Article 1 definitions 31‑1‑101. Definitions


‑7‑115.  Issuance, description and contents



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31‑7‑115.  Issuance, description and contents.
(a)  Upon the satisfactory completion of any required examination, the division shall issue to every qualifying applicant a driver's license, and:
(i)  The license shall be tamperproof to the maximum extent practicable and may include security features as deemed appropriate by the department;
(ii)  The commercial driver's license and commercial learner's permit shall be marked "Commercial Driver's License" or "CDL";
(iii)  The driver's license shall include, but not be limited to, the following information:
(A)  The class or type of motor vehicle or vehicles which the person is authorized to drive together with any authorized endorsements or required restrictions;
(B)  The distinguishing number assigned to the licensee;
(C)  The full legal name, any identifying numbers or letters deemed appropriate, date of birth, principal residence address, height, weight and sex of the licensee. Unless otherwise required by federal law, the social security number of the person shall not be required on a driver's license;
(D)  A full facial digital color photograph of the licensee;
(E)  The space for identification as an anatomical organ donor as provided for in W.S. 31‑7‑139;
(F)  The licensee's usual signature. No license is valid until it has been signed by the licensee;
(G)  Date the license is issued;
(H)  Date the license expires;
(J)  Any other information required by the department to comply with applicable federal law;
(K)  At the option of the licensee pursuant to a signed application prepared by the department, a symbol that the designation of a person who could be contacted in the event of an emergency is on file with the department;
(M)  A veteran designation in the form of a printed "V" pursuant to W.S. 31‑7‑141.
(b)  Licenses issued to persons under twenty‑one (21) years of age shall bear distinctive markings indicating the licensee is under twenty‑one (21) years. After January 1, 1994, a license shall expire no later than when the licensee attains twenty‑one (21) years of age. The department shall notify the licensee at least ninety (90) days prior to his twenty‑first birthday of the expiration date of his license. A licensee may apply for a license within ninety (90) days of attaining the age of twenty‑one (21) years, payment of the proper fee and surrender of the original license.
(c)  Any permit issued in connection with a commercial learner's permit shall be issued on a separate document which shall comply with all security measures required by the department to comply with applicable federal law.
31‑7‑116.  Carrying and displaying.
Every licensee shall have his driver's license in his immediate possession at all times when driving a motor vehicle and shall display the license upon demand of any judicial officer, municipal court judge, any officer or agent of the division or any police officer as defined in W.S. 31‑5‑102(a)(xxxiii). However, no person charged with violating this section shall be convicted if he produces in court a driver's license previously issued to him and valid at the time of his arrest. For the purposes of this section "display" means the surrender of his license to the demanding officer. After examination the officer shall immediately return the license to the licensee except as provided in W.S. 31‑5‑1205(k).
31‑7‑117.  Restricted licenses.
(a)  Upon issuing a driver's license the division for good cause may impose restrictions suitable to the licensee's driving ability. The restrictions may require special mechanical control devices on any motor vehicle which the licensee may drive and any other restrictions upon the licensee the division determines to be necessary and reasonably likely to assure the safe driving of any motor vehicle by the licensee. The division may issue a restricted license to a person whose license has otherwise been suspended or revoked, as provided in article 4 of this chapter.
(b)  The division may issue a special restricted license or may state the restrictions on the license form.
(c)  The division may issue a restricted class "C" or "M" license, or both such licenses, to a person who is between the ages of fourteen (14) and sixteen (16) years upon receipt of application, payment of the proper fees, an affidavit of extreme inconvenience signed by the parent or guardian having custody of the applicant and a finding by the highway patrol that extreme inconvenience actually exists. The applicant shall successfully pass the examination required by W.S. 31‑7‑114. The licensee may drive a vehicle only between the hours of 5:00 a.m. and 8:00 p.m., within a fifty (50) mile radius of his domicile and only at the direction of his parent or guardian. If any person while licensed under this subsection, receives a citation for a moving violation, the division, upon receipt of the notice of conviction, shall suspend the license and any other license or permit evidencing that person's privilege to operate a motor vehicle. For purposes of this subsection "extreme inconvenience" includes the following circumstances:
(i)  The person must drive to school and the person's residence is more than five (5) miles from the school;
(ii)  The person has a regular job more than five (5) miles from the person's residence;
(iii)  The person must have the license to work in his parent's business; or
(iv)  Any other circumstance which the highway patrol finds is an extreme inconvenience.
