Article 1 definitions 31‑1‑101. Definitions


‑9‑204.  Reciprocal suspension of nonresidents' operating privileges and residents' licenses; notice to and from other states



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31‑9‑204.  Reciprocal suspension of nonresidents' operating privileges and residents' licenses; notice to and from other states.
(a)  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.
(b)  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.
31‑9‑205.  Requirements for release of suspension.
(a)  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:
(i)  The person deposits or there shall be deposited on his behalf the security required under W.S. 31‑9‑202; or
(ii)  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
(iii)  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:
(A)  The person deposits and thereafter maintains security as required under W.S. 31‑9‑202 in such amount as the division determines; or
(B)  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.
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.
31‑9‑207.  Form and amount of security; reduction or increase.
(a)  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.
(b)  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.
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.
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.
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.
ARTICLE 3

SUSPENSION OF LICENSE AND REGISTRATION



FOR UNSATISFIED JUDGMENT
31‑9‑301.  Notice of failure to satisfy judgment.
(a)  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.
(b)  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.
31‑9‑302.  Suspension upon receipt of judgment; consent to continued license and registration.
(a)  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.
(b)  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.
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.
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.
31‑9‑305.  Payment of judgments in installments; failure to meet payments.
(a)  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.
(b)  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.
(c)  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.
ARTICLE 4

PROOF OF FINANCIAL RESPONSIBILITY


31‑9‑401.  Suspension and revocation of license and registrations until proof maintained; when proof required.
(a)  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.
(b)  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.
(c)  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.
(d)  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.
(e)  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.
(f)  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).
31‑9‑402.  Types of proof.
(a)  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:
(i)  A certificate of insurance as provided in W.S. 31‑9‑403 or 31‑9‑404;
(ii)  A bond as provided in W.S. 31‑9‑408; or
(iii)  A certificate of deposit of money or securities as provided in W.S. 31‑9‑409.
(b)  Proof of financial responsibility may be furnished as allowed by W.S. 31‑9‑110.
31‑9‑403.  Certificate of insurance carrier.
(a)  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.
(b)  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.
31‑9‑404.  Nonresidents.
(a)  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:
(i)  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;
(ii)  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.
(b)  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.
31‑9‑405.  "Liability policy" defined; required coverage; additional clauses.
(a)  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.
(b)  An owner's policy of liability insurance shall:
(i)  Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is to be granted; and
(ii)  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.
(c)  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.
(d)  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.
(e)  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.
(f)  Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:
(i)  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;
(ii)  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;
(iii)  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;
(iv)  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.
(g)  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.
(h)  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.
(j)  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(k)  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.
(m)  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for the policy.
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.
31‑9‑407.  Excepted insurance policies.
(a)  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.
(b)  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.
31‑9‑408.  Surety bonds.
(a)  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.
(b)  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.

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