search of the individual’s driving history pursuant to W.S. 31-7-309(a).

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-107. Financial responsibilities of transportation network companies and drivers.

  1. A driver, or a transportation network company on the driver’s behalf, shall maintain a motor vehicle liability policy that recognizes the driver is a transportation network company driver or otherwise uses a vehicle to transport riders for compensation and covers the driver:
    1. While the driver is available to receive requests for prearranged rides; and
    2. While the driver is engaged in a prearranged ride.
  2. The following automobile insurance requirements shall apply while a participating driver is available to receive requests for prearranged rides but is not engaged in a prearranged ride:
    1. Primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000.00) for death and bodily injury per person, one hundred thousand dollars ($100,000.00) for death and bodily injury per incident and twenty-five thousand dollars ($25,000.00) for property damage; and
    2. Uninsured motorist coverage as required by W.S. 31-10-101 .
  3. The following automobile insurance requirements shall apply while a driver is engaged in a prearranged ride:
    1. Primary automobile liability insurance that provides at least one million dollars ($1,000,000.00) for death, bodily injury and property damage; and
    2. Uninsured motorist coverage as required by W.S. 31-10-101 .
  4. The requirements of subsections (b) and (c) of this section may be satisfied by a motor vehicle liability policy or bond maintained by the driver, the transportation network company or through a combination of the driver and the transportation network company.
  5. Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to deny a claim.
  6. If any insurance maintained by a driver pursuant to subsection (b) or (c) of this section has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim and the transportation network company’s insurer shall have the duty to defend such claim.
  7. The insurance requirements of this section may be satisfied by insurance placed with an insurer authorized as required under W.S. 26-3-101 or with an eligible surplus lines insurer as defined in W.S. 26-11—107 that has a credit rating of no less than “A-” from A.M. Best or similar rating from another rating agency recognized by the department of insurance.
  8. Insurance satisfying the requirements of this section shall be deemed to satisfy the financial responsibility requirement of a motor vehicle under the Motor Vehicle Safety-Responsibility Act.
  9. A driver shall carry digital or physical proof of coverage satisfying the requirements of subsections (b) and (c) of this section with the driver at all times while operating a transportation network company vehicle. In the event of an accident, a driver shall provide this insurance coverage information to the directly interested parties, automobile insurers and investigating police officers upon request. Upon such request, a driver shall also disclose to directly interested parties, automobile insurers and investigating police officers whether the driver was available to receive a request for a prearranged ride or engaged in a prearranged ride at the time of the accident.
  10. In a claims coverage investigation, a transportation network company shall immediately provide upon request by directly involved parties or, if applicable, any insurer of the driver, the precise times that a driver was available to receive a request for a prearranged ride in the twelve (12) hour period immediately preceding and in the twelve (12) hour period immediately following the accident. Insurers providing coverage under this section shall disclose upon request by any other insurer involved in the particular claim, the applicable coverages, exclusions and limits provided under any automobile insurance maintained in order to satisfy the requirements of this section.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-108. Automobile insurance provisions.

  1. Insurers that write automobile insurance in Wyoming may exclude any and all coverage afforded under the policy issued to an owner or operator of a transportation network company vehicle for any loss or injury that occurs while a driver is available to receive a request for a prearranged ride or while a driver is engaged in a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including any of the following:
    1. Liability coverage for bodily injury and property damage;
    2. Uninsured and underinsured motorist coverage;
    3. Medical payments coverage;
    4. Comprehensive coverage;
    5. Collision coverage.
  2. Subsection (a) of this section shall apply notwithstanding any requirement under W.S. 31-9-405 . Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while a driver is available to receive a request for a prearranged ride, while the driver is engaged in a prearranged ride or while the driver otherwise uses a transportation network company vehicle to transport riders for compensation.
  3. Nothing in this section shall be construed as to require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is available to receive a request for a prearranged ride or while a driver provides a prearranged ride.
  4. Nothing in this section shall be deemed to preclude an insurer from providing primary or excess coverage for the driver’s transportation network company vehicle, if it chooses to do so by contract or endorsement.
  5. Automobile insurers that exclude the coverage described in W.S. 31-20-107 shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this chapter shall be deemed to invalidate or limit an exclusion contained in a policy including any policy in use in Wyoming prior to the enactment of this chapter that excludes coverage for vehicles used to carry persons or property for a charge or which are available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of W.S. 31-20-107 .