(d)  Upon receiving satisfactory evidence of any violation of the restrictions of the license, the division may cancel, suspend or revoke the license but the licensee is entitled to a hearing under W.S. 31‑7‑105.
(e)  It is a misdemeanor to drive a motor vehicle in violation of the restrictions imposed in a restricted license issued pursuant to this section.
(f)  A person who is at least fifteen (15) years of age who holds a restricted class "C" license may drive beyond the hours and radius specified in subsection (c) of this section if the person is accompanied by a person who:
(i)  Is at least eighteen (18) years of age;
(ii)  Is licensed to drive as a driver for the type or class of vehicle being used;
(iii)  Is fit and capable of exercising control over the vehicle; and
(iv)  Is occupying a seat beside the driver.
(g)  Except as provided in subsection (f) of this section, any license issued pursuant to subsection (c) of this section shall only be used for the situation creating the extreme hardship and shall only be valid when accompanied by and used in conjunction with the statement restriction listing the circumstances of the extreme inconvenience. The statement of restrictions is to be issued by the department pursuant to the highway patrol's investigation. Drivers convicted of violating this subsection shall be subject to the provisions of subsections (d) and (e) of this section.
31‑7‑118.  Replacement license.
If a license issued under this act is lost, destroyed or if the licensee desires to withdraw or insert notice of anatomical organ donation, the person may obtain the appropriate replacement license upon payment of the proper fee and surrender of the original license, if available.
31‑7‑119.  Expiration and renewal; required tests; extension.
(a)  Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the license.
(b)  The division shall require every person applying for renewal of a driver's license to take and successfully pass a test of his eyesight. The division may require any applicant to take and successfully pass any additional tests or provide affidavits required or authorized under the original application as the division finds reasonably necessary to determine his qualification according to the type or class of license. The written test for a hazardous materials endorsement shall be taken and passed if the person wants to retain an "H" endorsement unless the applicant's written test results are less than two (2) years old.
(c)  Notwithstanding subsection (f) of this section, the division may defer the expiration of the license of a licensee who is on active duty in the armed forces of the United States for successive four (4) year periods, upon terms and conditions as it may prescribe. The division may similarly defer the expiration of the license of the spouse or dependent child of the person in the armed forces if residing with that person.
(d)  Except as provided in article 4 of this chapter, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a new license until the expiration of the period of revocation. Any person making false application for a new license before the expiration of the period of revocation is 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.
(e)  Notwithstanding subsection (a) of this section, the driver's license of any person who has not attained his twenty‑first birthday may be renewed within thirty (30) days prior to the date of his twenty‑first birthday upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section.
(f)  Once in any eight (8) year period, a driver's license may be extended for a four (4) year period without the examination required by subsection (b) of this section for a licensee:
(i)  Whose license has not been suspended or revoked in the four (4) years immediately preceding the date of license expiration;
(ii)  Who, according to affidavits required by the division indicates no medical impairment which might represent a hazard to public safety;
(iii)  Whose license is not restricted pursuant to W.S. 31‑7‑117(c);
(iv)  Who does not have a material change in any personally identifiable information that requires the applicant to present one (1) of the documents listed in W.S. 31‑7‑111(a).
