Chapter 18 - Commercial Vehicles
CHAPTER 18 - COMMERCIAL VEHICLES
ARTICLE 1 - GENERALLY
31-18-101. Definitions.
(a) As used in this act:
(i) Repealed By Laws 1998, ch. 46, 2.
(ii) "Authority" means a document issued under thisact by the department, granting intrastate authority to a person to operate amotor vehicle as a motor carrier transporting persons or property;
(iii) "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 the transportationof property for gain or profit and shall include, but not be limited to:
(A) Repealed By Laws 2009, Ch. 183, 2.
(B) Repealed By Laws 2009, Ch. 183, 2.
(C) Repealed By Laws 2009, Ch. 183, 2.
(D) With respect to interstate operation:
(I) Any vehicle engaged in transporting of persons or property,having a gross vehicle weight rating, gross combination weight rating, grossvehicle weight or gross combination weight of ten thousand one (10,001) poundsor more;
(II) Any vehicle transporting eight (8) or more passengers,including the driver, for compensation;
(III) Any vehicle transporting sixteen (16) or more passengers,including the driver, without compensation;
(IV) Any vehicle requiring a hazardous materials placard; or
(V) Any power unit having three (3) or more axles regardless ofweight.
(E) With respect to intrastate operation:
(I) Any vehicle engaged in transporting of persons or property,having a gross vehicle weight rating, gross combination weight rating, grossvehicle weight or gross combination weight of twenty-six thousand one (26,001)pounds or more;
(II) Any vehicle transporting eight (8) or more passengers,including the driver, for compensation;
(III) Any vehicle transporting sixteen (16) or more passengers,including the driver, without compensation;
(IV) Any vehicle requiring a hazardous materials placard;
(V) A power unit having two (2) axles and a gross vehicleweight or registered gross vehicle weight exceeding twenty-six thousand(26,000) pounds;
(VI) A power unit having three (3) or more axles regardless ofweight; or
(VII) Is used in combination when the weight of such combinationexceeds twenty-six thousand (26,000) pounds of gross vehicle weight.
(iv) "Compensation" means money or other recompensegiven, either directly or indirectly, for the transportation of persons orproperty by a motor carrier;
(v) "Department" means the department oftransportation;
(vi) Repealed By Laws 1998, ch. 46, 2.
(vii) Repealed By Laws 1998, ch. 46, 2.
(viii) "Gross vehicle weight" means as defined in W.S.31-1-101(a)(vii);
(ix) "Highway" means any road, street or way, whetheron public or private property, open to public travel of any kind in Wyoming. For purposes of this paragraph, "open to public travel" means thatthe road section is available, except during scheduled periods, extreme weatheror emergency conditions, passable by four-wheel standard passenger cars andopen to the general public for use without restrictive gates, prohibitive signsor regulation other than restriction based on size, weight or class ofregistration. Toll plazas of public toll roads are not considered restrictivegates;
(x) "Motor carrier" or "carrier" means acontract, private or interstate commercial vehicle operating on highways ashereafter defined:
(A) "Contract motor carrier" means any person engagedin the intrastate or interstate transportation of persons or property by motorvehicle on highways for compensation;
(B) Repealed By Laws 1998, ch. 46, 2.
(C) Repealed By Laws 1998, ch. 46, 2.
(D) "Private motor carrier" means any person engagedin business and operating a vehicle which has a gross vehicle weight, grossvehicle weight rating, gross combination weight or gross combination weightrating exceeding twenty-six thousand (26,000) pounds operating intrastate orhas a gross vehicle weight, gross vehicle weight rating, gross combinationweight or gross combination weight rating exceeding ten thousand (10,000)pounds operating interstate who, without compensation, transports over highwayshis employees or property of which the person is the owner, lessee or bailee,used in the furtherance of any commercial enterprise including transportingplacardable amounts of hazardous materials or operating a vehicle designed totransport sixteen (16) or more passengers, including the driver. As used inthis paragraph "commercial enterprise" means activities of thosepersons engaged in the exchange, purchase or selling of commodities or renderinga service in related financial transactions;
(E) Repealed By Laws 1998, ch. 46, 2.
(F) "Interstate motor carrier" means any personengaged in the transportation of person or property by motor vehicle from one(1) state to another for compensation, including locations outside of theUnited States.
(xi) "Motor vehicle" means every self-propelledvehicle intended primarily for use and operation on highways;
(xii) Repealed By Laws 1998, ch. 46, 2.
(xiii) Repealed By Laws 1998, ch. 46, 2.
(xiv) Repealed By Laws 1998, ch. 46, 2.
(xv) Repealed By Laws 1998, ch. 46, 2.
(xvi) Repealed By Laws 1998, ch. 46, 2.
(xvii) "State highway" means any highway now orsubsequently designated as a state highway by the state transportationcommission;
(xviii) "Trailer" means a vehicle without propellingpower designed to be drawn by a motor vehicle. The term includes the followingvehicles as hereafter defined:
(A) "House trailer" means a trailer designed,constructed and equipped as a dwelling place, living abode or sleeping place,either permanently or temporarily, and equipped for use as a conveyance onhighways;
(B) "Semitrailer" means every vehicle of a trailertype not equipped with propelling power so designed for carrying property 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;
(C) "Utility trailer" means any trailer less than sixthousand (6,000) pounds gross vehicle weight ordinarily pulled by or attachedto a motor vehicle.
