Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - DEFINITIONS
31-1-101. Definitions.
(a) Except as otherwise provided, as used in this act:
(i) "Commercial vehicle" means any vehicle or vehiclecombination used, designed or maintained for transportation of persons forhire, compensation or profit, or designed or used primarily for thetransportation of property for gain or profit and shall include, but not belimited to:
(A) A power unit having two (2) axles and a gross vehicleweight or registered gross vehicle weight exceeding twenty-six thousand(26,000) pounds;
(B) A power unit having three (3) or more axles regardless ofweight; or
(C) Is used in combination when the weight of such combinationexceeds twenty-six thousand (26,000) pounds of gross vehicle weight.
(ii) Repealed by Laws 1991, ch. 241, 4.
(iii) "Dealer" means a person regularly engaged in thebusiness of having in his possession vehicles for sale or trade, or for use andoperation for purposes pursuant to the business;
(iv) "Department" means the department oftransportation;
(v) "Factory price" means the manufacturer'ssuggested retail price of the make, model and trim level of a vehicle, whennew, but excludes federal excise taxes, the cost of transportation from theplace of manufacture to the place of sale to the first user. The factory priceshall be determined from any current, nationally recognized price guide;
(vi) "Fleet" means one (1) or more commercial vehicleseach of which actually travels a portion of its total miles in Wyoming asdesignated by the department;
(vii) "Gross vehicle weight" means the total weight ofa vehicle or vehicle combination including the unladen weight of the vehicle orvehicle combination plus the maximum legal declared weight of the load to becarried in or on the vehicle or vehicle combination;
(viii) "Highway" means the entire width between the boundarylines of every way publicly maintained or if not publicly maintained, dedicatedto public use when any part is open to the use of the public for purposes ofvehicular travel;
(ix) "Identifying number" means the vehicleidentification numbers and letters if any assigned by the manufacturer or bythe department for the purpose of identifying a vehicle. The term shallinclude any numbers or letters assigned by the manufacturer for the purpose ofidentifying a part of a vehicle and any number placed on a part in accordancewith this act or regulations of the commission for the purpose of identifyingit;
(x) "Implement of husbandry" means sheep wagons,portable livestock loading chutes and every vehicle designed and usedexclusively for agricultural operations and only incidentally operated or movedupon the highways but includes any trailer only when being towed by a farmtractor;
(xi) "Interstate" means the transportation of personsor property between Wyoming and any other jurisdiction;
(xii) "Intrastate" means the transportation of personsor property between points within Wyoming;
(xiii) "Jurisdiction" means the states, districts,territories or possessions of the United States, a foreign country and a stateor province of a foreign country;
(xiv) "Legal owner" means all persons in whose name avalid certificate of title has been issued;
(xv) "Motor vehicle" means every vehicle which isself-propelled except vehicles moved solely by human power or motorizedskateboards. The term includes the following vehicles as hereafter defined:
(A) "Antique" means any motor vehicle which is atleast twenty-five (25) years old and owned solely as a collectors item;
(B) "Bus" means a motor vehicle designed to carrymore than ten (10) passengers and primarily used to transport persons forcompensation;
(C) "Moped" means a vehicle equipped with two (2) orthree (3) wheels, foot pedals to permit muscular propulsion by human power, anautomatic transmission and a motor with cylinder capacity not exceeding fifty(50) cubic centimeters producing no more than two (2) brake horsepower, whichmotor is capable of propelling the vehicle at a maximum speed of no more thanthirty (30) miles per hour on a level road surface;
(D) "Motor home" means a motor vehicle designed,constructed and equipped as a dwelling place, living abode or sleeping placeeither permanently or temporarily, but excluding a motor vehicle carrying acamper;
(E) "Motorcycle" means every motor vehicle having aseat or saddle for the use of the rider and designed to travel on not more thanthree (3) wheels in contact with the ground but which may have attached theretoa sidecar for the purpose of transporting a single passenger. For the purposeof registration and titling "motorcycle" includes motorized bicyclesand scooters, but excludes mopeds, motorized skateboards, multipurpose vehiclesand off-road recreational vehicles as defined in subparagraph (K) of thisparagraph;
(I) Repealed by Laws 2007, Ch. 34, 2.
(II) Repealed by Laws 2007, Ch. 34, 2.
