Article 1 definitions 31‑1‑101. Definitions

‑5‑234.  Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty

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• 31‑5‑235. Consumption and possession of alcoholic beverages in opened containers by operator of vehicle prohibited; definitions; penalty.
• 31‑5‑236. Careless driving.
• 31‑5‑237. Use of handheld electronic wireless communication devices for electronic messaging prohibited; exceptions; penalties.
• 31‑5‑301. Maximum speed limits.
• 31‑5‑302. Establishment of specific maximum speed limits by superintendent.
• 31‑5‑303. Establishing maximum speed limits by local authorities.
• 31‑5‑304. Minimum speed limits.
• 31‑5‑305. Special speed limit at bridges and other elevated structures.
• 31‑5‑306. Charging violations; burden of proving proximate cause.
• 31‑5‑401. Duty of local authorities to place and maintain.
• 31‑5‑402. Obedience to devices; exceptions.
• 31‑5‑403. Signal legend generally.

31‑5‑234.  Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty. (a)  As used in this section: (i)  "Alcohol concentration" means: (A)  The number of grams of alcohol per one hundred (100) milliliters of blood; (B)  The number of grams of alcohol per two hundred ten (210) liters of breath; or (C)  The number of grams of alcohol per seventy-five (75) milliliters of urine. (ii)  "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); (iii)  "Peace officer" means as defined by W.S. 7‑2‑101(a)(iv)(A), (B) and (G); (iv)  "Conviction" means as defined by W.S. 31‑7‑102(a)(xi). (b)  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. (c)  Repealed by Laws 2002, Ch. 93, § 2. (d)  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. (e)  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. (f)  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: (i)  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; (ii)  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; (iii)  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; (iv)  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; (v)  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). (g)  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. (h)  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). 31‑5‑235.  Consumption and possession of alcoholic beverages in opened containers by operator of vehicle prohibited; definitions; penalty. (a)  As used in this section; (i)  "Alcoholic beverage" means alcoholic liquor or malt beverage as defined in W.S. 12‑1‑101(a)(i), (vii) and (x); (ii)  "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. (b)  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: (i)  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); (ii)  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; (iii)  In the unoccupied back of a pickup truck out of reach of the driver even though access is available through a window; (iv)  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 (v)  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. (c)  Any person violating the provisions of this section shall: (i)  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); (ii)  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; (iii)  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. (d)  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. (e)  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. 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. 31‑5‑237.  Use of handheld electronic wireless communication devices for electronic messaging prohibited; exceptions; penalties. (a)  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: (i)  While the vehicle is lawfully parked; (ii)  To contact an emergency response vehicle; (iii)  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 (iv)  When using voice operated or hands free technology. (b)  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. (c)  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). (d)  As used in this section: (i)  "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; (ii)  "Emergency response vehicle" means any ambulance, fire department, law enforcement or civil defense vehicle or other vehicle used primarily for emergency purposes; (iii)  "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; (iv)  "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. ARTICLE 3 SPEED REGULATIONS 31‑5‑301.  Maximum speed limits. (a)  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. (b)  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: (i)  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; (ii)  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); (iii)  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: (A)  Affect the authority of the superintendent to otherwise designate lower or higher maximum speed limits on interstate highways in accordance with other laws; or (B)  Authorize noncompliance with posted speed limits on interstate highways. (iv)  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; (v)  Repealed By Laws 1997, ch. 61, § 2. (vi)  Notwithstanding paragraph (iii) of this subsection, eighty (80) miles per hour on interstate highways designated by the superintendent; (vii)  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). (c)  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. (d)  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. 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. 31‑5‑303.  Establishing maximum speed limits by local authorities. (a)  Repealed By Laws 2002, Ch. 68, § 2. (b)  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. (c)  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. (d)  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. (e)  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. 31‑5‑304.  Minimum speed limits. (a)  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. (b)  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. (c)  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. 31‑5‑305.  Special speed limit at bridges and other elevated structures. (a)  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. (b)  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. (c)  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. 31‑5‑306.  Charging violations; burden of proving proximate cause. (a)  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. (b)  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. ARTICLE 4 TRAFFIC-CONTROL DEVICES 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. 31‑5‑402.  Obedience to devices; exceptions. (a)  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. (b)  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. (c)  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. (d)  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. 31‑5‑403.  Signal legend generally. (a)  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: (i)  Green indication: (A)  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; (B)  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; (C)  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. (ii)  Steady yellow indication: (A)  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; (B)  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. (iii)  Steady red indication: (A)  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; (B)  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; (C)  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; (D)  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. (b)  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. 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