(xix) "This act" means W.S. 31-18-101 through31-18-903;
(xx) "Intrastate" means the transportation of personsor property between points within Wyoming;
(xxi) "Gross combination weight rating" means asdefined in W.S. 31-7-102(a)(xxi);
(xxii) "Gross vehicle weight rating" means as defined inW.S. 31-7-102(a)(xxii).
31-18-102. Repealed By Laws 1998, ch. 46, 2.
31-18-103. Exemptions.
(a) The provisions contained in W.S. 31-18-104, 31-18-209,31-18-301 and 31-18-304 do not apply to:
(i) Repealed By Laws 2009, Ch. 183, 2.
(ii) Repealed By Laws 2009, Ch. 183, 2.
(iii) Repealed By Laws 2009, Ch. 183, 2.
(iv) Intrastate transportation on his own motor vehicle orcombination of vehicles having a gross vehicle weight of less than fifty-fivethousand (55,000) pounds by any farmer or rancher, or the employee of a farmeror rancher exclusively in his service, transporting produce or commodities forhis own use to and from his farm or ranch;
(v) The exchange of intrastate transportation in their ownmotor vehicles, or combination of vehicles having a gross vehicle weight ofless than fifty-five thousand (55,000) pounds by farmers or ranchers, or theemployees of farmers or ranchers exclusively in their service, when theexchange is between farmers or ranchers, or their employees, in the immediatecommunity;
(vi) The exclusive noncommercial transportation of children toand from school;
(vii) The transportation of sick, injured or deceased persons byambulance or hearse;
(viii) Transportation by motor vehicle when the motor vehicle isowned or operated by the United States, the state of Wyoming or any subdivisionthereof;
(ix) Noncommercial vehicles engaged in the exclusivetransportation of the United States mail;
(x) Repealed By Laws 1998, ch. 46, 2.
(xi) Repealed By Laws 2009, Ch. 183, 2.
(xii) Repealed By Laws 1998, ch. 46, 2.
(xiii) The intrastate transportation of livestock for show,performance or competition for noncommercial purposes.
31-18-104. Powers and duties of the department.
(a) The department shall:
(i) Supervise and regulate the operations of motor carriers to:
(A) Preserve the safety of the highways;
(B) Repealed By Laws 1998, ch. 46, 2.
(C) Repealed By Laws 1998, ch. 46, 2.
(ii) Repealed By Laws 1998, ch. 46, 2.
(iii) Issue or refuse to issue authority to operate as a contractor private motor carrier;
(iv) Repealed By Laws 1998, ch. 46, 2.
(v) Repealed By Laws 1998, ch. 46, 2.
(vi) Promulgate and enforce rules and regulations as arenecessary to carry out this act;
(vii) Repealed By Laws 1998, ch. 46, 2.
(viii) Make and enforce rules of procedure for holding hearingsincluding fixing reasonable fees for filing complaints and other pleadingssubject to the Wyoming Administrative Procedure Act;
(ix) Exercise such other powers as are reasonably necessary tocarry out and enforce this act.
(b) The department may initiate appropriate civil proceedingsin the courts of this state to enforce and cause to be prosecuted criminalviolations of this act, or of orders, rules or regulations. The district andcounty and prosecuting attorneys of this state shall prosecute all criminalviolations. Other persons affected by violations of this act or the orders,rules or regulations of the department, may seek redress by appropriate remedyin the courts of this state or upon proper complaint or application to thedepartment. The department may revoke any authority upon conviction of a carrierof any violation under W.S. 31-18-701(a) or after notice and hearing upon goodcause shown.
(c) Repealed By Laws 1998, ch. 46, 2.
(d) Repealed By Laws 1998, ch. 46, 2.
(e) Repealed By Laws 1998, ch. 46, 2.
ARTICLE 2 - REGISTRATION, AUTHORITY AND PERMITS
31-18-201. Commercial vehicles; registration; exemptions.
(a) As used in this article:
(i) "Instate miles" means the total number of milesoperated by a commercial vehicle or fleet of commercial vehicles in Wyomingduring the preceding year and in the case of Wyoming based commercial fleetvehicles may include miles accrued by fleet vehicles in jurisdictions thatrequire no apportionment and grant reciprocity;
(ii) "Preceding year" means a period of twelve (12)consecutive months fixed by the commission which shall be within the eighteen(18) months immediately preceding the commencement of the registration year forwhich registration is sought;
(iii) "Reciprocity" means the exemption of a vehiclefrom registration and payment of Wyoming registration fees;
(iv) "Registration year" means the calendar year;
(v) "Total miles" means the total number of milesoperated by a commercial vehicle or fleet of commercial vehicles in alljurisdictions during the preceding year;
(vi) "Wyoming based commercial vehicle" means acommercial vehicle:
(A) The owner of which maintains an established place ofbusiness in Wyoming, the operational records of which are maintained or readilyavailable in Wyoming and mileage of which is accrued in Wyoming; or
(B) Which is most frequently dispatched, garaged, serviced,maintained, operated or otherwise controlled from or in Wyoming.
(vii) "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.
(b) Except as otherwise provided by W.S. 31-18-202 andsubsections (h) and (j) of this section, every owner of a commercial vehicle orfleet of commercial vehicles shall comply with the requirements forcertificates of title contained in W.S. 31-2-101 through 31-2-105 and registerand license the vehicle or fleet for operation in Wyoming in accordance withthe time requirements contained in W.S. 31-2-201(a)(i) and (ii) as follows:
(i) With the department if an owner of a commercial vehicle orfleet of commercial vehicles which will be operated in Wyoming and any otherjurisdiction;
(ii) With the county treasurer of the county in which the ownerresides or in which the vehicle or fleet is based if a commercial vehicle orfleet of commercial vehicles which will not be proportionally registered foroperation in Wyoming and any other jurisdiction.
