Article 1 definitions 31‑1‑101. Definitions
‑7‑129. Discretionary suspension of license
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- 31‑7‑130. Commencement of cancellation, suspension or revocation.
- 31‑7‑131. Surrender and return of license.
- 31‑7‑132. Restriction on operation under foreign license during cancellation, suspension or revocation in this state.
- 31‑7‑133. Unlawful use of license.
- 31‑7‑134. Driving while license cancelled, suspended or revoked.
- 31‑7‑135. Permitting unlicensed person to drive.
- 31‑7‑136. General penalties.
- 31‑7‑137. Proof of receipt of notice or order; change of address or name.
- 31‑7‑138. Temporary license pursuant to W.S. 31‑5‑1205(k) (arrest for driving under the influence).
- 31‑7‑139. Anatomical organ donor.
- 31‑7‑140. Nonresident Violator Compact of 1977; division to enter into compact.
- 31‑7‑201. Compact provisions generally.
- 31‑7‑301. Notification required by driver.
- 31‑7‑302. Employer responsibilities.
31‑7‑129. Discretionary suspension of license. (a) The division may suspend the license of any driver for a period not to exceed twelve (12) months if the licensee: (i) Is a repeated violator, such fact being established by a record of moving violations, accidents or by other evidence; (ii) Has permitted an unlawful or fraudulent use of his license as defined in W.S. 31‑7‑133; (iii) Has refused or neglected to submit to an examination required by the division under W.S. 31‑7‑122; (iv) 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 (v) Violates any of the endorsements on his commercial driver's license. (b) Upon receiving a record of the licensee's conviction, the division may suspend a license issued under W.S. 31‑7‑117(c) for: (i) Ninety (90) days, for a first conviction; (ii) One (1) year, for a subsequent conviction. 31‑7‑130. Commencement of cancellation, suspension or revocation. (a) 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: (i) Twenty (20) days after notice of intent to suspend or revoke is given by the division; (ii) If a hearing is requested in a timely manner, at the conclusion of the hearing process; or (iii) 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. 31‑7‑131. Surrender and return of license. (a) Upon cancelling, suspending or revoking a license, the division shall require that the license be surrendered to the division. (b) Any person whose license has been cancelled, suspended or revoked shall immediately return his license to the division. (c) At the end of a period of a suspension, the division shall return a license to the licensee, if unexpired. 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. 31‑7‑133. Unlawful use of license. (a) It is an unlawful use of a license and is a misdemeanor for any person to: (i) Display or permit to be displayed, or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered driver's license; (ii) Lend his driver's license to any other person or knowingly permit its use by another; (iii) Display or represent as one's own any driver's license not issued to him; (iv) Fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked or cancelled; (v) 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; (vi) Permit any unlawful use of a driver's license issued to him; or (vii) Drive a vehicle in violation of the endorsements on his driver's license, commercial driver's license or commercial learners, instruction or temporary permit. 31‑7‑134. Driving while license cancelled, suspended or revoked. (a) 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. (b) Repealed By Laws 1998, ch. 113, § 2. (c) 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. (d) 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. 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. 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), 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. 31‑7‑137. Proof of receipt of notice or order; change of address or name. (a) 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. As used in this section, "last known address" means the address on file with the division. (b) A person licensed under this act shall notify the division in writing within ten (10) days of any change of his address or name. 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. (c) 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. 31‑7‑138. Temporary license pursuant to W.S. 31‑5‑1205(k) (arrest for driving under the influence). (a) 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: (i) The date of issuance; (ii) That the license is valid for thirty (30) days; (iii) That the person may apply for an extension from the division, if eligible for a Wyoming driver's license; (iv) That the person's license, whether a Wyoming license or a license from another jurisdiction was or was not surrendered to the arresting officer; (v) 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. (b) 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: (i) Applies in person at a licensing station; (ii) Surrenders or has surrendered his Wyoming driver's license; (iii) Surrenders the temporary license issued under W.S. 31‑5‑1205(k); and (iv) Is otherwise eligible to receive a Wyoming driver's license. (c) 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. (d) 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. (e) Upon receipt of a record indicating the disposition of the arrest or citation which required surrender of the license: (i) Each Wyoming license surrendered under this section or pursuant to W.S. 31‑5‑1205(k) shall be: (A) Returned, if the licensee is not convicted and is otherwise entitled to receive the license; or (B) Retained, if the licensee is convicted. (ii) Otherwise, each record received shall be forwarded to the jurisdiction in which the license was issued and shall indicate: (A) The licensee was not convicted and is otherwise entitled to receive his license or driving privileges; or (B) The licensee was convicted. (f) 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. (g) As used in subsection (e) of this section: (i) "Convicted" includes the department's suspension or denial of a license pursuant to W.S. 31‑5‑234 or 31‑6‑108; (ii) "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. 