(F) "Passenger car" means a motor vehicle designed tocarry ten (10) persons or less and primarily used to transport persons,including ambulances and hearses but excluding motorcycles, motor homes,multipurpose vehicles, trucks and school buses;
(G) "Pedestrian vehicle" means any self-propelledconveyance designed, manufactured and intended for the exclusive use of personswith a physical disability, but in no case shall a pedestrian vehicle:
(I) Exceed forty-eight (48) inches in width.
(II) and (III) Repealed by Laws 1989, ch. 155, 2.
(H) "School bus" means a motor vehicle that is ownedby or leased to or registered to a public school district and is used totransport children to or from school or in connection with school activitiesand is designed for and capable of carrying twelve (12) or more passengers, butnot including buses operated by common carriers in transportation of schoolchildren or buses owned by a community college or the University of Wyoming;
(J) "Truck" means a motor vehicle designed, used ormaintained for the transportation of property, including pickup trucks butexcluding multipurpose vehicles and passenger cars;
(K) "Off-road recreational vehicle" means:
(I) A recreational vehicle primarily designed for off-road usewhich is fifty (50) inches or less in width, has an unladen weight of ninehundred (900) pounds or less and is designed to be ridden astride upon a seator saddle and to travel on at least three (3) low pressure tires. A "lowpressure tire" is a pneumatic tire at least six (6) inches in width,designed for use on wheels with a rim diameter of twelve (12) inches or lessand having a manufacturer's recommended operating pressure of ten (10) poundsper square inch or less;
(II) Any unlicensed motorcycle which has an unladen weight ofsix hundred (600) pounds or less and is designed to be ridden off road with theoperator astride upon a seat or saddle and travels on two (2) tires; and
(III) Any multi-wheeled motorized vehicle not required by law tobe licensed and is designed for cross-country travel on or over land, sand,snow, ice or other natural terrain and which has an unladen weight of more thannine hundred (900) pounds.
(M) "Multipurpose vehicle" means a motor vehicle thatis designed to travel on at least four (4) wheels in contact with the ground,has an unladen weight of at least three hundred (300) pounds but less thanthree thousand (3,000) pounds, has a permanent upright seat or saddle for thedriver which is mounted at least twenty-four (24) inches from the ground andhas an identifying number. "Multipurpose vehicle" includes off-roadrecreational vehicles, electric powered vehicles, golf carts when being usedother than as provided in W.S. 31-5-102(a)(lxi)(E) and any motor vehiclemeeting the criteria of this subparagraph and not otherwise defined in thissection;
(N) "Street rod" means a motor vehicle that:
(I) Is a 1948 or older vehicle, or the vehicle was manufacturedafter 1948 to resemble a vehicle manufactured before 1949; and
(II) Has been altered from the manufacturer's original design,or has a body constructed from nonoriginal materials.
(O) "Custom vehicle" means any motor vehicle that:
(I) Is at least twenty-five (25) years old and of a model yearafter 1948, or was manufactured to resemble a vehicle at least twenty-five (25)years old and of a model year after 1948; and
(II) Has been altered from the manufacturer's original design,or has a body constructed from nonoriginal materials.
(P) "Pickup truck" means any motor vehicle, excluding multipurpose vehicles andpassenger cars, designed, used or maintained for the transportation of propertywith an attached open cargo box directly behind the passenger compartment anddesigned to be equipped with a tailgate which can be lowered or opened to loador unload property or cargo.
(xvi) "Nonresident" means a person not a resident;
(xvii) "Odometer" means an instrument for measuring andrecording the actual distance a motor vehicle travels while in operation, otherthan any auxiliary odometer designed to be reset by the operator of the motorvehicle for the purpose of recording mileage on trips;
(xviii) "Owner" means:
(A) The legal owner as defined by W.S. 31-1-101(a)(xiv); or
(B) A person, other than a lienholder, who leases a vehicle andis entitled to lawful use and possession of a vehicle subject to a securityinterest in another person but excluding a lessee under a lease not intended assecurity.