(c) Applications for registration of commercial vehiclespursuant to this section shall contain the following information and such otherinformation as required by the department:
(i) If registering under paragraph (b)(i) of this section:
(A) Instate miles during the preceding year, or if none, anestimate of instate miles to be accrued by the vehicle or fleet during theregistration year;
(B) Total miles during the preceding year, or if none, anestimate of total miles to be accrued by the vehicle or fleet during theregistration year;
(C) A description and identification of the vehicle;
(D) Evidence of compliance with W.S. 31-2-101;
(E) Information required by W.S. 31-2-103;
(F) A declaration of the gross vehicle weight for eachcommercial vehicle or combination of commercial vehicles.
(ii) If registering under paragraph (b)(ii) of this section, theinformation required by subparagraphs (c)(i)(C), (D), (E) and (F) of thissection. If the commercial vehicle is under twenty-six thousand (26,000) poundsgross vehicle weight rating, application shall be made to the department oftransportation for the county treasurer to issue commercial license plates.
(d) Applications made pursuant to paragraph (b)(i) of thissection shall be accompanied by an administrative fee of six dollars ($6.00)for each motor vehicle, trailer or semitrailer to be registered and anadditional fee to be computed as follows:
(i) In the case of a Wyoming based commercial vehicle or fleet,or a commercial vehicle or fleet based in a jurisdiction permittingproportional registration of similar Wyoming based commercial vehicles orfleets which will be operated under intrastate for hire operating authoritygranted by the department, except trailers, divide instate miles by total milesand multiply times the county fee prescribed by W.S. 31-18-401(a)(i) and thestate fee prescribed by W.S. 31-18-401(a)(ii), and an additional fee of fifteendollars ($15.00) to the counties for each vehicle to be registered;
(ii) Except as otherwise provided by paragraph (iii) of thissubsection, in the case of a commercial vehicle or fleet based in ajurisdiction permitting proportional registration of similar Wyoming basedcommercial vehicles or fleets which will not require intrastate for hireoperating authority from the department, divide instate miles by total milesand multiply times the equalized highway use tax prescribed by W.S.31-18-401(a)(iii) and the state fee prescribed by W.S. 31-18-401(a)(ii) foreach vehicle to be registered;
(iii) Notwithstanding the provisions of paragraph (ii) of thissubsection and W.S. 31-18-401(a)(iii) an owner of a commercial vehicle asdefined in paragraph (ii) of this subsection may file an application with thedepartment prior to January 1 of the year in which registration is duerequesting payment of the proportioned county fee in lieu of the equalizedhighway use tax prescribed in W.S. 31-18-401(a)(iii). The department shallauthorize the taxpayer to pay the lesser of the county registration feeprescribed in W.S. 31-18-401(a)(i) times instate miles divided by total milesor the equalized highway use tax if the department receives the informationwhich is necessary to calculate the county fee and the equalized highway usetax prior to the time prescribed by this paragraph. The department shallnotify the taxpayer of the amount due under this paragraph within thirty (30)days of the date the necessary information is received. The taxpayer shall paythe amount due as determined by the department pursuant to this paragraph priorto April 1 of the year in which registration is due. Fees collected pursuantto this paragraph shall be distributed to the state highway fund.
(e) Every owner engaged in the business of renting utilitytrailers shall register a number of trailers equal to the average number ofutility trailers rented in or through Wyoming during the preceding year. Thereafter,all utility trailers rented or leased by the owner and properly identified andlicensed in any jurisdiction may operate in Wyoming on an interstate andintrastate basis. The owner shall submit verifiable data to the department asto the average number of trailers rented or operated in Wyoming during thepreceding year and such other information as may be required by the department.All applicable fees shall be paid to and, if necessary, license plates issuedby the department.
(f) Repealed by Laws 2009, Ch. 128, 4.
(g) Every owner engaged in the business of renting rentaltrucks less than twenty-six thousand (26,000) pounds gross weight operated aspart of an identifiable one-way fleet shall register a number of rental trucksequal to instate miles divided by total miles times the number of rentalvehicles in the fleet. Thereafter, all fleet rental trucks may operate inWyoming on an interstate and intrastate basis. The owner shall submitverifiable data and pay applicable fees to the department. The department shallissue evidence of registration of the fleet.
(h) The department may enter into agreements relating toproportional registration of commercial vehicles with authorities of one (1) ormore jurisdictions to facilitate administration. Every agreement shall be inwriting and filed in the office of the secretary of state. Every agreementshall contain a provision authorizing the department to cancel and revoke theagreement with respect to Wyoming upon thirty (30) days notice to other partiesthereto. Agreements shall provide for the submission of an applicationcontaining the information required by subsection (c) of this section to thedepartment in the case of Wyoming based commercial vehicles and to thedepartment or an authorized agency in another jurisdiction, in the case ofnon-Wyoming based commercial vehicles. As used in this subsection"commercial vehicle" includes utility trailers, rental vehicles andrental trucks.
