Article 1 definitions 31‑1‑101. Definitions


‑7‑106.  License required; limited to one license



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31‑7‑106.  License required; limited to one license.
(a)  No person, unless exempt under this act shall drive, steer or exercise any degree of physical control of any motor vehicle or a vehicle being towed by a motor vehicle upon a highway in this state unless the person has been issued a driver's license for the class and type and applicable endorsements valid for the motor vehicle being driven.
(b)  Repealed by Laws 1989, ch 176, § 3.
(c)  No person shall have more than one (1) valid driver's license at any time. A person shall surrender to the division all valid driver's licenses in his possession or any person who has been previously licensed in this or any other state who does not have in their possession the license previously issued in this or any other state shall complete an affidavit of "No License in Possession", before receiving a driver's license under this act.
(d)  The division shall:
(i)  Notify the issuing jurisdiction that the licensee is now licensed in Wyoming and, if requested by the issuing jurisdiction, return any surrendered license to the issuing jurisdiction together with information if the licensee is now licensed in Wyoming; or
(ii)  Send a copy of the affidavit of "No License in Possession" to the issuing jurisdiction together with information the licensee is now licensed in Wyoming.
(e)  The division shall issue a driver's license to each qualified applicant not later than sixty (60) days from the date of the completed application.
(f)  Any person licensed as a driver under this act may exercise the privilege upon all streets and highways in this state and shall not be required to obtain any other license from any county, municipal or local board, or any other body having authority to adopt local regulations.
31‑7‑107.  Persons exempted.
(a)  The following persons are exempt from the licensing requirement under this act:
(i)  Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business unless the employee is required by the United States government or any agency thereof to have a state driver's license;
(ii)  A nonresident who has in his immediate possession a valid license issued to him by the licensing authority in his place of residence;
(iii)  A nonresident on active duty in the armed forces of the United States who has a valid license issued by his state of residence and the nonresident's spouse or dependent son or daughter who has a valid license issued by the person's state of residence;
(iv)  Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States but only for a period of forty‑five (45) days from the date of his return to the United States;
(v)  A nonresident full-time student at the University of Wyoming, a Wyoming community college, a school licensed in this state offering post-secondary education or at a parochial, church or religious school as defined by W.S. 21‑4‑101(a)(iv) offering post secondary education, who has in his immediate possession a valid license issued to him by the licensing authority of his place of residence;
(vi)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(vii)  A resident possessing a valid driver's license issued by a member state of the Driver's License Compact, W.S. 31‑7‑201 and 31‑7‑202, provided:
(A)  A resident possessing a commercial driver's license shall only be exempt from the licensing requirement under this act for thirty (30) days; and
(B)  A resident possessing any other driver's license shall only be exempt from the licensing requirement under this act for one (1) year.
31‑7‑108.  Persons not to be licensed; investigation by the division.
(a)  No driver's license shall be issued to any person who is under the age of seventeen (17) years, except as provided in W.S. 31‑7‑110 and 31‑7‑117(c), or unless the person is at least sixteen (16) years of age and has held an intermediate permit pursuant to W.S. 31‑7‑110(g) or a similar permit from another jurisdiction for six (6) months and has completed a drivers education course approved by the appropriate school district, or taught by a person qualified as a driving instructor pursuant to W.S. 21‑2‑802(h), as evidenced by a passing grade or certificate.
(b)  The division shall not issue or renew any driver's license to any person:
(i)  Whose license or nonresident operating privilege is currently under suspension or revocation in this or any other state except as otherwise provided in this act;
(ii)  Who is an habitual user of alcohol or any controlled substance to a degree rendering him incapable of safely driving a motor vehicle;
(iii)  Who has previously been adjudged by a court of law to be mentally incompetent and who has not at the time of application been restored to competency by the methods provided by law;
(iv)  Who has failed to successfully pass an examination required by this act;
(v)  When the division has good cause from the examination administered to the person under W.S. 31‑7‑114 or 31‑7‑122 to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways;
(vi)  Who is in violation of the immigration laws of the United States;
(vii)  Repealed by Laws 2005, ch. 197, § 2.
(viii)  When the division has received a written statement from a licensed treating physician or optometrist stating the person 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.
(c)  The division shall not issue a new license to a person who has had his Wyoming license revoked or restore a person's revoked nonresident operating privilege until the division determines after investigation of the character, habits and driving ability of the person that the person has met the requirements adopted by the division by rule and demonstrated his ability to drive a motor vehicle safely and it is appropriate to restore the person's privilege to drive a motor vehicle.
(d)  Subject to W.S. 31‑7‑313, a commercial driver's license or commercial learner's permit shall not be issued to a person while the person is subject to a cancellation, revocation, suspension or disqualification from driving a commercial motor vehicle.