(g)  The division shall send an application for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days prior to the license expiration date. The application shall be accompanied by written evidence that the applicant's visual acuity is 20/40 or better with or without corrective lenses, as tested within one (1) year prior to submitting the application. Upon receipt of a completed application and the fee prescribed by W.S. 31‑7‑113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension.
(h)  Repealed by Laws 2009, Ch. 35, § 2.
31‑7‑120.  Records to be kept by division; exceptions.
(a)  The division shall maintain a readily available file of and suitable indexes for:
(i)  All license applications denied with the reasons for denial noted thereon;
(ii)  All applications granted;
(iii)  Every licensee whose license has been suspended or revoked and the reasons for the action;
(iv)  All accident reports and abstracts of court records of convictions received under the laws of this state with suitable notations for each licensee showing the convictions of the licensee and the traffic accidents in which he has been involved.
(b)  Notwithstanding subsection (a) of this section the division shall twelve (12) months after conviction, expunge the record relating to the suspension of a driver's license of a minor pursuant to W.S. 31‑7‑128(f) for the violation of any law or ordinance relating to the possession or consumption of a controlled substance or alcohol, except a violation of W.S. 31‑5‑233. For any person whose records of a driver's license suspension were expunged under this subsection, the suspension under this subsection is deemed not to have occurred and the individual may reply accordingly upon any inquiry in the matter. Notwithstanding W.S. 31‑5‑1214, records of suspensions under W.S. 31‑7‑128(f) shall not be made available for public inspection except for inspection by any law enforcement officer or agency. Any driver's license suspension or related records under this subsection shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this section.
(c)  The division is authorized to provide personally identifiable information in its records to the secretary of state for the implementation of the voter registration system. The provision of information shall be for the purpose of verifying voter registration data. The division shall do so in accordance with terms agreed upon by the secretary and the director of the department.
(d)  The division is authorized to provide personally identifiable information in its records to the commissioner of social security for the purpose of having the applicable information matched with the information in the commissioner's records. The division shall do so in accordance with the Social Security Act, 42 U.S.C. 405(r), and the terms agreed upon by the commissioner of social security and the director of the department.
31‑7‑121.  Repealed By Laws 1997, ch. 5, § 1.
31‑7‑122.  Reexaminations.
(a)  The division, having good cause to believe that a licensed driver is unsafe or otherwise not qualified to be licensed, may upon written notice of not less than ten (10) days to the licensee require him to submit to an appropriate examination. Upon the conclusion of the examination, or the refusal of the person to timely complete the examination, the division shall:
(i)  Cancel or refuse to renew the person's license;
(ii)  Permit him to retain the license; or
(iii)  Issue him a license subject to restrictions as permitted under W.S. 31‑7‑117 or restrictions as to the type or class of vehicles that may be driven.
31‑7‑123.  Authority of division to cancel license or permit.
The division may cancel any driver's license, instruction permit or commercial learner's permit upon determining that the licensee or permittee was not entitled to the license or permit, that the licensee or permittee failed to give the required or correct information in his application, that the license or permit has been altered or upon receipt of a written statement from a licensed treating physician or optometrist stating that the licensee or permittee is not capable of safely operating a motor vehicle. The licensed treating physician or optometrist may request an examination by the division under W.S. 31‑7‑122.
31‑7‑124.  Suspension or revocation of privileges of nonresidents; reporting of convictions, suspensions and revocations by division.
(a)  The privilege of a nonresident to drive a motor vehicle on the highways of this state is subject to suspension or revocation by the division under this act.
(b)  The division, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, shall forward a certified copy of the record to the motor vehicle administrator of the state of the driver's residence and to the state issuing the license.
(c)  When a nonresident's operating privilege is suspended or revoked, the division shall forward a certified copy of the record of the action to the motor vehicle administrator of the state of the driver's residence and to the state issuing the license.
31‑7‑125.  Suspension or revocation upon notice of conviction in another state or in federal court.