(j) Agreements may also provide for the following:
(i) Full reciprocity for non-Wyoming based commercial vehiclesoperated solely in interstate commerce of specified types, or gross or unladenweights, in exchange for equivalent reciprocity for Wyoming based commercialcarriers;
(ii) Reciprocal audits of records of owners or commercialvehicles by jurisdictions parties to the agreement;
(iii) A definition of "fleet" which varies from W.S.31-1-101(a)(vi);
(iv) Such other matters which will facilitate the administrationof the agreement, including exchange of information for audits and enforcementactivity and collection and disbursement of proportioned registration fees forother jurisdictions in the case of Wyoming based commercial vehicles.
(k) Upon application and payment of fees as prescribed bysubsection (d) of this section, the department shall register commercialvehicles and in the case of Wyoming based commercial carriers issue distinctiveWyoming license plates. In the case of non-Wyoming based commercial vehiclesthe department may issue distinctive Wyoming license plates, distinctivestickers, or other suitable visual identification devices in such form asprescribed by the department which shall be affixed to the vehicle as requiredby the department. The department may also issue a registration card for eachvehicle registered identifying the vehicle which shall be carried in thevehicle at all times.
(m) Commercial vehicles or fleets registered as provided bythis section are fully licensed and registered in Wyoming for any type of movementor operation excluding those instances in which a grant of authority isrequired for intrastate movement or operation in which case no vehicle shall beoperated in intrastate commerce unless the owner or operator has intrastateauthority or rights from the department.
(n) If the department determines that mileage records ormileage estimates of any owner are not satisfactory for the purpose ofregistration under this section, the department may prescribe or permit analternate method designed to present a more accurate representation of theproportion of the preceding year to be ascribed to the owner's commercialvehicle or fleet in substitution for the quotient prescribed by subsection (d)of this section. If the department determines that the quotient used for thepreceding registration year varies substantially from the quotient submittedfor the registration year under application, the department may recompute thequotient for the preceding registration year on the basis of information containedin the application or from the applicant's records or from such otherinformation as it may have available to it and charge such additional fees asmay be required by the redetermined quotient.
(o) Vehicles acquired by an owner after the commencement of theregistration year and subsequently added to a proportionally registered fleetshall be proportionally registered by applying the mileage percentage used inthe original application for the fleet for the registration period to the feesotherwise due with respect to the vehicle for the remainder of the registrationyear. This subsection does not apply to any commercial vehicle operated by theowner as a lessee of another owner who has in the registration yearproportionally registered the vehicle in Wyoming if the lessor establishes tothe satisfaction of the department that he maintains and will submit completeannual mileage data for the vehicle for all jurisdictions, including, byindividual jurisdictions, all miles operated in service by the lessor and hislessee and that the vehicle or its replacement will, in the normal course ofoperations, be included in the lessor's proportional registration applicationin Wyoming for the succeeding license year.
(p) If a commercial vehicle is withdrawn from a proportionallyregistered fleet during any registration year the owner shall so notify thedepartment. The department shall require the owner to surrender proportionalregistration cards and such other identification devices which have been issuedwith respect to the vehicle. If a vehicle is permanently withdrawn from aproportionally registered fleet because it has been destroyed, sold orotherwise completely removed from the service of the owner the unused portionof the registration fee paid with respect to the vehicle, which is a sum equalto the amount of registration fee paid with respect to the vehicle for theregistration year reduced by one twelfth (1/12) for each calendar month andfraction elapsing between the first day of the month of the registration yearand the date the notice of withdrawal is received by the department, shall becredited to the proportional registration account of the owner. The creditshall be applied against liability for subsequent additions to be proratedduring the registration year. If the credit is less than five dollars ($5.00)per vehicle withdrawn no credit shall be made or entered. In no event shall theamount be credited against fees other than those for the registration year noris any amount subject to refund.
(q) Any owner registering a vehicle pursuant to this sectionshall preserve the records on which the application is based for three (3)years following the registration year for which registration was permitted.Upon request of the department, the owner shall make his records availableduring reasonable business hours for audit as to accuracy of computations,payments and assessment of deficiencies or allowances for credit. Thedepartment may enter into agreements with agencies of other jurisdictions administeringmotor vehicle registration laws for reciprocal audits of the records of anyowner. Audits performed by agencies of other jurisdictions may be accepted andutilized by the department in the same manner as if the audit had beenperformed by personnel of the department.
(r) Any sums found to be due and owing upon audit bear interestof one and three-quarters percent (1.75%) per month from the date when theyshould have been paid until the date of actual payment. If the audit disclosesa deliberate and willful intent to evade the requirements of this section, anadditional penalty of one percent (1%) per month of sums found to be due andowing on audit from the date when they should have been paid shall be alsoassessed.
(s) Except as otherwise provided in this section, owners ofcommercial vehicles meeting the registration requirements of anotherjurisdiction and subject to registration in Wyoming and not entitled toexemption from registration or licensing under this section may, as an alternativeto registration or proportional registration secure a temporary permit fromthe department to make a single trip into, within or out of Wyoming for aperiod of not to exceed ninety-six (96) hours for a fee of twenty dollars($20.00) for each single unit operated as a single unit or forty dollars($40.00) for each legal combination of units including only one (1) power unit.In lieu of the fee required by W.S. 39-17-106(g) or 39-17-206(d) for licenseand taxation of gasoline or diesel fuels the operator may secure a temporarypermit from the department to operate in Wyoming for a period of not to exceedninety-six (96) hours for a fee of seven dollars and fifty cents ($7.50) foreach single unit operated as a single unit or fifteen dollars ($15.00) for eachlegal combination of units including only one (1) power unit.