(e)  The division shall not issue, renew, upgrade or transfer a hazardous materials endorsement for a commercial driver's license to any person unless the Transportation Security Administration of the United States Department of Homeland Security has completed a security threat assessment of the person seeking the endorsement and determined that the person does not pose a security risk warranting denial of the endorsement.
31‑7‑109.  Classes of licenses.
(a)  Every driver's license issued by the division shall be classified by the class, type or endorsement of the vehicles the licensee may drive.
(b)  License classification, type or endorsement shall take into account the operational characteristics of the vehicles operated.
(c)  Qualifications of applicants may be determined by any test authorized by W.S. 31‑7‑114.
(d)  Licensing classification plan:
(i)  Repealed by Laws 2015, ch. 100, § 2.
(ii)  Repealed by Laws 2015, ch. 100, § 2.
(iii)  Class "C" consists of any single vehicle or combination of vehicles, except motorcycles, that does not require a commercial driver's license. Any person under the age of eighteen (18) is prohibited from operating a vehicle with a gross vehicle weight rating of twenty‑six thousand one (26,001) pounds or more;
(iv)  Class "I" indicates an instruction permit issued pursuant to W.S. 31‑7‑110(a) and (b);
(v)  Repealed by Laws 1989, ch. 176, §§ 2, 3.
(vi)  Class "M" consists of motorcycles which may be added to a license valid for any other class or may be issued as the only class on a license if the applicant is not licensed for any other classification;
(vii)  Class "I2" indicates an intermediate permit issued pursuant to W.S. 31‑7‑110(g).
(e)  Repealed by Laws 1989, ch. 176, §§ 2, 3.
(f)  Any person licensed to drive any class of vehicle pursuant to this section may also drive a moped, multipurpose vehicle or an off-road recreational vehicle as defined in W.S. 31‑1‑101(a)(xv)(K), upon public streets or highways pursuant to W.S. 31‑5‑124.
(g)  Repealed by Laws 1989, ch. 176, §§ 2, 3.
(h)  The following driver's license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver license:
(i)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(ii)  Repealed by Laws 2015, ch. 100, § 2.
(iii)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(iv)  Repealed by Laws 2015, ch. 100, § 2.
(v)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(vi)  Repealed by Laws 2015, ch. 100, § 2.
(vii)  "IIR" authorizes the operation of a vehicle equipped with an ignition interlock device as provided in article 4 of this chapter;
(viii)  "Z" authorizes the holder of a class C license under subsection (d) of this section to operate a vehicle or combination of vehicles which have a gross vehicle weight rating of thirty‑nine thousand one (39,001) pounds or more. An endorsement under this paragraph shall not be required for any driver exempted from licensing requirements of this article under W.S. 31‑7‑303 and shall be issued only if the driver held a class A or class B license under this article prior to July 1, 2015 or the driver, as required by rule and regulation of the department, has completed a written test and:
(A)  Has taken a skills test; or
(B)  Has submitted an affidavit of competency signed by a person currently licensed to operate a vehicle of this weight.
(j)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(k)  Any person licensed to drive any class of vehicle pursuant to this section may also drive an autocycle as defined in W.S. 31‑1‑101(a)(xv)(Q).
31‑7‑110.  Instruction and temporary driver's permits.
(a)  Any person who is at least fifteen (15) years of age may apply to the division for an instruction permit. The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a specified type or class of motor vehicle for a period of one (1) year when accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.
(b)  Any person at least fifteen (15) years of age may apply to the division for a motorcycle instruction permit. The division, after the applicant has successfully passed a written examination and a vision test may issue to the applicant an instruction permit which entitles the applicant to drive a motorcycle for a period of ninety (90) days without a passenger. If the applicant also passes a driving test, the division may issue an instruction permit which entitles the applicant to drive a motorcycle for a period of one (1) year, without a passenger. The motorcycle instruction permit for a person who is under seventeen (17) years of age shall be subject to restricted hours of operation as provided in W.S. 31‑7‑110(h)(ii)(B) through (E).
(c)  The division may issue a temporary driver's permit to an applicant for a driver's license permitting him to drive a specified type or class of motor vehicle while the division is completing its investigation and determination of the facts relative to the applicant's eligibility to receive a driver's license. The permit or receipt for application thereof must be in his immediate possession while driving a motor vehicle of the type for which the license is to be issued. The permit or receipt is invalid upon expiration or when the applicant's license has been issued. If for good cause the issuance of a license has been refused, any temporary permit becomes invalid and the division shall give notice to the permit holder who shall immediately return the temporary permit to the division.