(xix) "Physical disability" means any bodily impairmentwhich precludes a person from walking or otherwise moving about easily as apedestrian;
(xx) "Rental vehicle" means a vehicle which is rentedor offered for rental without a driver for a period of thirty-one (31) days orless;
(xxi) "Resident" for the purposes of this act andunless otherwise exempt, means any one (1) of the following:
(A) Any person, except a full-time student at the University ofWyoming or a Wyoming community college or a daily commuter from another jurisdictionwhich exempts vehicles of daily commuters from Wyoming from registration undera reciprocity agreement, who is gainfully employed or engages in any trade,profession or occupation within this state and owns, leases or rents a place ofresidence or otherwise lives within Wyoming for the purpose of employment or,regardless of domicile or any other circumstance, remains in the jurisdictionfor a period of one hundred twenty (120) days or more; or
(B) Any person immediately upon filing a homestead or militarytax exemption on property in this state; or
(C) Any person, partnership, company, firm, corporation orassociation which maintains a main or branch office or warehouse facilitywithin Wyoming or which bases and operates motor vehicles in Wyoming; or
(D) Any individual, partnership, company, firm, corporation orassociation which operates motor vehicles in intrastate haulage in Wyoming; or
(E) Any person, immediately upon the date of registering tovote in Wyoming; or
(F) Any person, immediately upon the date of application forpublic assistance from this state; or
(G) Any person, immediately upon purchasing or holding a validWyoming resident hunting or fishing license.
(xxii) "This act" means W.S. 31-1-101 through 31-4-104;
(xxiii) "Trailer" means a vehicle without propellingpower designed to be drawn by a motor vehicle, but excludes converter gear,dollies and connecting mechanisms. The term includes the following vehicles ashereafter defined:
(A) "House trailer" means every trailer which is:
(I) Designed, constructed and equipped as a dwelling place,living abode or sleeping place, either permanently or temporarily;
(II) Equipped for use as a conveyance on streets and highways;and
(III) Eight and one-half (8 1/2) feet or less in width, excludingappurtenances, or more than eight and one-half (8 1/2) feet in width and usedprimarily as a mobile laboratory or mobile office.
(B) "Semitrailer" means a trailer so designed andused in conjunction with a motor vehicle that some part of its weight and thatof its load rests upon or is carried by another vehicle, but excludes convertergear, dollies and connecting mechanisms;
(C) "Utility trailer" means any trailer less than sixthousand (6,000) pounds gross vehicle weight.
(xxiv) "Transportable home" means and includes thefollowing as defined:
(A) "Modular home" means a residential dwellingconstructed in a factory to a residential construction code other than theFederal Manufactured Home Construction and Safety Standards;
(B) "Prebuilt home" means any residential dwellingthat is wholly, or in substantial part, made, fabricated, formed or assembledin manufacturing facilities for installation or assembly on a building site. Prebuilt home shall include, but not be limited to, a manufactured home,modular home and mobile home; or
(C) "Manufactured home" means a residential dwellingbuilt in accordance with the Federal Manufactured Home Construction and SafetyStandards which is a unit more than eight and one-half (8 1/2) feet in widthwhich is designed, constructed and equipped as a dwelling place, living abodeor place of business to which wheels may be attached for movement upon streetsand highways except a unit used primarily as a mobile laboratory or mobileoffice.
(xxv) "Unladen weight" means the actual weight of avehicle including the cab, body and all accessories with which the vehicle isequipped for normal use on the highways excluding the weight of any load. Theunladen weight of vehicles mounted with machinery or equipment not normallydesigned for the vehicle and not used for the transportation of property otherthan the machinery or equipment is three-fourths (3/4) of the gross weight ofthe vehicle;
(xxvi) "Vehicle" means a device in, upon or by which anyperson or property may be transported or drawn upon a highway, excludingdevices moved by human power or used exclusively upon rails or tracks,implements of husbandry, machinery used in construction work not mainly usedfor the transportation of property over highways and pedestrian vehicles whileoperated by a person who by reason of a physical disability is otherwise unableto move about as a pedestrian;
(xxvii) "Vehicle identification number or VIN" means thenumbers and letters, if any, designated by the department for the purpose ofidentifying the vehicle or the unique identifier assigned to each vehicle bythe manufacturer pursuant to regulations;
(xxviii) "U-Drive-It vehicle" means a vehicle which isrented or offered for rental without a driver for a period of thirty-one (31)days or less, including consumer rental trucks and trailers used to transportpersonal property and effects, but not including:
(A) Trucks and trailers used to transport commercial freight;
(B) Trailers rented from an agency that does not also offermotor vehicles for rental.
(xxix) "Motorized skateboard" means a self-propelleddevice which has a motor or engine, a deck on which a person may ride and atleast two (2) wheels in contact with the ground and which is not otherwisedefined in this act as a "motor vehicle", "motorcycle","motor-driven cycle" or "pedestrian vehicle".