(t) An owner of a commercial vehicle engaged in the motionpicture industry whose vehicle is properly registered in another state and notentitled to the registration or licensing exemption under W.S. 31-2-224 or thissection may, as an alternative to registration or proportional registration andin lieu of the fee required by W.S. 39-17-106(g) and 39-17-206(d), apply to thedepartment for a temporary permit to operate the vehicle in Wyoming for ninety(90) days upon payment of the appropriate fees prescribed in subsection (s) ofthis section. As used in this subsection, "motion picture industry"includes all filming in this state for commercial purposes includingadvertising. Any person operating a vehicle in Wyoming beyond the periodauthorized in the temporary permit is subject to a civil penalty requiring fullregistration of the vehicle in Wyoming for the registration year in which theviolation occurred and payment of all fees required for registration.
(u) Any person legally engaged in the transportation of newvehicles over the highways of this state from manufacturing or assembly pointsto agents of manufacturers or dealers in this state or in other states,territories or foreign countries or provinces by the drive away or tow awaymethods, where the vehicle being driven, towed on its own wheels, ortransported by the saddlemount, towbar or full-mount methods, or a lawfulcombination of these methods, for the purpose of sale, barter or exchange, orfor delivery after sale, may annually apply to the department for a permit anda transporter number plate to use the highways of this state and pay a fee ofthree hundred dollars ($300.00) for the permit and thirty dollars ($30.00) foreach transporter number plate. The transporter plate shall be displayed uponthe front of the driven vehicle combination or upon the rear of a motor vehicledriven singly or upon the rear of a vehicle being towed. The permit shall bevalid for the current year ending December 31. Vehicles may be transported asprovided under this subsection while displaying the plate. Transporters whofail to display the plate will be required to obtain a single trip permit fromthe department pursuant to subsection (s) of this section.
(w) An operator of a tour bus may obtain a temporary permitpursuant to subsection (s) of this section. An operator of a mobile drillingrig or well servicing unit operated interstate and which is constructed as amachine consisting in general of a mast, an engine for power and propulsion, adraw works and a chassis permanently constructed or assembled for the vehiclemay obtain a single trip permit in accordance with subsection (s) of thissection. Mobile drilling rigs or well servicing units making an intrastate moveshall be registered in Wyoming.
(y) A temporary permit issued under this section shall becarried in the power unit. Unlawful use of the temporary permit or fraudulentor false information given to obtain the temporary permit invalidates thepermit and results in the penalty provided by W.S. 31-18-701. The departmentshall cancel, revoke or refuse to issue the temporary permits provided by thissection based upon a finding from its records and prior experience or from therecords and prior experience of the department that:
(i) The operation or equipment used renders the highwaysunsafe;
(ii) Delinquent fees are due and payable to the department; or
(iii) The permittee has not complied with or continues to notcomply with all laws and applicable rules and regulations of this act orgoverning the operations of interstate motor carriers as defined by law.
(z) The following vehicles are exempt from the provisions ofthis section:
(i) Vehicles granted reciprocity pursuant to W.S. 31-2-203;
(ii) The following vehicles if validly registered in statescontiguous to Wyoming if the contiguous states grant similar exemptions toWyoming owners of like vehicles:
(A) Wreckers or service cars when towing or hauling other vehiclesfor emergency repairs;
(B) Trucks, or permissible combinations of trucks and trailers,when being used by any farmer or rancher for the transportation of livestock,feed or unprocessed agricultural products owned and produced by the farmer orrancher of production to market, and of farm and ranch supplies solely intendedfor the use of the farmer or rancher, and not for sale, when being transportedon the return trip.
31-18-202. Reciprocal agreements and exemptions.
(a) The department may negotiate reciprocal agreements withappropriate officials of any other jurisdiction, in which nonresidents of thisstate shall be exempt from Wyoming vehicle registration fees in exchange forequivalent exemptions from like fees imposed by the other jurisdictions onresidents of this state.
(b) The department shall determine from time to time and adviseeach Wyoming motor vehicle registration and fee collecting official or otherperson and each state agency charged with enforcing motor vehicle statutes ofWyoming of the name of each state contiguous to Wyoming which has granted orsubsequently grants for the benefit of affected Wyoming motor vehicle ownersreciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of thissection, together with the nature and extent of each reciprocal grant by theother state, and shall likewise advise of the name of each jurisdiction withwhich the department has entered into a reciprocal agreement together with thenature and extent of the reciprocal grants made.
31-18-203. Definitions; registration required.
(a) As used in W.S. 31-18-203 through 31-18-208:
(i) "Mobile machinery" means heavy equipment, exceptshop or hand tools or attachments, which is self-propelled, towed or hauled andused primarily in construction and maintenance of roads, bridges, ditches,buildings or land reclamation;
(ii) The definitions in W.S. 31-1-101 apply in this division;
(iii) "This division" means W.S. 31-18-203 through31-18-208.
(b) Except as provided in W.S. 31-18-204, no mobile machineryshall be operated in this state, whether or not upon the public highways ofthis state, unless registered under this division. Prior to using any mobilemachinery on any construction project receiving state funds, the contractor shallprovide certification to the public agency or engineer in charge of the projectthat the mobile machinery has been registered as required by this division.
(c) Notwithstanding subsection (b) of this section, mobilemachinery listed on a property tax assessment roll in this state is exempt fromthe registration requirement of this division. Each county treasurer shallissue stickers pursuant to this division to owners of mobile machinery listedon a property tax assessment roll in this state upon receipt of an applicationby the owner and payment of an administrative fee of six dollars ($6.00).
