Article 1 definitions 31‑1‑101. Definitions
‑7‑402. Issuance of ignition interlock restricted license; eligibility
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- 31‑7‑403. Suspension or revocation of ignition interlock license.
- 31‑7‑404. Driving without interlock device.
- 31‑7‑405. Repealed By Laws 2009, Ch. 160, § 2.
- 31‑8‑103. Expiration; records; new cards.
- 31‑8‑105. Prohibited acts; penalties.
- 31‑8‑201. Issuance of identification card by insurers; information.
- 31‑8‑202. Prohibited acts; penalty.
- 31‑8‑203. Verification of insurance; enforcement by insurance commissioner.
- 31‑9‑101. Short title. This act may be cited as the "Motor Vehicle Safety‑Responsibility Act". 31‑9‑102. Definitions.
- 31‑9‑103. Administration; administrative review.
- 31‑9‑104. Disclosure of driving record.
- 31‑9‑106. General penalties.
- 31‑9‑107. Government motor vehicles.
- 31‑9‑109. Uniformity of laws.
- 31‑9‑201. Repealed by Laws 1989, ch. 173, § 2. 31‑9‑202. Suspension of license and registration after accident report; exclusions and security requirements.
- 31‑9‑203. Exceptions to W.S. 31‑9‑202.
31‑7‑402. Issuance of ignition interlock restricted license; eligibility. (a) A person whose driver's license has been suspended pursuant to W.S. 31‑7‑128(b)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, and who has served at least forty-five (45) days of the suspension period shall apply to the department for an ignition interlock restricted license for the balance of the suspension period or other period required by law. (b) A person whose driver's license has been revoked pursuant to W.S. 31‑7‑127(a)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, and who has served at least forty-five (45) days of the suspension or revocation period shall apply to the department for an ignition interlock restricted license for the balance of the suspension or revocation period or other period required by law. (c) An ignition interlock restricted license issued pursuant to subsection (a) or (b) of this section shall entitle the licensee to drive upon the highways of this state during the period his previously issued license is otherwise suspended or revoked or for another period required by law, subject to the following conditions: (i) The licensee agrees in writing to the terms and conditions of this article; (ii) Ignition interlock devices shall be installed, at the licensee's expense, by a certified ignition interlock service provider on all motor vehicles the licensee will drive, whether such vehicles are owned by the licensee or not, except that a licensee may operate an employer's vehicle without an ignition interlock device installed during normal business activities and not used by the licensee for nonbusiness purposes; (iii) Repealed By Laws 2009, Ch. 160, § 2. (iv) Repealed By Laws 2009, Ch. 160, § 2. (v) The driver's license and driving record of any person issued an ignition interlock license shall clearly indicate that the licensee may only operate a motor vehicle equipped with a functioning ignition interlock device; (vi) An applicant for an ignition interlock restricted license shall file and maintain proof of financial responsibility as required by W.S. 31‑9‑401 through 31‑9‑414 for the period of the restricted license. (d) No restricted license may be issued under this article until the department has received a certificate of installation from a certified ignition interlock service provider for every vehicle on which the device must be installed for that licensee under this article. 31‑7‑403. Suspension or revocation of ignition interlock license. (a) Subject to the administrative hearing provisions of W.S. 31‑7‑105, the department shall suspend a person's ignition interlock restricted license when the department is notified that: (i) An ignition interlock device required by this article is no longer installed or functional, except as required for normal repair and maintenance; (ii) The licensee has failed to maintain proof of financial responsibility as required by this article. (b) A suspension pursuant to subsection (a) of this section shall remain in effect until the licensee provides written evidence that the violation causing the suspension has been cured. (c) Subject to the administrative hearing provisions of W.S. 31‑7‑105, the department may revoke a person's ignition interlock restricted license when the department is notified that: (i) The licensee has been convicted of any violation of W.S. 31‑7‑404 or 31‑5‑233; or (ii) The monthly reports from a licensee's ignition interlocking device data logger indicate that the licensee is habitually attempting to operate a vehicle while impaired. 31‑7‑404. Driving without interlock device. (a) No person licensed under this article shall drive any motor vehicle, without a functioning and certified ignition interlock device. (b) No person shall remove or otherwise circumvent an installed ignition interlock device nor blow or solicit another to blow into an ignition interlock device for the purpose of rendering an operable vehicle to a person whose driving privileges have been restricted under this article. (c) A person holding a restricted license under this article who violates subsection (a) or (b) of this section is guilty of a misdemeanor and shall: (i) For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation or suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00); (ii) For a second or subsequent violation of subsection (a) or (b) of this section during the