Article 1 definitions 31‑1‑101. Definitions

‑5‑959. Vehicles transporting hazardous materials

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31‑5‑959.  Vehicles transporting hazardous materials.
(a)  Any person operating any vehicle transporting any hazardous materials, hazardous substance, hazardous waste, marine pollutant or radioactive material as a cargo or part of a cargo upon a highway shall at all times comply with regulations of the department adopted pursuant to W.S. 31‑18‑303. The regulations shall be consistent with current hazardous materials regulations of the United States department of transportation.
(b)  No person shall dispose of or deposit any hazardous materials, hazardous substance, hazardous waste, marine pollutant or radioactive material upon any public street, road or highway in the state. However, the department of environmental quality or department of transportation may grant approval for the disposal or deposit of any material according to law.
(c)  Any person convicted of willfully violating subsection (b) of this section is guilty of a felony punishable by a fine of not more than ten thousand dollars ($10,000.00), imprisonment for not more than five (5) years, or both. Any person convicted of recklessly, as defined by W.S. 6‑1‑104(a)(ix), violating subsection (b) of this section is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than three (3) years, or both. Any person convicted of criminal negligence, as defined by W.S. 6‑1‑104(a)(iii), in violating subsection (b) of this section is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.
(d)  As used in this section:
(i)  "Hazardous materials" means a substance or material, including a hazardous substance, which has been determined by the United States secretary of transportation under title 49 of the Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property and which has been so designated;
(ii)  "Hazardous waste" means any material that is subject to the hazardous waste manifest requirements of the United States environmental protection agency as specified in 40 C.F.R. part 262;
(iii)  "Marine pollutant" means a hazardous substance which is listed in appendix b, 49 C.F.R. part 172.101 and, when in a solution or mixture of one (1) or more marine pollutants, is packaged in a concentration which equals or exceeds:
(A)  Ten percent (10%) by weight of the solution or mixture for materials that are listed in the appendix;
(B)  One percent (1%) by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.
(iv)  "Radioactive material" means any material having a specific activity greater than 0.002 microcuries per gram;
(v)  "Specific activity" of a radionuclide means the activity of the radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the activity per unit mass of the material.
31‑5‑960.  Pedestrian vehicles.
(a)  Every pedestrian vehicle operated upon a highway shall be equipped with the following equipment:
(i)  A horn meeting the requirements of W.S. 31‑5‑952(a);
(ii)  At least one (1) headlamp of either a single‑beam or multiple‑beam type which shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet when operated at any speed less than twenty‑five (25) miles per hour;
(iii)  Two (2) tail lamps which shall be so wired as to be lighted whenever the headlamp is lighted and which, when lighted, shall emit a red light plainly visible from a distance of at least one hundred (100) feet to the rear;
(iv)  Rear stop lamps and turn signals conforming to the requirements of the superintendent;
(v)  A brake which conforms to the performance requirements of W.S. 31‑5‑951; and
(vi)  A reflectorized flag mounted in a bracket permanently affixed to the vehicle. The flag, when mounted, shall be visible from all directions at a height of not less than forty‑eight (48) inches nor more than seventy‑two (72) inches measured from the level ground upon which the vehicle stands and shall conform to the following requirements:
(A)  Be constructed of durable, all‑weather type material;
(B)  Be orange in color;
(C)  Be triangular in shape with a minimum base length of eight and one-half (8 1/2) inches and a minimum side length of eleven and one-half (11 1/2) inches.
31‑5‑961.  Television receivers; electronic displays.
(a)  No motor vehicle operated on Wyoming highways shall be equipped with television‑type receiving equipment so located that the viewer or screen is visible from the driver's seat.
(b)  This section does not prohibit the use of television‑type receiving equipment used exclusively for safety or law enforcement purposes, provided the use is approved by the highway department.
(c)  This section does not prohibit the use of electronic displays used in conjunction with vehicle navigation systems.
31‑5‑962.  Sunscreening devices.
(a)  As used in this section:
(i)  "Dealer" means any person or business engaged in the distribution or installation of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun;
(ii)  "Light transmission" means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material;
(iii)  "Luminous reflectance" means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials;