31-18-204. Exemptions.
(a) The provisions of W.S. 31-18-203 through 31-18-208 do notapply to mobile machinery:
(i) Owned by the United States, the state of Wyoming or anypolitical subdivision thereof;
(ii) Which is an implement of husbandry;
(iii) Currently registered under W.S. 31-2-201 or 31-18-201;
(iv) Being transported from a point outside this state throughthis state or for delivery or repair in this state;
(v) Held for sale by a person engaged in the business ofselling mobile machinery;
(vi) Used in the extraction or production of bentonite, coal,trona or uranium and owned by the producer;
(vii) Used exclusively for the drilling of wells;
(viii) Brought into the state for a period not to exceed seven (7)calendar days to demonstrate the operation of the mobile machinery toprospective buyers.
31-18-205. Registration; application; fees; departmentresponsibilities; transfer of ownership.
(a) Owners or operators of mobile machinery required to beregistered under W.S. 31-18-203 through 31-18-208 shall apply to a countytreasurer in this state annually and pay a registration fee in lieu of propertytaxes as provided in subsection (e) of this section. For mobile machineryregistered after February 1 in any year, the fee shall be computed bymultiplying the fee under subsection (e) of this section times the number offull months remaining in the calendar year and dividing by twelve (12). Countytreasurers shall distribute fees collected under this subsection in the samemanner and proportion as property taxes.
(b) County treasurers shall issue stickers and certificates ofregistration to owners of mobile machinery registered under this section. Thesticker shall be displayed on the mobile machinery for which it was issued soas to be visible by a person not operating the mobile machinery.
(c) The department shall prescribe application forms and theform of stickers and certificates of registration issued under this section andprovide them without charge to each county treasurer. The department shallfurnish stickers and a "mobile machinery register" to each countytreasurer in a similar manner as a vehicle register is provided under W.S.31-2-213. The department may promulgate rules necessary to implement this act.
(d) The registration of mobile machinery expires ten (10) daysafter its transfer unless the original owner files an application for atransfer of ownership accompanied by the fees based on the amount which wouldbe due on a new registration as of the date of transfer less any credit for theunused portion of the original registration fees for the original registrationfor the mobile machinery and an additional fee of six dollars ($6.00) with acounty treasurer. Upon receipt of a completed application and the requiredfee, the county treasurer shall issue the new owner a new certificate ofregistration. The fee collected under this subsection shall be deposited inthe county general fund.
(e) The fee for mobile machinery shall be computed bymultiplying the statewide average county, school district and state propertytax mill levy for the preceding year as computed by the state board ofequalization times the applicable assessment factor times the valuation of themobile machinery. The department of revenue shall establish schedules forvaluation of mobile machinery for use by county treasurers.
31-18-206. Temporary registration.
(a) In lieu of registration under W.S. 31-18-205, a non-Wyomingbased owner or operator of mobile machinery may apply for a temporaryregistration sticker valid for not more than eleven (11) months, providing thetemporary registration sticker shall not extend in to the next calendar year,from either a county treasurer or the department. The owner or operator shallpresent sufficient documentation to allow the county treasurer or thedepartment to establish the valuation of the mobile machinery. The fee for theauthority to use and display the temporary sticker shall be computed bymultiplying the fee under W.S. 31-18-205(e) times the number of monthsrequested in the calendar year and dividing by twelve (12), plus anadministrative fee of ten dollars ($10.00) and six dollars ($6.00) for thesticker.
(b) The fees for mobile machinery collected by the countytreasurer under this section shall be distributed in the same manner andproportion as property taxes. The fees for mobile machinery collected by thedepartment under this section shall be distributed in the same manner as feesfor non-Wyoming based commercial vehicles under W.S. 31-3-103(a).Administrative fees collected by the county treasurer shall be deposited in thecounty general fund, and those collected by the department shall be depositedin the highway fund.
(c) The sticker issued under this section shall be displayed onthe mobile machinery in the same manner as stickers issued under W.S.31-18-205.
31-18-207. Rental or leased machinery.
(a) In lieu of payment of the registration fee under W.S.31-18-205, the owner of any mobile machinery who is regularly engaged in thesale, rental or both sale and rental of mobile machinery and who rents orleases mobile machinery to another individual or corporation in which the ownerhas no interest for one (1) or more periods of at least sixty (60) days in anycalendar year may elect to pay a registration fee under this section.
(b) Authorization for payment of registration fees under thissection shall be obtained from the county treasurer in the county in which theowner's principal place of business is located. The owner shall also apply foran identifying decal for each item of mobile machinery to be rented or leased. The identifying decal shall be affixed to the item of mobile machinery at thetime it is rented or leased. The owner shall keep records of each decal issuedand a description of the item of mobile machinery to which it is affixed. Thefee for each identifying decal is six dollars ($6.00), and payment shall bemade at the time of application to the county treasurer. Decals expire at theend of each calendar year, and application for new decals shall be made foreach calendar year or portion thereof. The owner shall remove any identifyingdecal upon the sale or change of ownership of mobile machinery. The feecollected under this subsection shall be deposited in the county general fund.
(c) Upon receiving authorization under subsection (b) of thissection, the owner shall collect from the user a registration fee in the amountequivalent to one-half of one percent (0.5%) of the amount of the rental orlease payment. No later than the twentieth day of the January following, theowner shall submit a calendar year report, using forms which shall be furnishedby the department of revenue, to the county treasurer in which the mobilemachinery is used, together with the remittance for all taxes collected for thepreceding calendar year.