(d)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(e)  Any person who holds a valid Wyoming classified driver's license and who is at least eighteen (18) years of age may apply to the division for a commercial learner's permit. The division may, after the person has successfully passed all required examination, other than the driving skills examination and paid the required fee, issue to the person a commercial learner's permit, which entitles the person to drive a commercial motor vehicle on a highway only when accompanied by a person who has a commercial driver's license valid for the type of vehicle driven and who occupies a seat beside the person for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner's permit may not be issued for a period to exceed one hundred eighty (180) days and only one (1) renewal may be granted for an additional period of one hundred eighty (180) days. Every person holding a commercial driver's license shall obtain a commercial learner's permit prior to upgrading their commercial driver's license to a higher class type, adding an endorsement or removing a restriction which requires a skills test.
(f)  Any person who is at least fourteen (14) years of age and who has applied and been approved for a restricted license under W.S. 31‑7‑117(c), shall apply to the division for an instruction permit. The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a class "C" motor vehicle for a period of sixty (60) days when accompanied by a person at least eighteen (18) years of age who holds a valid class "C" driver's license, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.
(g)  Any person, who is at least sixteen (16) years of age and has held an instruction permit pursuant to subsection (a) or (f) of this section, or in the case of an applicant for an intermediate motorcycle permit an instruction permit pursuant to subsection (b) of this section, or a similar permit from another jurisdiction and has completed practice driving of at least fifty (50) actual driving hours, including at least ten (10) hours of night driving, may apply to the division for an intermediate permit that entitles the applicant to drive a specified type or class of motor vehicle. No permit may be issued unless a parent or guardian certifies the applicant has completed the practice driving requirements.
(h)  A person operating a motor vehicle, other than a motorcycle, with an intermediate permit:
(i)  May not transport more than one (1) passenger under the age of eighteen (18) who is not a member of the permittee's immediate family unless accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used and provided that all occupants of the vehicle are in seats equipped with and are using proper safety belts;
(ii)  Shall only be upon a public highway between the hours of 5:00 a.m. and 11:00 p.m. unless:
(A)  Accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used;
(B)  Required by medical necessity as evidenced by a signed statement from medical personnel;
(C)  Driving to or from work as evidenced by a signed statement from the permittee's employer;
(D)  Driving to or from school, a school activity, an organized youth sports activity or a religious activity as evidenced by a signed statement of a parent or guardian; or
(E)  Required due to a medical emergency.
(j)  A person with an intermediate motorcycle permit shall not operate the motorcycle with any passenger and shall be subject to the restrictions provided in subparagraph (h)(ii)(B) through (E) of this section.
(k)  The division shall suspend for a period of thirty (30) days the intermediate operating permit of any person violating any provision of subsection (h) or (j) of this section. Records of convictions or license suspensions under this subsection 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 administration of this subsection 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 provisions of this section. 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 subsection.
(m)  Subsections (a) and (f), paragraph (h)(i) and subparagraph (h)(ii)(A) of this section do not apply to motorcycle instruction permits.
(n)  No motor vehicle shall be halted solely for a violation of subsection (h) or (j) of this section.
31‑7‑111.  Application for license or permit generally.
(a)  Every application for an instruction permit, driver's license, commercial driver's license or commercial learner's permit shall be made upon a form furnished by the division. Every application shall be accompanied by the proper fee, proof of residence and proof of identity. Proof of identity shall be established by a certified copy of the applicant's birth certificate, valid unexpired United States passport, consular report of birth abroad, certificate of citizenship, certificate of naturalization, permanent resident card, employment authorization document, foreign passport (with United States visa affixed and accompanied by an approved document documenting the applicant's most recent admittance to the United States), state issued driver's license or identification card which complies with federal law and applicable regulations, or other document required by the division to establish identity where reasons beyond the applicant's control prevent the applicant from presenting the documents required by this subsection.
(b)  The application shall include:
(i)  The full legal name and current mailing and residential address of the person;
(ii)  A physical description of the person including sex, height and weight;
(iii)  Date of birth;
(iv)  The person's social security number or other numbers or letters deemed appropriate on applications for instruction permits, driver's licenses, commercial driver's licenses and commercial learner's permits;
(v)  The person's signature;
(vi)  Whether the applicant has previously been licensed as a driver specifying the state or country;
(vii)  Information including dates, if any license or application has been refused, suspended, revoked or canceled;
(viii)  An organ donor notation pursuant to W.S. 35‑5‑205;
(ix)  A consent to release driving record information for persons applying for a commercial driver's license only;
(x)  Any other information or documentation required by the department to validate information or identity;
(xi)  A signed declaration indicating that the information provided is true and correct under the penalty of perjury;
(xii)  Certification by the Wyoming veterans' commission that the applicant is an honorably discharged veteran of the armed forces of the United States, if the applicant wishes to have a veteran designation pursuant to W.S. 31‑7‑141.
(c)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(d)  Whenever application is received from a person previously licensed in another jurisdiction, the division shall request a copy of the driver's record from the other jurisdiction. When received, a driving record shall become a part of the driver's record in this state.