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-109. Required disclosures.

  1. A transportation network company shall disclose in writing to a driver before the driver is allowed to accept a request for a prearranged ride on the transportation network company’s digital network:
    1. Any insurance or bond coverage, including the types of coverage and the limits for each coverage, the transportation network company provides to the driver when the driver uses a transportation network company vehicle to provide services in connection with the transportation network company’s digital network;
    2. That the driver’s own automobile insurance policy might not provide any coverage while the driver is available to receive a request for a prearranged ride or is engaged in a prearranged ride; and
    3. That if the vehicle to be used to provide a prearranged ride has a lien against it, the driver has a duty to notify the lienholder that the driver will use the vehicle for transportation services that may violate the terms of a contract with the lienholder. The driver shall disclose to the lienholder all insurance coverage information provided to the driver by the transportation network company pursuant to this section and the driver shall maintain proof that notice has been sent to the lienholder.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-110. Transportation network company and driver exclusions.

  1. A driver shall be an independent contractor, not subject to the Wyoming Worker’s Compensation Act and not an employee of a transportation network company if:
    1. The transportation network company does not unilaterally prescribe the hours during which a driver must be available to receive requests for prearranged rides;
    2. The transportation network company imposes no restrictions on the driver’s ability to use digital networks of other transportation network companies to provide prearranged rides;
    3. The transportation network company does not restrict a driver from engaging in commercial activities unrelated to providing prearranged rides; and
    4. The transportation network company and driver agree in writing that the driver is an independent contractor with respect to the transportation network company.
  2. A transportation network company shall not be deemed to control, direct or manage the transportation network company vehicles or drivers that connect to its digital network, except when agreed to by written contact. Notwithstanding any other provision of law a transportation network company or a driver shall not be deemed a commercial vehicle operator, a common carrier, a contract carrier, a motor carrier or a motor club.
  3. A transportation network company vehicle is not a taxicab, limousine, for hire vehicle or any public transportation conveyance. A driver shall not be required to register the vehicle the driver uses to provide prearranged rides as a commercial vehicle or a public transportation business.
  4. A prearranged ride does not include transportation provided using taxicab, limousine, for hire vehicle or commercial vehicle pursuant to this title. A prearranged ride does not include a shared expense carpool, or any other type of arrangement or service in which the driver receives a fee that does not exceed the driver’s costs associated with providing the ride.
  5. Nothing in this chapter limits the ability of a public airport or its governing body to enter into an operating agreement with a transportation network company providing access to that public airport. A public airport with more than ninety thousand (90,000) annual enplanements in the previous calendar year, as reported by the federal aviation administration, may require an operating agreement regarding entry, pick-up and drop-off with a transportation network company providing access to that public airport.
  6. Neither a transportation network company nor a driver shall include services performed:
    1. In the employ of a state, or any political subdivision of the state, or in the employ of an Indian tribe or any instrumentality of a state, any political subdivision of a state or any Indian tribe that is wholly owned by one (1) or more states or political subdivisions or Indian tribes, provided that the service is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 and 3306(c)(7);
    2. In the employ of a religious, charitable, educational or other organization that is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 through 3311, solely by reason of 26 U.S.C. § 3306(c)(8).

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.

§ 31-20-111. Controlling authority.

Notwithstanding any other provision of law, transportation network companies and drivers in this state are governed exclusively by this chapter and any laws consistent with this chapter including W.S. 39-15-103(a)(i)(D) and 39-15-106(k). Except as provided by this section, no municipality or other local or state entity may impose a tax on, or require a license for a transportation network company or driver or a vehicle used by a driver where such tax or licenses relate to facilitating or providing prearranged rides or subject a municipality’s or other state or local entity’s rate, entry, operational or other requirements that are inconsistent with, are more restrictive than or exceed the requirements of this chapter.

History. 2017 ch. 132, § 1, effective March 3, 2017.

Effective date. —

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.