(d) Reports shall be made even if no registration fees werecollected by the owner in the previous calendar year. Failure to make reportsfor sixty (60) days is grounds for termination of the owner's right to pay feesunder this section. If the owner has failed to remit fees received from arenter or lessee during the sixty (60) day period, the county treasurer mayproceed to collect these delinquent fees in the manner provided for collectionof delinquent taxes under W.S. 39-13-108(e)(i)(A).
(e) The department of revenue shall promulgate rules andregulations for the administration and enforcement of this section.
31-18-208. Prohibited act; penalties.
(a) No person shall knowingly make any false statement in anyapplication or other document required under W.S. 31-18-203 through 31-18-208.
(b) Any person who violates any provision of W.S. 31-18-203through 31-18-208 is guilty of a misdemeanor punishable by a fine of not morethan seven hundred fifty dollars ($750.00), imprisonment for not more than six(6) months, or both for each violation.
(c) Any person who violates any provision of W.S. 31-18-203through 31-18-208 shall, in addition to any fine imposed under subsection (b)of this section, pay the required fee plus a penalty of ten percent (10%) ofthe required fee.
31-18-209. Issuance of authority; matters to be considered; deposit ofinsurance.
(a) Thedepartment shall issue authority to qualified motor carriers. The authorityshall remain valid and in effect unless revoked by the department for goodcause, such as a violation of this act, or cancelled at the request of theauthority holder.
(i) Repealed By Laws 1998, ch. 46, 2.
(ii) Repealed By Laws 1998, ch. 46, 2.
(b) The replacement fee for a letter of authority shall be tendollars ($10.00). Applications for authority shall be made in writing andverified and shall contain the following information:
(i) The name and address of applicant;
(ii) A statement of the nature of transportation serviceproposed;
(iii) Repealed By Laws 1998, ch. 46, 2.
(iv) Repealed By Laws 1998, ch. 46, 2.
(v) Repealed By Laws 1998, ch. 46, 2.
(vi) Repealed By Laws 1998, ch. 46, 2.
(vii) Repealed By Laws 1998, ch. 46, 2.
(viii) Repealed By Laws 1998, ch. 46, 2.
(ix) Appropriate additional information as the department deemsnecessary; and
(x) A filing fee of fifty dollars ($50.00);
(xi) Repealed By Laws 2007, Ch. 215, 3.
(c) Repealed By Laws 1998, ch. 46, 2.
(d) Repealed By Laws 1998, ch. 46, 2.
(e) As the department grants authority it shall assign eachmotor carrier a docket number and shall notify the appropriate divisions withinthe department.
(f) The department shall require intrastate contract carriersto deposit with it, policies of insurance companies which are either authorizedto do business in Wyoming or are lawfully able to transact insurance without acertificate of authority pursuant to title 26 of the Wyoming statutes asdetermined by the insurance commissioner of this state or other adequatesecurity for cargo, public liability and property damage insurance for theprotection of the public generally. The policy of insurance, bond or proof ofother security shall be continuous and remain in full force and effect unlessand until cancelled on not less than thirty (30) days written notice to thedepartment, the notice to commence to run from the date it is received at theoffice of the department. The cancellation filed with the department shall,upon its effective date, suspend the operating authority of the affectedcarrier and no operations shall be conducted on any highway until theinsurance, bond or other adequate security, in the form and amount required,becomes effective and is approved by the department. The department shallrequire contract motor carriers to use and carry in their motor vehicles at alltimes uniform bills of lading, showing all property currently beingtransported, to deliver copies to both consignor and consignee and to retain acopy for the inspection of the department and the state highway patrol.
31-18-210. Repealed By Laws 1998, ch. 46, 2.
31-18-211. Repealed By Laws 1998, ch. 46, 2.
31-18-212. Repealed By Laws 1998, ch. 46, 2.
31-18-213. Repealed By Laws 1998, ch. 46, 2.
ARTICLE 3 - GENERAL REGULATORY PROVISIONS
31-18-301. Permanent cards and decals; operation without authority;inspections.
(a) The authority of any motor carrier issued after April 1,1989, is valid until cancelled or revoked.
(b) No motor carrier that is required to have authority shalloperate on the highways without a copy of the current authority carried in eachpower unit.
(c) A copy of the current authority shall upon demand, bepresented by the driver of the vehicle to any of the field investigators of thedepartment, members of the state highway patrol or authorized personnel of thedepartment at its ports of entry. Investigators, troopers and authorizedpersonnel may compel the driver to stop and submit the vehicle to an inspectionby signs directing commercial vehicles or the motor carrier to stop at ports ofentry or other locations designated by the department or by warning devices onvehicles of investigators, troopers or authorized personnel. All ports of entryshall post signs or signals indicating when the facility is open and directingcommercial vehicles or motor carriers to stop for inspection. Notwithstandingthe provisions of this section, a vehicle that is properly registered, has aproper fuel license, valid authority and is legal in size and weight, uponapproval by the department, may be authorized to bypass a port of entry unlessspecifically directed to stop by an investigator, trooper or authorizedpersonnel or by a sign or signal specifically requiring those vehicles to stop.These vehicles may, however, be required to slow to the designated speed anduse the directed traffic lane for size and weight screening purposes.