(e)  Whenever the division receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge.
(f)  No person shall be issued a driver's license within ten (10) days of issuance of an instruction or temporary driver's permit for the same vehicle class. A commercial driver's license issued after a commercial learner's permit shall be subject to the time restrictions stated in W.S. 31‑7‑304(g).
(g)  The department may modify the requirements of subsection (b) of this section by properly adopted rule or regulation for driver's license or identification card applications received from federal, state or local criminal justice agencies, or other similarly situated persons, where applicable law or regulation requires that limited information be provided.
31‑7‑112.  Application for license or permit of persons under 18.
The application of any person under the age of eighteen (18) years for an instruction permit or driver's license shall be signed by a parent or guardian having custody of the applicant. If there is no parent or guardian the application may be signed by the circuit court judge of the applicant's county of residence upon petition to the court and upon a finding by the court that the applicant is sufficiently mature to handle the responsibilities of driving a motor vehicle.
31‑7‑113.  Fees.
(a)  The following fees are imposed:
(i)  Driver's license $40.00
(ii)  Instruction permit $40.00
(iii)  Restricted license under W.S. 31‑7‑117(c)
$20.00
(iv)  Duplicate or renewal $30.00
(v)  Extension or renewal $30.00
(vi)  Commercial driver's license $50.00
(vii)  Commercial learner's permit $40.00
(viii)  Commercial license renewal or duplicate
$40.00
(ix)  Commercial driver's license skills test conducted by the department 80.00
(x)  Initial or renewal of class "M" designation
6.00
(xi)  Intermediate permit 30.00
(b)  Except as provided in paragraph (a)(x) of this section, if the driver's license is issued for more than one (1) class, type or endorsement at the time of issuance there shall be no additional fee.
(c)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(d)  If a driver's license with limited driving privileges is granted pursuant to W.S. 31‑7‑105(f), the fee shall be fifty dollars ($50.00).
(e)  Notwithstanding W.S. 31‑7‑131(c), if a driver's license is reinstated after a period of suspension or revocation, the fee for the reinstatement shall be fifty dollars ($50.00) unless the final decision by the hearing examiner, or a court reverses the action taken by the department. If a driver's license is reinstated after suspension for nonpayment of child support pursuant to W.S. 20‑6‑111 or 20‑6‑112, the fee for reinstatement shall be not more than five dollars ($5.00).
(f)  Notwithstanding W.S. 31‑7‑115(b), any licensee on active duty in the armed forces of the United States who is stationed outside the state of Wyoming, or his spouse or dependent child who has a valid driver's license issued under this chapter, may obtain a license with an updated photograph and the same expiration date of the current license without payment of any fee, unless renewing under W.S. 31‑7‑119, if:
(i)  While outside the state, the person surrenders the current license; or
(ii)  While in the state, the person surrenders the current license and has his photograph taken by the division.
31‑7‑114.  Examinations.
(a)  The division shall examine every applicant for a driver's license and instructional permit. The examination shall include a test of the applicant's eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices, the traffic laws of the state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles to be driven.
(b)  The division may waive the knowledge and driving test of any person applying for a renewal license under this act.
(c)  The division shall offer an examination within each calendar month in each county.
(d)  Repealed by Laws 1993, ch. 145, §§ 2, 5.
(e)  No person may be issued a commercial driver's license or commercial learner's permit unless the person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle as prescribed by rules and regulations of the department which shall at a minimum include the standards established by the secretary of the United States department of transportation. Except as provided in subsections (f) and (g) of this section, the tests shall be prescribed and conducted by the department. The written test for a hazardous materials endorsement shall be taken and passed if the person seeks to retain the "H" endorsement authorized under W.S. 31‑7‑304(a)(ii)(A).
(f)  The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of local government including fire departments to administer the skills test specified by subsection (a) of this section, provided:
(i)  The test is the same which the department would administer;
(ii)  The third party enters into an agreement with the department which complies with rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation;
(iii)  A third party tester who is not a division of the state is bonded in an amount and as required by rules adopted by the department;
(iv)  Fingerprints and other necessary information is provided by, and a federal bureau of investigation's criminal background check is conducted on, every person conducting skills testing on and after January 1, 2014 and on an annual basis thereafter;
(v)  No skills test is conducted on a student or graduate of a commercial vehicle training school by any commercial vehicle training school examiner who provided instruction to the student or graduate; and
(vi)  Every person conducting a skills test shall conduct no less than ten (10) skills tests per year. Any skills tester who performs less than ten (10) tests per year shall be subject to recertification pursuant to rules adopted by the department.
(g)  The department may waive the skills test specified in subsection (e) of this section for a commercial driver license applicant who meets the requirements contained in rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation.

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