same license period is guilty of a misdemeanor and shall be imprisoned for not less than thirty (30) days nor more than six (6) months and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00); (iii) Be considered to have been convicted under W.S. 31‑5‑233 for the purposes of the ignition interlock device requirements of W.S. 31‑5‑233(f)(ii) through (v). (d) A person violating subsection (b) of this section who is not the restricted licensee is guilty of a misdemeanor and shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than six (6) months, or both. Upon a subsequent violation of subsection (b) of this section, the violator shall no longer be eligible for an ignition interlock restricted license should that person ever apply and otherwise be eligible. (e) The courts of this state shall forward to the department a copy of the record pertaining to the disposition of any arrest or citation for a violation of subsection (a) or (b) of this section within ten (10) days after such record becomes available. (f) The provisions of subsection (b) of this section shall not apply to any person starting a vehicle when necessary in the interest of safety or for the repair of the device or vehicle nor shall they apply to any ignition interlock service provider while performing his duties as an ignition interlock service provider. 31‑7‑405. Repealed By Laws 2009, Ch. 160, § 2. CHAPTER 8 IDENTIFICATION CARDS ARTICLE 1 IN GENERAL 31‑8‑101. Issuance to residents by department; restrictions. (a) Any Wyoming resident may be issued an identification card by the department of transportation. The application shall state the registrant's full legal name, social security number, date of birth and any other identifying data the department may require and shall be signed and verified by the applicant. The identification card shall at the applicant's request indicate that the applicant is an anatomical organ donor as provided by W.S. 35‑5‑205. (b) The department shall not issue an identification card until documentary evidence of the applicant's age and identity has been verified using documents as provided by W.S. 31‑7‑111. 31‑8‑102. Contents. (a) The identification card shall resemble a Wyoming driver's license. It shall have: (i) A distinguishing number assigned to the registrant; (ii) His full legal name; (iii) His date of birth; (iv) His resident address; (v) A brief description including sex, height and weight; (vi) The registrant's full facial digital color photograph; (vii) The following: "State of Wyoming"‑"Identification Card No. ...."‑"This card is provided solely for the purpose of identification of the person described on the card"; (viii) As provided for in W.S. 31‑7‑139; and (ix) The registrant's usual signature unless the registrant is unable to make a signature. 31‑8‑103. Expiration; records; new cards. (a) Identification cards shall expire on the registrant's birthday in the eighth year following issuance of the identification card. The department shall keep records of data contained in identification cards. (b) If an identification card is lost, destroyed or mutilated, the person to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence as for an original identification card. (c) If any information contained in the identification card becomes inaccurate, or if it is desired to withdraw or insert notice of anatomical organ donation, the person to whom it was issued may obtain a new card upon: (i) Advising the department of his desire to withdraw or insert notice of an anatomical organ donation or furnishing proof of the inaccuracies to the department; (ii) Furnishing all documentary evidence necessary to verify any material change to information listed on the original identification card; and (iii) Surrendering the original identification card. (d) The division shall send an application for an identification card to the last known address of every eligible registrant within one hundred twenty (120) days prior to expiration of the registrant's identification card. Every identification card is renewable upon application and payment of the required fee. 31‑8‑104. Fees. Every applicant for an identification card shall pay ten dollars ($10.00) to the department. The state treasurer shall credit identification card fees to the highway fund. Identification cards issued as a result of the cancellation of a license under W.S. 31‑7‑122(a)(i) shall be issued without payment of any fee. 31‑8‑105. Prohibited acts; penalties. (a) No person shall: (i) Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card; (ii) Lend his identification card to any other person or knowingly permit its use by another; (iii) Display or represent any identification card not issued to him as being his card; (iv) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card; (v) Procure an identification card by false swearing, fraud or false statement of any kind or in any form. (b) Any person who violates any provision of subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both. ARTICLE 2 INSURANCE IDENTIFICATION CARDS 31‑8‑201. Issuance of identification card by insurers; information. (a) Each insurer issuing the insurance policy required by W.S. 31‑4‑103 shall at the same time issue for each vehicle insured under the policy the identification card required under this section or issue temporary evidence of insurance valid for up to sixty (60) days after issue and issue the identification card required under this section within sixty (60) days. The identification card