The division shall suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or in a federal court of an offense which, if committed in this state, would be grounds for the suspension, revocation or disqualification of the license of a driver under W.S. 6‑2‑106, 31‑5‑233, 31‑7‑127, 31‑7‑128, 31‑7‑134 or 31‑7‑305 or upon receiving notice of a violation of a statute which, if committed in this state, would be grounds for suspension under the Motor Vehicle Safety-Responsibility Act. The division may suspend the license of any resident of the state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or federal court of an offense which, if committed in this state, would be grounds for the suspension of the license of a driver under W.S. 31‑7‑129.
31‑7‑126.  Reporting of convictions and failure to appear by courts.
Every court having jurisdiction under any statute of this state or a municipal ordinance adopted by local authority regulating the driving of motor vehicles, shall forward to the division within ten (10) working days from the date of conviction a record of the conviction of any person in the court for a violation of any of those laws or ordinances, other than those regulating standing or parking of a motor vehicle. The court shall also forward to the division a report of any violation by any person of a promise to appear in court as given to the arresting officer upon the issuance of a traffic citation and any failure to appear in court at the time specified by the court. Failure of a court to forward a record of conviction or violation under this section within the time specified in this section from the date of conviction or violation shall not affect the division's authority under this act.
31‑7‑127.  Mandatory revocation of license for certain violations.
(a)  The division shall revoke the license or nonresident operating privilege of any person, upon receipt of a record of conviction of the person of any of the following violations:
(i)  Any felony which is the direct result of the manner in which a motor vehicle is driven;
(ii)  A conviction under W.S. 31‑5‑233 or other law prohibiting driving while under the influence, if the person has been previously convicted two (2) or more times under W.S. 31‑5‑233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:
(A)  The date of the offense upon which the conviction is based; or
(B)  The date of the conviction at issue.
(iii)  A conviction under W.S. 31‑5‑229, a similar local ordinance or a similar statute or ordinance in another jurisdiction, if the person has been previously convicted two (2) or more times under W.S. 31‑5‑229, a similar local ordinance or a similar statute or ordinance in another jurisdiction within a five (5) year period preceding:
(A)  The date of the offense upon which the conviction is based; or
(B)  The date of the conviction at issue.
(iv)  Failure to stop and render aid when involved in a motor vehicle accident resulting in personal injury or death, as required by W.S. 31‑5‑1101, a similar local ordinance or a similar statute or ordinance in another jurisdiction;
(v)  Perjury or the making of a false affidavit or statement under oath to the division under any statute relating to the ownership or operation of motor vehicles;
(vi)  Conviction under W.S. 31‑7‑133(a)(v);
(vii)  Conviction under W.S. 6‑2‑106 or a similar statute in another jurisdiction.
(b)  The period of revocation for the violations in subsection (a) of this section is one (1) year except the period of revocation under paragraph (a)(ii) of this section is three (3) years.
(c)  Any person whose driver's license or nonresident operating privilege has been revoked shall, for a three (3) year period beginning on the date of revocation, file and maintain proof of financial responsibility as required in W.S. 31‑9‑401 through 31‑9‑414.
31‑7‑128.  Mandatory suspension of license or nonresident operating privilege for certain violations; suspension of registration.
(a)  The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's conviction under W.S. 31‑5‑229, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:
(i)  Ninety (90) days, for the first conviction;
(ii)  Six (6) months, if the person has been previously convicted once under W.S. 31‑5‑229, a similar ordinance or a similar statute or ordinance in another jurisdiction within the five (5) year period preceding:
(A)  The date of the offense upon which the conviction is based; or
(B)  The date of conviction at issue.
(b)  Upon receiving a record of a driver's conviction under W.S. 31‑5‑233 or other law prohibiting driving while under the influence, the division shall suspend the license or nonresident operating privilege for:
(i)  Ninety (90) days for the first conviction;
(ii)  One (1) year, if the person has been previously convicted once under W.S. 31‑5‑233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:
(A)  The date of the offense upon which the conviction is based; or
(B)  The date of the conviction at issue.