(iv)  "Multipurpose passenger vehicle" means a motor vehicle designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off‑road operation;
(v)  "Nonreflective" means a product or material designed to absorb light rather than to reflect it;
(vi)  "Sunscreening device" means film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
(b)  No person may operate an enclosed motor vehicle that is registered or required to be registered in this state on any public highway, road or street that has a sunscreen device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this section.
(c)  A sunscreening device when used in conjunction with the windshield shall be a nonreflective type and may not be red, yellow or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the AS‑1 line or more than five (5) inches from the top of the windshield, whichever is closer to the top of the windshield.
(d)  A sunscreening device, when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver, shall be a nonreflective type and have total light transmission through both the sunscreening device and glazing of not less than twenty‑eight percent (28%).
(e)  A sunscreening device, when used in conjunction with the safety glazing materials of the side windows behind the driver and the rearmost window, shall be a nonreflective type and have total light transmission through both the sunscreening device and glazing of not less than twenty‑eight percent (28%).
(f)  No sunscreening device or tinting film may be applied or affixed to any window of a motor vehicle that has a luminous reflectance of light exceeding twenty percent (20%).
(g)  If any sunscreen device or tinting film is added to any windows behind the operator, one (1) left and one (1) right outside rearview mirror shall be required.
(h)  The requirements of this section shall not apply to windows behind the driver of trucks, buses, motor homes, ambulances, limousines and multipurpose passenger vehicles, to windshields on motorcycles or motor‑driven cycles. Except as provided in subsection (j) of this section, vehicle windows with a sunscreen device or tinting film applied prior to July 1, 1996 which do not meet the specifications established by this section shall be in violation after December 31, 1996.
(j)  Notwithstanding the requirements of subsections (d) and (e) of this section, any sunscreening device applied prior to July 1, 1996, when used in conjunction with the safety glazing materials of the side wings or side windows located at the immediate right and left of the driver, the side windows behind the driver and the rearmost window shall be of a nonreflective type and have total light transmission through both the sunscreening device and the glazing of not less than thirteen percent (13%).
(k)  No person or firm may apply or affix to the windows of any motor vehicle in this state, a sunscreen device or tinting film that is not in compliance with the requirements of this section.
(m)  Notwithstanding the requirements of this section, a motor vehicle operated by or regularly used to transport any person with a medical condition which renders him susceptible to harm or injury from exposure to sunlight or bright artificial light may be equipped, on its windshield and any or all of its windows, with sun shading or tinting films or applications which reduce the transmission of light into the vehicle to levels not less than twenty‑five percent (25%). The sun shading or tinting film when applied to the windshield of a motor vehicle shall not cause the total light transmittance to be reduced to any level less than seventy percent (70%), except for the upper five (5) inches of the windshield or the AS‑1 line, whichever is closer to the top of the windshield. Vehicles equipped with sun shading or tinting films as provided in this subsection shall not be operated on any highway unless the driver or an occupant of the vehicle has in his possession a certificate issued by the director authorizing such operation. The director shall issue the certificate only upon receipt of a signed statement from a licensed physician or licensed optometrist identifying the person seeking the certificate and stating that, in the physician's or optometrist's professional opinion, the equipping of a vehicle with sun shading or tinting films or applications is necessary to safeguard the health of the person seeking the certificate. Certificates issued by the director under this subsection shall be valid so long as the condition requiring the use of sun shading or tinting films or applications persists or until the vehicle is sold, whichever first occurs. In the discretion of the director, one (1) or more certificates may be issued to an individual or a family.
(n)  This section shall apply to multipurpose vehicles as defined in W.S. 31‑1‑101(a)(xv)(M) when equipped with a windshield and an enclosed cab.
31‑5‑970.  Required safe mechanical condition.
No person shall drive or move on the highway any vehicle, including vehicles referenced in W.S. 31‑5‑901(c), unless the equipment upon the vehicle is in good working order and adjustment as required in this act and unless the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
ARTICLE 10