or valid temporary evidence of insurance shall be carried in the vehicle at all times. Temporary evidence of insurance shall contain: (i) The name of the insurer; (ii) The name of the insured; (iii) A description of the vehicle including year, trade name and vehicle identification number. (b) The identification card shall be in a form prescribed by the department and shall contain at least the following information: (i) The name of the insurer; (ii) The name of the insured; (iii) The effective date of the coverage; and (iv) A description of the vehicle including year, trade name and vehicle identification number. (c) The identification card prescribed by this section may be carried by the insured in an electronic format if: (i) The insured and the insurer both agree to the issuance of the card in electronic format; and (ii) The electronic identification card contains the information required by this section. 31‑8‑202. Prohibited acts; penalty. (a) No person shall: (i) Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained card; (ii) Lend his identification card to another person for a fraudulent purpose; (iii) Display or represent any identification card not issued to him as being his card. (b) Any person who is convicted of violating this section, in addition to any other applicable penalty under W.S. 31‑4‑103, may be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both. 31‑8‑203. Verification of insurance; enforcement by insurance commissioner. (a) If the department has reason to believe a vehicle owner is not insured as required under W.S. 31‑4‑103, it may request an insurer to verify the existence of an automobile liability policy in a form approved by the department not later than twenty (20) days from the date the request is made. In addition, insurers shall cooperate with the department in establishing and maintaining the insurance verification system provided by W.S. 31‑4‑103(e), and shall provide access to motor vehicle insurance policy status information as provided in the department's rules and regulations. (b) The insurance commissioner may order insurers to comply with W.S. 31‑8‑201, rules and regulations promulgated by the department under W.S. 31‑8‑201 and this section. CHAPTER 9 MOTOR VEHICLE SAFETY RESPONSIBILITY ARTICLE 1 IN GENERAL 31‑9‑101. Short title. This act may be cited as the "Motor Vehicle Safety‑Responsibility Act". 31‑9‑102. Definitions. (a) As used in this act: (i) Repealed by Laws 1991, ch. 241, § 4. (ii) "Driver" means as defined by W.S. 31‑5‑102(a); (iii) "Division" means the division within the department of transportation charged with administration and enforcement of this act; (iv) "Judgment" means any judgment that is final without further appeal. The judgment shall have been rendered by a court of competent jurisdiction of any state or of the United States. The cause of action shall result from damages occurring from a motor vehicle accident and may relate to bodily injury or death of person, or to damage or to loss of property; (v) "License" means any driver's license, instruction permit or temporary license issued under the laws of this state pertaining to the licensing of drivers; (vi) "Motor vehicle" means as defined by W.S. 31‑5‑102(a); (vii) "Nonresident" means every person who is not a resident of this state; (viii) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this state; (ix) "Operator" means every person who is in actual physical control of a motor vehicle; (x) "Owner" means as defined by W.S. 31‑5‑102(a); (xi) "Proof of financial responsibility" means evidence of ability to respond in damages for liability, resulting from accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of 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, in the amount of 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 in the amount of twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident; (xii) "Registration" means registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles; (xiii) "State" means any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada; (xiv) "This act" means W.S. 31‑9‑101 through 31‑9‑415. 31‑9‑103. Administration; administrative review. (a) The administration of this act shall be exercised by the department of transportation which may prescribe forms and reasonable rules and regulations in conformity with this act. The administration of this act may be delegated by the department to the division. (b) W.S. 31‑7‑105 and 31‑7‑130 apply to all suspensions under this act. 31‑9‑104. Disclosure of driving record. The department shall adopt rules and regulations concerning disclosure of the driving record of any person subject to this act. 31‑9‑105. Return of license and registration to division. Any person whose license or registration is suspended under this act, or whose policy of insurance or bond, when required under this act, is cancelled or terminated, or who neglects to furnish other proof upon request of the division shall immediately return his license and registration to the division. If any person fails to return to the division the license or registration as required, the division shall direct any peace officer to confiscate and return the license or registration to the division. 