31‑7‑139. Anatomical organ donor. (a) 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. (b) Repealed by Laws 1990, ch. 18, § 3. (c) Repealed by Laws 1990, ch. 18, § 3. 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. 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. 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: ARTICLE I Findings and Declaration of Policy (a) The party states find that: (i) 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; (ii) 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; (iii) 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. (b) It is the policy of each of the party states to: (i) 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; (ii) 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 (a) As used in this compact: (i) "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; (ii) "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; (iii) "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 (a) 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: (i) Clearly identify the person convicted; (ii) Describe the violation specifying the section of the statute, code or ordinance violated; (iii) Identify the court in which action was taken; (iv) 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 (v) Include any special findings made in connection therewith. ARTICLE IV Effect of Conviction (a) 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: (i) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (ii) 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; (iii) Any felony in the commission of which a motor vehicle is used; (iv) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. (b) 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. (c) 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 (a) 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: (i) 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; (ii) 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; (iii) 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 (a) 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. (b) 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 (a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law. (b) 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. 31‑7‑202. Definitions. (a) As used in the Driver License Compact enacted in W.S. 31‑7‑201: (i) "Licensing authority" means the department of transportation; (ii) "Executive head" means the governor; (iii) "Head of the licensing authority" means the director of the department of transportation. ARTICLE 3 COMMERCIAL DRIVER'S LICENSE 31‑7‑301. Notification required by driver. (a) 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. (b) 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. (c) 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: (i) 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; (ii) The dates between which the applicant drove for each employer; and (iii) The reason for leaving each employer. 31‑7‑302. Employer responsibilities. (a) Each employer must require the applicant to provide the information required in W.S. 31‑7‑301. (b) No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle, unless exempted pursuant to the terms of this chapter, during any period in which the driver has: (i) Not been licensed to drive a commercial vehicle; (ii) A driver license suspended, revoked or canceled by a state; (iii) Lost the privilege to drive a commercial motor vehicle in a state; (iv) Been disqualified from driving a commercial motor vehicle; or (v) More than one (1) driver license. 31‑7‑303. Exemptions. (a) Notwithstanding any other provision of this act, the department shall by rule and regulation grant an exemption from the licensing and other requirements of this article or from the requirements of any rule or regulation adopted pursuant to this article to a class of persons or class of commercial motor vehicles exempted by the secretary of the United States department of transportation pursuant to title 49 of the United States Code including: (i) A farm or ranch vehicle when: (A) Controlled and operated by a farmer or rancher, including operation by employees or family members; (B) Used in agricultural operations as defined in W.S. 31‑18‑801(a)(i), exempted under W.S. 31‑18‑103(a) and used to transport either agricultural products, farm or ranch machinery, farm or ranch supplies, or any combination of these items, to or from a farm or ranch; and (C) Not used in the operations of a contract or common motor carrier. (ii) Firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police special weapons and tactics team vehicles, ambulances or other vehicles that are used in response to emergencies; (iii) Individuals who operate commercial motor vehicles for military purposes. This exception is applicable to active duty military personnel, members of the military reserves, members of the national guard on active duty, including personnel on full‑time national guard duty, personnel on part‑time national guard training, civilian national guard military technicians who are required to wear military uniforms and active duty United States coast guard personnel. (b) The department of transportation shall by rule and regulation grant to any person or class of persons specified under subsection (a) of this section any exemption from the requirements of this title that is granted by the secretary of the United States department of transportation. Directory: statutes -> compress statutes -> Maine Revised Statutes Title 10: commerce and trade chapter 206-B: personal sports mobile manufacturers, distributors and dealers statutes -> Maine Revised Statutes Title 36: taxation chapter 111: aircraft, house trailers and motor vehicles §1481. Definitions statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources compress -> Article 1 in general 35 1 101. Local contributions; disposition statutes -> §90-B. Address confidentiality program definitions compress -> General provisions Download 1.65 Mb. Share with your friends:
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