Article 1 definitions 31‑1‑101. Definitions


‑5‑1202.  Parties to crime



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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.
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.
31‑5‑1204.  Authority to make arrest; general arrest procedures; arrest of nonresidents.
(a)  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:
(i)  Negligent homicide or homicide by vehicle;
(ii)  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;
(iii)  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;
(iv)  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;
(v)  Reckless driving;
(vi)  Racing on the highway; or
(vii)  Willfully fleeing from or attempting to elude a police officer.
(b)  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.
(c)  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:
(i)  When the person demands an immediate appearance before a judge; or
(ii)  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.
(d)  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:
(i)  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;
(ii)  When the person is charged with a violation of W.S. 31‑5‑959, relating to vehicles transporting hazardous materials;
(iii)  When the person is charged with a violation of W.S. 31‑18‑804.
(e)  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.
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.
(a)  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.
(b)  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.
(c)  The place specified in the notice to appear must be before a judge as designated in subsection (g) of this section.
(d)  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.
(h)  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.
(e)  Any officer violating any of the provisions of this section is guilty of misconduct in office and is subject to removal from office.
(f)  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.
(g)  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.
(h)  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.
(j)  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.
(k)  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 driver's license, 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.
31‑5‑1206.  Violation of promise to appear; appearance by counsel.
(a)  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.
(b)  A promise to appear in court may be complied with by an appearance by counsel.
(c)  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.
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.
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.
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.
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.
31‑5‑1211.  Disposition and records of traffic citations.
(a)  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.
(b)  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.
(c)  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.
(d)  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.
(e)  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.
31‑5‑1212.  Audit of traffic citation records; annual summary of traffic violation notices.
(a)  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.
(b)  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.
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.
31‑5‑1214.  Record of traffic cases; reports of convictions.
(a)  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.
(b)  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 record of the court 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.
(c)  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.
(d)  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.
(e)  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.
(f)  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.
ARTICLE 13

CHILD SAFETY RESTRAINT


31‑5‑1301.  Short title.
This article is known and may be cited as the "Child Safety Restraint Act."
31‑5‑1302.  Definitions.
(a)  As used in this article:
(i)  "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;
(ii)  Repealed by Laws 2003, Ch. 197, § 2.
(iii)  "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;
(iv)  "Motor vehicle" means every vehicle which is self‑propelled;
(v)  "Passenger vehicle" means a motor vehicle designed to carry people and that was equipped with safety belts at the time of manufacture, excluding:
(A)  Emergency and law enforcement vehicles;
(B)  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;
(C)  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.
(vi)  Repealed By Laws 2003, Ch. 197, § 2.
(vii)  Repealed By Laws 2003, Ch. 197, § 2.
31‑5‑1303.  Child safety restraint system; required use; exception.
(a)  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.
(b)  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:
(i)  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;
(ii)  Repealed By Laws 1998, ch. 86, § 2.
(iii)  Repealed By Laws 1998, ch. 86, § 2.
(iv)  Repealed By Laws 1998, ch. 86, § 2.
(v)  Repealed By Laws 1998, ch. 86, § 2.
(vi)  The driver of the vehicle is rendering aid or assistance to the child or his parent or guardian;
(vii)  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.
31‑5‑1304.  Penalty.
(a)  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).
(b)  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.
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.
ARTICLE 14

SAFETY BELT USAGE


31‑5‑1401.  Definitions.
(a)  As used in this act:
(i)  "Emergency vehicle" means as defined in W.S. 31‑5‑1302(a)(iii);
(ii)  "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;
(iii)  "Police officer" means as defined in W.S. 31‑5‑102(a)(xxxiii);
(iv)  "Safety belt" means a passenger restraint which was installed when the vehicle was manufactured;
(v)  "Vehicle" means as defined in W.S. 31‑5‑102(a)(lviii);
(vi)  "This act" means W.S. 31‑5‑1401 and 31‑5‑1402.
31‑5‑1402.  Safety belts required to be used; exceptions; reduction in fine.
(a)  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.
(b)  Subsection (a) of this section does not apply to:
(i)  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;
(ii)  Any passenger vehicle which is not required to be equipped with safety belts under federal law;
(iii)  A carrier of the United States postal service performing duties as a postal carrier;
(iv)  Any person properly secured in a child safety restraint system in accordance with W.S. 31‑5‑1301 through 31‑5‑1305; or
(v)  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.
(c)  No violation of this section shall:
(i)  Be counted as a moving violation for the purpose of suspending a driver's license under W.S. 31‑7‑129;
(ii)  Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31‑5‑1214.
(d)  No motor vehicle shall be halted solely for a violation of this section.
(e)  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).
(f)  Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action.
ARTICLE 15

MOTORCYCLE SAFETY EDUCATION PROGRAM


31‑5‑1501.  Definitions.
(a)  As used in this act:
(i)  "Department" means the Wyoming department of transportation;
(ii)  "Director" means the director of the department of transportation;
(iii)  "Program" means the Wyoming motorcycle safety education program established under W.S. 31‑5‑1502;
(iv)  "This act" means W.S. 31‑5‑1501 through 31‑5‑1507.
31‑5‑1502.  Motorcycle safety education program created.
(a)  The department shall develop standards for, establish and administer the Wyoming motorcycle safety education program.
(b)  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.
(c)  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.
(d)  The director shall appoint a program coordinator to oversee and direct the program.
(e)  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.

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