(xxx) "Annual registration month" means:
(A) For a vehicle currently registered in this state, the monthin which the registration expires;
(B) For a newly acquired vehicle, the month of acquisition;
(C) For any other vehicle, the month in which the vehicle wasinitially required to be registered in this state;
(D) For dealer demo, full use and manufacturer license plates,the month in which the dealer's certificate was issued.
(xxxi) "Full-time student" means, for the purpose ofthis act: a person who attends the University of Wyoming, community college orany school licensed in this state offering post secondary education on afull-time basis, as defined by the University of Wyoming, community college orany other post secondary school licensed in this state;
(xxxii) "Special equipment" includes any equipment notincluded in the manufacturer's suggested retail price and not required for theoperation of a vehicle upon a highway, but that is attached to the vehicle`during the period for which registration is issued and used for a business orother purpose.
ARTICLE 2 - ADMINISTRATION
31-1-201. General administrative procedures.
(a) The department shall provide for the administration andenforcement of this act by its divisions. The department has supervisoryjurisdiction over the levy and collection of fees and taxes levied by this actand shall promulgate rules and regulations consistent with the provisionshereof as provided by the Wyoming Administrative Procedure Act necessary to theenforcement of the fee and taxation provisions of this act.
(b) The department shall adopt a seal for the use of thedepartment or any division designated to enforce this act. The department andsuch employees of the department as it may designate shall prepare under theseal of the department or division and deliver upon request a certified copy ofany public record of the department and may charge a reasonable fee therefor tobe credited to the state general fund.
(c) Officers and employees of the department designated by thedepartment, county clerks and treasurers and their deputies and employees mayadminister oaths without fee for the purposes of this act.
(d) The department shall prescribe and provide suitable formsof applications, registration cards and all other forms necessary to carry outthe provisions of this act subject to the requirements of this act and shallpromulgate rules and regulations consistent with the provisions hereof asprovided by the Wyoming Administrative Procedure Act necessary to theenforcement of the fee and taxation provisions of this act. The departmentshall promulgate rules and regulations permitting any person aggrieved by anyfinal administrative decision of the department including the payment of anyfees and taxes to appeal to the office of administrative hearings pursuant toW.S. 9-2-2202. The department shall provide, at cost, suitable certificate oftitle forms to county clerks.
(e) The department, county clerks and treasurers shall examineand determine the genuineness, regularity and legality of every applicationsubmitted to them, may make such investigations of applications as may bedeemed necessary or require additional information, and may reject anyapplication if not satisfied of the genuineness, regularity, or legalitythereof or the truth of any statement contained therein, or for any otherreason when authorized by law.
(f) The department may revoke any vehicle registration,certificate of title, or other authorization when the holder thereof commitsfraud or knowingly provides false information on any application or in anyprocess to obtain vehicle registration, certificate of title or otherauthorization, or is not entitled thereto or for violation of this actfollowing notice and hearing pursuant to the Wyoming Administrative ProcedureAct. Following revocation any peace officer, department investigator or specialenforcement officer designated by the director to do so upon request by thedepartment shall seize and take possession of the registration card,certificate of title, dealer's certificate, license plates or authorization andreturn the items to the department within five (5) business days.
(g) Repealed by Laws 2009, Ch. 16, 4.
31-1-202. Records.
(a) County treasurers shall keep and maintain a permanentrecord of vehicle registrations. All applications and records other than therecord of vehicle registrations may be destroyed by the treasurer after two (2)years from December 31 of each year.
(b) County clerks shall keep and maintain a record in which allcertificates of title shall be recorded at the time of issue and which is opento inspection by the public during reasonable office hours.
(c) Within three (3) business days after issuance of a vehicleregistration or certificate of title, county treasurers and county clerks shallforward a record thereof to the department. County treasurers shall notify thedepartment and sheriff of his county of loss or mutilation of license plates.
(d) The department shall maintain records of vehicleregistrations from all counties indexed by distinctive vehicle numbers assignedby the department, the name of the registered owner and vehicle identificationnumbers. The department shall maintain a record of all vehicle certificates oftitle from all counties. Records are public and open to inspection by thepublic during reasonable office hours. The department shall maintain a vehicleidentification number index of all vehicles for which certificates of titlehave been issued. Upon receipt of a notice of issuance of a certificate oftitle from any county clerk the department may destroy all records relating toformer transfers of title to the vehicle and shall retain only the notice ofissuance of the certificate of title in effect at any time. The department mayannually compile and publish a list of all registered vehicles and supplementsthereto which shall be furnished to Wyoming peace officers and the Wyomingoffice of homeland security without charge.