SIZE AND WEIGHT LIMITS

31‑5‑1001.  Renumbered as § 31-18-801 by Laws 1993, ch. 68, § 3.
31‑5‑1002.  Renumbered as § 31-18-802 by Laws 1993, ch. 68, § 3.
31‑5‑1003.  Renumbered as § 31-18-803 by Laws 1993, ch. 68, § 4.
31‑5‑1004.  Renumbered as § 31-18-804 by Laws 1993, ch. 68, § 3.
31‑5‑1005.  Renumbered as § 31-18-805 by Laws 1993, ch. 68, § 3.
31‑5‑1006.  Renumbered as § 31-18-806 by Laws 1993, ch. 68, § 4.
31‑5‑1007.  Renumbered as § 31-18-807 by Laws 1993, ch. 68, § 3.
31‑5‑1008.  Renumbered as § 31-18-808 by Laws 1993, ch. 68, § 3.
31‑5‑1009.  Prohibition of triple trailers.
Except for the provisions of W.S. 31‑18‑808 and 31‑18‑803(a) no vehicle combination composed of more than three (3) single vehicles shall operate by special permit, test permit, or otherwise on the highways of this state.
ARTICLE 11

ACCIDENTS

31‑5‑1101.  Duty to stop vehicle where accident involves death or personal injuries; penalties.
(a)  The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of W.S. 31‑5‑1103. Every stop shall be made without obstructing traffic more than is necessary.
(b)  Any person failing to stop or to comply with subsection (a) of this section shall, upon conviction, be imprisoned not more than one (1) year, fined not more than five thousand dollars ($5,000.00), or both.
31‑5‑1102.  Duty to stop vehicle where accident involves damage to attended vehicle or property; penalty.
The driver of a vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to and remain at the scene of the accident until he has fulfilled the requirements of W.S. 31‑5‑1103. Every stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with this section is guilty of a misdemeanor.
31‑5‑1103.  Duty to give information and render aid.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license to the person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and to any police officer at the scene of or who is investigating the accident. The driver shall also render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that the treatment is necessary or if the carrying is requested by the injured person.
31‑5‑1104.  Duty upon colliding with unattended vehicle or property.
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or other property shall immediately stop and shall immediately either locate and notify the operator or owner of the vehicle or other property of his name, address and the registration number of the vehicle he is driving or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving his name, address and the registration number of the vehicle he is driving. Every stop shall be made without obstructing traffic more than is necessary.
31‑5‑1105.  Notice required of driver.
The driver of a vehicle involved in an accident resulting in injury to or death of any person, in property damage to another or others to an apparent extent of at least one thousand dollars ($1,000.00) or in any vehicle, excluding bicycles or any other vehicle moved solely by human power, becoming so disabled as to prevent its normal and safe operation, shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the nearest office of the state highway patrol or to the office of the county sheriff.
31‑5‑1106.  Written reports required of police officers; reporting of vehicles struck by bullets.
(a)  Repealed By Laws 2013, Ch. 102, § 3.
(b)  Repealed By Laws 2013, Ch. 102, § 3.
(c)  Every police officer who investigates a motor vehicle accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000.00) or more, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses shall forward a written report of the accident to the highway department within ten (10) days after his investigation of the accident.
(d)  The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the local police department if the garage is located within a municipality, otherwise to the county sheriff or nearest office of the state highway patrol, within twenty‑four (24) hours after the motor vehicle is received by the garage or repair shop, giving the identifying number, registration number and the name and address of the owner or driver of the vehicle.
31‑5‑1107.  Duty of occupant and owner when driver incapable of reporting.
(a)  Repealed By Laws 2013, Ch. 102, § 3.
(b)  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in W.S. 31‑5‑1105 and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.
(c)  Repealed By Laws 2013, Ch. 102, § 3.
31‑5‑1108.  Report forms; failure to make report; false report.
(a)  The highway department shall prepare and upon request supply to police departments, coroners, sheriffs and other suitable agencies or individuals, forms for accident reports required hereunder, appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.
(b)  Every accident report required to be made in writing shall be made on the appropriate form approved by the highway department and shall contain all of the information required therein unless not available.
(c)  Every accident report shall also contain information sufficient to enable the department to determine whether the requirements for the deposit of security under any of the laws of this state are inapplicable by reason of the existence of insurance or other exceptions specified therein.
(d)  Repealed By Laws 2013
(e)  A person shall not give information in oral or written reports as required in W.S. 31‑5‑1101 through 31‑5‑1111 knowing or having reason to believe that the information is false.
31‑5‑1109.  Repealed by Laws 1985, ch. 212, § 4.
31‑5‑1110.  Confidentiality of supplemental information to reports; use of reports as evidence; exceptions.
(a)  Repealed By Laws 2013, Ch. 102, § 3.
(b)  Supplemental information to a crash report filed in connection with the administration of the laws of this state relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection. The supplemental information may be examined by any person named therein or by his representative designated in writing.
(c)  No written reports forwarded under this section shall be used as evidence in any trial, civil or criminal, arising out of a crash except for prosecutions for filing false reports and, except that the highway department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified crash report has or has not been made to the highway department in compliance with law, and, if a report has been made, the date, time and location of the crash, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers.
31‑5‑1111.  Reports required by municipalities.
(a)  Any municipality may by ordinance require that the driver of a vehicle involved in a crash, or the owner of the vehicle, shall file with a designated city department a report of the crash or a copy of any report herein required to be filed with the highway department. All reports shall be subject to W.S. 31‑5‑1110. Any crash report required of persons involved in crashes shall be without prejudice to the individual so reporting.
(i)  Repealed by Laws 2017, ch. 174, § 2.
(ii)  Repealed by Laws 2017, ch. 174, § 2.
31‑5‑1112.  Tabulation and analysis of reports.
The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.
ARTICLE 12