31‑9‑106. General penalties. (a) Any person willfully failing to return a license or registration as required in W.S. 31‑9‑105, shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than thirty (30) days, or both. (b) Any person who forges or, without authority, signs any notice provided for under W.S. 31‑9‑202 that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any notice or evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than six (6) months, or both. (c) Any person who violates any provision of this act for which no penalty is otherwise provided shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than ninety (90) days, or both. 31‑9‑107. Government motor vehicles. This act does not apply with respect to any motor vehicle owned by the United States, this state or any political subdivision of this state. 31‑9‑108. Other lawful processes. Nothing in this act shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law. 31‑9‑109. Uniformity of laws. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. 31‑9‑110. Providing proof of financial responsibility. For purposes of this act, a person shall be considered to have provided and filed proof of financial responsibility whenever a search of the online insurance verification system or other verification system provides proof of financial responsibility. ARTICLE 2 ACCIDENT REPORT; SUSPENSION OF LICENSE AND REGISTRATIONS GENERALLY 31‑9‑201. Repealed by Laws 1989, ch. 173, § 2. 31‑9‑202. Suspension of license and registration after accident report; exclusions and security requirements. (a) Within thirty (30) days after receipt of an investigating officer's report of a motor vehicle accident within this state as required under W.S. 31‑5‑1106 through 31‑5‑1108 or after a demand for additional security under W.S. 31‑9‑207(b), the division shall with respect to each driver and motor vehicle involved in the accident, and except as provided in subsection (b) of this section, suspend: (i) The Wyoming driver's license of each driver of a motor vehicle required to be registered in this state; (ii) All Wyoming registrations of each owner whose motor vehicle is required to be registered in this state; (iii) The nonresident driving privilege of each driver of a motor vehicle required to be registered in this state; and (iv) The nonresident driving privilege of each owner of a motor vehicle required to be registered in this state. (b) The suspension in subsection (a) of this section shall be imposed unless the driver, the owner or both file proof of financial responsibility. (c) This section does not apply to: (i) An owner if the owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident; (ii) The driver, if not the owner of the motor vehicle, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him; (iii) The driver or owner whose liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or surety bond; (iv) Any person qualifying as a self‑insurer under W.S. 31‑9‑414; or (v) The owner or driver, if a personal surety bond is filed with the division in an amount required by the division under this act with at least two (2) individual sureties each owning real estate within the state, which real estate shall be scheduled in the bond to be approved by a judge of the district court. (d) No insurance policy or surety bond is effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if the motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond is not effective under this section unless the insurance company or surety company if not authorized to do business in this state executes a power of attorney authorizing the division to accept service on its behalf of notice or process in any action upon the policy or bond arising out of the accident. Every policy or bond shall be subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than 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, to a limit of not less than 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, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident. (e) Upon receipt of notice of the accident, the insurance company or surety company which issued the policy or bond shall furnish for filing with the division a written notice that the policy or bond was in effect at the time of the accident. This subsection does not apply to any person holding a motor carrier permit or certificate under W.S. 31‑18‑209 who furnishes proof of financial responsibility by filing a certificate of insurance under W.S. 31‑9‑402(a)(i) or a bond under W.S. 31‑9‑402(a)(ii) if the certificate or bond: (i) Is a continuing certificate or bond; (ii) Remains in full force and effect until cancelled; and (iii) May not be cancelled until notice in writing of the cancellation has been on file with the division for thirty (30) days. 31‑9‑203. Exceptions to W.S. 31‑9‑202. (a) The requirements as to security and suspension in W.S. 31‑9‑202 shall not apply: (i) To the driver or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner; (ii) To the driver or the owner of a motor vehicle legally parked at the time of the accident; (iii) To the owner of a motor vehicle if at the time of the accident the vehicle was being driven without his permission, express or implied, or was parked by a person who had been driving the motor vehicle without permission; (iv) If, prior to the date that the division would otherwise suspend license and registration or nonresident's operating privilege under W.S. 31‑9‑202, there shall be filed with the division satisfactory evidence that the person who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a warrant for confession of judgment, payable in installments as the parties have agreed, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident. 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