(e) Records under this section shall be available to the publicpursuant to current federal and state laws relative to the release of privateinformation. Nothing in this section shall supersede federal law.
31-1-203. Special enforcement officers; summons and notice to appearfor violations; deposit for appearance; disposition of deposit.
(a) The department shall designate certain employees as specialofficers for the purpose of enforcing the provisions of motor vehicle laws andregulations.
(b) Employees designated under subsection (a) of this sectionmay issue summons for violations of W.S. 31-4-101, 31-7-106, 31-7-133,31-18-101 through 31-18-603, 31-18-701, 31-18-801 through 31-18-808 and39-17-208.
(c) The employees designated under subsection (a) of thissection upon issuing a summons shall deliver to the offender a notice to appearwhich shall describe the nature of the offense, with instructions for theoffender to report to the nearest circuit court designated in the notice. Theemployee may accept a deposit for appearance. The court coordinator shallestablish a uniform deposit for appearance schedule for each violation of thestatutes set forth in subsection (b) of this section. If the employee accepts adeposit for appearance from the offender, he shall give a signed, numberedreceipt for the amount received and shall write the receipt number on thenotice to appear. The employee shall deliver the deposit and a copy of thenotice to appear to the circuit court before whom the offender is to appear andthe circuit court judge shall give a receipt to the employee for the amount ofthe deposit. The circuit court shall assume jurisdiction after filing of acomplaint and appearance by the offender. If the offender fails to appear atthe appointed time the deposit for appearance may be forfeited by order of thecourt and paid into the public school fund of the county.
(d) The department may enter into mutual aid agreements withadjoining states to provide for the construction and joint operation ofports-of-entry located near the borders of the party states. A mutual aidagreement pursuant to this subsection may provide for the issuance of permitsand the collection of highway user fees, registration fees, permit fees, fueltaxes or any other motor carrier fees that may be prescribed by law at a jointport-of-entry on behalf of the adjoining state. As a condition precedent to awritten agreement becoming effective under this act, the agreement shall besubmitted to and receive the approval of the attorney general and the governor.
(e) A mutual aid agreement pursuant to subsection (d) of thissection shall specify the following:
(i) Its duration, which shall be not more than four (4) years;
(ii) The purpose of the agreement;
(iii) The manner of financing the agreement and establishing andmaintaining a budget therefor;
(iv) The method to be employed in accomplishing the partial orcomplete termination of the agreement and for disposing of property upon suchpartial or complete termination;
(v) Provision for administering the agreement;
(vi) The manner of acquiring, holding and disposing of real andpersonal property used in the agreement;
(vii) The minimum standards for port-of-entry employeesimplementing the provisions of the agreement;
(viii) The respective liability of each party to the agreement forthe actions of port-of-entry employees when acting under the provisions of theagreement;
(ix) The minimum insurance, if any, required of each party tothe agreement;
(x) The exact chain of command or delegation of authority to befollowed by port-of-entry employees acting under the provisions of theagreement;
(xi) The enforcement authority that the port-of-entry employeeof each state may exercise;
(xii) Any other necessary and proper matters.
(f) A special enforcement officer, appointed under subsection(a) of this section may receive an appointment from an adjoining state and acton behalf of the adjoining state to enforce commercial vehicle and size andweight laws at a joint port-of-entry, as provided in a mutual aid agreementpursuant to subsection (d) of this section. A special enforcement officer withan appointment from an adjoining state, upon determining there is probablecause to believe a person is in violation of the commercial vehicle or size andweight laws of the adjoining state, may issue a summons to appear in theappropriate state court of the adjoining state. The summons shall command theperson to appear in the court of the adjoining state where the violationsoccurred. A special enforcement officer shall not have the power to arrest anyperson on behalf of an adjoining state.
(g) The department may appoint an out-of-state specialenforcement officer to issue summons as provided in subsection (b) of thissection at a joint port-of-entry located in an adjoining state, pursuant to amutual aid agreement as provided in subsection (d) of this section.
(h) Whenever port-of-entry employees of an adjoining state areperforming duties pursuant to a mutual aid agreement pursuant to subsection (d)of this section, the employees shall have the same powers, duties, rights,privileges and immunities as comparable Wyoming port-of-entry employees asprovided for in the agreement.