(c)  If a person has been convicted under W.S. 31‑5‑233 or other law prohibiting driving while under the influence at least once within the two (2) year period preceding the date of the most recent offense upon which a conviction under W.S. 31‑5‑233 or other law prohibiting driving while under the influence is based, the registration of the vehicle being driven if registered in this state to the convicted individual shall be suspended by the division for the period of the driver's license revocation or suspension. The division shall notify the county treasurer of the vehicle registration suspension. The county treasurer, during the period of registration suspension, shall not issue any new vehicle registrations to the convicted individual. Any peace officer may confiscate the license plate of a vehicle whose registration is solely in the name of the driver whose license has been suspended or revoked under state law.
(d)  Repealed By Laws 2013, Ch. 102, § 3.
(e)  Any person whose driver's license or nonresident operating privilege has been suspended shall, for a three (3) year period beginning on the date of suspension, file and maintain proof of financial responsibility as required in W.S. 31‑9‑401 through 31‑9‑414. The requirement for filing and maintaining proof of financial responsibility under this subsection does not apply to a suspension under subsection (f), (g) or (n) of this section.
(f)  Upon receiving a record of the conviction of a driver who is under nineteen (19) years of age for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol, the division shall suspend the license or nonresident operating privilege for:
(i)  Ninety (90) days for the first conviction;
(ii)  Six (6) months, if the person has been previously convicted within the preceding twelve (12) months for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol.
(g)  Upon receiving notice from the department of family services that a driver is in arrears in a child support obligation, the division shall withhold or suspend the license or any nonresident operating privileges of any driver as specified in the notice until the division receives notice from the department of family services that the driver has made full payment of his child support obligation in arrears or has entered into and is complying with a payment plan approved by the department of family services.
(h)  Upon receiving a record of a driver's violation of W.S. 31‑5‑234, the department shall suspend or deny the license or nonresident driving privileges as follows:
(i)  A person who has been issued a driver's license shall be suspended:
(A)  For a period of ninety (90) days for a first offense;
(B)  For a period of six (6) months if the person has previously violated W.S. 31‑5‑234 once, or has previously been convicted once under W.S. 31‑5‑233 or other law prohibiting driving while under the influence within two (2) years preceding:
(I)  The date of the offense upon which the conviction is based; or
(II)  The date of conviction.
(C)  Repealed By Laws 2002, Ch. 93, § 2.
(ii)  A person who has not been issued a driver's license shall not operate a vehicle and the department shall not issue the person a driver's license or learner's permit for the time specified in paragraph (h)(i) of this section.
(j)  The provisions of subsection (e) of this section do not apply to a denial or suspension under W.S. 31‑5‑234 if the denial or suspension is based solely on a violation of W.S. 31‑5‑234.
(k)  Records of convictions or license suspensions under subsection (h) of this section 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. Any records maintained by the department for suspensions under subsection (h) of this section shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the laws of Wyoming. Records under this subsection shall be maintained so that, upon inquiry by any member of the public who is not otherwise entitled to inspect a record maintained under this subsection, the records relating to the subject of the inquiry shall not display information with respect to a license suspension under subsection (h) of this section. Any driver's license suspension or related records under subsection (h) of this section shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a person or his parents affected by subsection (h) of this section.
(m)  Notwithstanding subsection (k) of this section, the department shall expunge the record relating to the suspension of a driver's license under subsection (h) of this section when the person under suspension attains twenty-one (21) years of age, unless the person's driver's license is under suspension at that time, in which case the record shall be expunged when the suspension terminates and the person has paid the reinstatement fee required under W.S. 31‑7‑113(e).
(n)  The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's second or subsequent conviction under W.S. 6‑3‑412, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:
(i)  Thirty (30) days, for the second conviction;
(ii)  Ninety (90) days for the third and each subsequent conviction.

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