OFFENSES, PENALTIES AND ENFORCEMENT

31‑5‑1201.  Violation of provisions to constitute misdemeanor; penalties.
(a)  It is a misdemeanor for any person to violate any of the provisions of this act or rules and regulations authorized under this act unless the violation is by this act or other law of this state declared to be a felony.
(b)  Every person convicted of a misdemeanor for a violation of any of the provisions of this act or rules and regulations authorized under this act for which another penalty is not provided shall:
(i)  For a first conviction be punished by a fine of not more than two hundred dollars ($200.00), by imprisonment for not more than twenty (20) days, or both;
(ii)  For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both;
(iii)  For a third or subsequent conviction of the same offense within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.
(c)  Evidence of a prior conviction or convictions under subsection (a) of this section shall not be introduced during the trial of any case, but shall be introduced only after the completion of the trial for the purpose of determining the penalty to be imposed upon a conviction hereunder.
(d)  Except as provided in subsection (g) of this section:
(i)  Every person convicted of a violation of W.S. 31‑5‑301(b)(vi), for speeds of eighty‑one (81) through eighty‑five (85) miles per hour, W.S. 31‑5‑301(b)(iii), for speeds of seventy‑six (76) through eighty (80) miles per hour, W.S. 31‑5‑301(b)(vii), for speeds of seventy‑one (71) through seventy‑five (75) miles per hour, or W.S. 31‑5‑301(b)(iv), for speeds of sixty‑six (66) through seventy (70) miles per hour, shall be fined five dollars ($5.00) for each mile per hour in excess of the legal speed limit not to exceed twenty‑five dollars ($25.00);
(ii)  Every person convicted of a violation of W.S. 31‑5‑301(b)(vii), for speeds above seventy‑five (75) miles per hour, or W.S. 31‑5‑301(b)(iv), for speeds above seventy (70) miles per hour, shall be fined twenty‑five dollars ($25.00) plus three dollars ($3.00) per mile for each mile per hour in excess of the legal speed limit with assessed court costs;
(iii)  Every person convicted of a violation of W.S. 31‑5‑301(b)(vi), for speeds above eighty‑five (85) miles per hour, or W.S. 31‑5‑301(b)(iii), for speeds above eighty (80) miles per hour, shall be fined at the discretion of the judge but not less than thirty‑five dollars ($35.00) nor more than the maximum penalties provided by subsection (b) of this section, with assessed court costs which shall also apply to a violation of W.S. 31‑5‑301(b)(vi) for speeds above eighty‑five (85) miles per hour or W.S. 31‑5‑301(b)(iii) for speeds above eighty (80) miles per hour;
(iv)  Convictions shall not be considered pursuant to W.S. 31‑7‑129(a)(i) for driver license suspensions for speeding violations of less than eighty (80) miles per hour where the posted speed limit is at least sixty-five (65) miles per hour or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except speeding violations in school zones, or construction zones;
(v)  Notwithstanding W.S. 5‑9‑107, court costs for violations of W.S. 31‑5‑301(b)(iii), (iv), (vi) or (vii) shall not be assessed for speeds up to five (5) miles per hour over the speed limits authorized by W.S. 31‑5‑301(b)(iii), (iv), (vi) or (vii).
(e)  Any person convicted of a violation of W.S. 31‑5‑507(a) or convicted of exceeding the posted speed limit in a school zone as provided in W.S. 31‑5‑301(b)(i) by more than ten (10) miles per hour shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Upon any subsequent conviction of either a violation of W.S. 31‑5‑507(a) or a conviction of exceeding the posted speed limit in a school zone as provided in W.S. 31-5-301(b)(i) by more than ten (10) miles per hour within one (1) year, a person shall be fined not less than four hundred dollars ($400.00) nor more than one thousand dollars ($1,000.00).
(f)  Any person convicted of violating W.S. 31‑5‑229 shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(g)  In addition to any other penalty, every person convicted of violating W.S. 31‑5‑301(b)(iii), (iv), (vi), (vii) or (c) or 31‑5‑302 by exceeding the posted speed limit by six (6) or more miles per hour, while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding thirty‑nine thousand (39,000) pounds shall be fined three hundred dollars ($300.00).

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