(d) Vehicles checking through a port of entry shall not berequired to stop at any other port of entry within the state on that tripunless there is an increase in the size or weight of the vehicle or its load,or unless specifically directed to stop by an investigator, trooper orauthorized personnel or by a sign or signal specifically requiring thosevehicles to stop.
31-18-302. Repealed By Laws 1998, ch. 46, 2.
31-18-303. Authority of department to adopt rules and regulationsgoverning drivers, equipment and hazardous materials; exceptions; maximumoperating hours.
(a) The department shall adopt rules and regulationsprescribing the permissible operating time and other requirements of motorcarrier drivers, equipment and the transportation of hazardous materials whichare consistent with comparable regulations of the United States department oftransportation.
(b) Public utility personnel and associated emergency personnelare exempt from driving time regulations only if an emergency exists. If anoccasion or instance jeopardizes public health or safety or endangers property,an emergency situation exists. In such an event, if public utilities andassociated emergency personnel respond, they are exempt from driving timeregulations if the public utility exercises due diligence in contacting stateor local officials, and documents its efforts.
(c) Unless exception is made by the department after publichearings held pursuant to the Wyoming Administrative Procedure Act, the rulesof the department shall be current with rules adopted by the United Statesdepartment of transportation, as now or hereafter amended.
(d) Repealed By Laws 2009, Ch. 183, 2.
(e) Intrastate, for-hire transportation of passengers invehicles with an occupant capacity of seven (7) or more, but not more thanfifteen (15), is subject to the hours of service requirements of 49 CFR Part395 as it applies to vehicles with occupant capacities of fifteen (15) or more,as adopted pursuant to subsection (a) of this section.
31-18-304. Display of name or trade name.
(a) No person may operate a commercial vehicle unless the nameor trade name of the motor carrier is displayed.
(b) The display required by subsection (a) of this sectionshall be of a size, shape and color which is legible from fifty (50) feet indaylight when the vehicle is not moving. The display shall be maintained so asto remain legible. If the display required by subsection (a) of this sectionis otherwise maintained, separate display on semitrailers and trailers is notrequired.
(c) This section does not apply to vehicles:
(i) Repealed By Laws 2009, Ch. 183, 2.
(ii) Repealed By Laws 2009, Ch. 183, 2.
(iii) Repealed By Laws 1998, ch. 46, 2.
(iv) Identified as property of the United States, this state orany political subdivision of this state; or
(v) Classified as implements of husbandry.
(d) No person shall operate a commercial vehicle subject tosubsection (a) of this section and displaying the name or trade name of themotor carrier if the agreement between the motor carrier and the personauthorizing the person to operate the vehicle has expired or is terminated.
ARTICLE 4 - FEES
31-18-401. Registration fees.
(a) Except as otherwise provided, the following fees shallaccompany each application for the registration of a commercial vehicle:
(i) A county registration fee computed in accordance with W.S.31-3-101(a)(i);
(ii) A state registration fee computed as follows:
(A) Commercial vehicles except passenger cars, school buses,house trailers and motorcycles for which the fees shall be computed as providedby W.S. 31-3-101(a)(ii) based on gross vehicle weight pursuant to the followingtable:
GROSS VEHICLE OR GROSS
COMBINATION VEHICLE WEIGHT IN POUNDS FEE
26,000 - or less $180.00
26,001 - 28,000 195.00
28,001 - 30,000 210.00
30,001 - 32,000 225.00
32,001 - 34,000 250.00
34,001 - 36,000 275.00
36,001 - 38,000 300.00
38,001 - 40,000 325.00
40,001 - 42,000 350.00
42,001 - 44,000 375.00
44,001 - 46,000 400.00
46,001 - 48,000 425.00
48,001 - 50,000 450.00
50,001 - 52,000 475.00
52,001 - 54,000 500.00
54,001 - 55,000 512.50
55,001 - 56,000 525.00
56,001 - 58,000 550.00
58,001 - 60,000 575.00
60,001 - 62,000 600.00
62,001 - 64,000 625.00
64,001 - 66,000 650.00
66,001 - 68,000 675.00
68,001 - 70,000 700.00
70,001 - 72,000 725.00
72,001 - 74,000 750.00
74,001 - 76,000 775.00
76,001 - 78,000 800.00
78,001 - 80,000 825.00
For weights over eighty thousand (80,000)pounds, the fee shall be eight hundred twenty-five dollars ($825.00) plustwenty-five dollars ($25.00) for each additional two thousand (2,000) pounds orfraction thereof.
(B) For vehicles equipped with nonpneumatic tires of an unladenweight in excess of 3,500 pounds, increase the fees prescribed by subparagraph(A) of this paragraph by twenty dollars ($20.00);
(C) Commercial vehicles being operated as a combination of two(2) or more vehicles shall be registered on the gross combined weight and payfees as prescribed by subparagraph (a)(ii)(A) and paragraph (a)(iii) of thissection.
(iii) Except as otherwise provided in W.S. 31-18-201(d)(iii), anequalized highway use tax collected by the department in lieu of the countyregistration fee imposed by paragraph (a)(i) of this section for commercialvehicles or fleets proportionally registered under W.S. 31-18-201(b)(i) anddescribed in W.S. 31-18-201(d)(ii) pursuant to the following table:
VEHICLE OR COMBINATION
GROSS VEHICLE WEIGHT EQUALIZEDHIGHWAY
IN POUNDS USETAX
26,000 - or less $ 80.00
26,001 - 28,000 100.00
28,001 - 30,000 150.00
30,001 - 32,000 200.00
32,001 - 34,000 250.00