Wyo. Code R. 045-0004-1
Motor Carrier
Chapter 1: Motor Carriers and Appendix to Chapter 1, App filed 090892
Effective Date: 12/08/1993 to 03/06/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0004.1.12081993
The Wyoming Motor Carrier Act (W.S. 31-18-101 through W.S. 31-18-701), declares the objectives of the law to be the promotion of the safety of the highways, and the maintenance of a sound, well-regulated transportation structure for the people of the state.
The Act declares all common motor carriers public utilities, and gives the Wyoming Department of Transportation the power to supervise and regulate all motor carriers.
The law remains fixed until changed by subsequent acts of the legislature, however, the rules herein are subject to change by the Department through administrative rulings as exigencies may require.
(a) All applications, written communications and documents should be addressed to "The Wyoming Department of Transportation, Motor Vehicle Services Program, 5300 Bishop Blvd., Cheyenne, Wyoming 82009-9019. All applications, communications and documents are deemed to be officially received only when delivered at the offices of the Motor Vehicle Services Program. Rate and tariff matters should also be sent to the Motor Vehicle Services Program.
(b) Every carrier in communicating with the Department must refer to the name shown upon his permit or certificate.
(c) A change in the address of the principal place of business of any carrier must be reported immediately to the Department.
(d) All notices required to be mailed to a carrier will be presumed to be received by him if mailed to the last known address of the carrier as shown on the records of the Department. A second notice by registered or certified mail will fulfill all requirements for the sufficiency of notices under the Motor Carrier Act in case the first notice mailed is returned by the Post Office Department.
(a) Any remittances may be by money order, bank draft or certified check payable to the Wyoming Department of Transportation. Personal checks will be accepted, subject to collection, if the check record of the drawer with the Department has been satisfactory in the past.
(b) Remittances in currency or coin are wholly at the risk of the remitter. The Department assumes no responsibility for loss of currency or coin sent by mail.
(c) The remittance mentioned in subparagraph (a) above may be found in W.S. 31-18-402.
Rev. 12/93
Rev. 12/93
(a) All motor carriers holding operating authority from the Department are required to keep and maintain adequate records concerning the reports filed by them with respect to the payment of fees due and with respect to rate and tariff matters.
(b) All records required by the Department shall be retained by the carrier for a period of at least three years.
(c) All records required by the Department shall be available for inspection or audit by any authorized representative of the Department. The carrier shall, at its own expense, forward such records to the offices of the Department upon the request of an authorized representative.
(a) (Common Motor Carriers) All Common Motor Carriers, at the request of the Department, shall file an annual report pursuant to W.S. 37-2-203(f). The forms for filing such a report are mailed to the address of record of the carrier each year. The holders of Common Carrier Certificates shall maintain and report such accounts and statistics as pertain solely to operations in the State of Wyoming separately from those that do not pertain to such operations. When the holder of a Common Carrier Certificate is engaged in any other business in addition to the transportation business, the accounts and statistics of the transportation business shall be maintained separately. Holders of Certificates as regular route Common Motor Carriers are required to file time schedules of their operations with the Department. Any changes in such time schedules should be filed immediately for the Department's approval.
(b) (Other Carriers) The holders of Contract Carrier Permits, Private Carrier Permits and Interstate Carrier Permits shall file reports as may be required by the Department from time to time.
(a) One copy of a Certificate, a Permit, or an Order of the Department will be furnished to the Carrier and all interested parties of record without charge. Additional copies of an order will be furnished upon request and the payment of 25 cents per page to defray the costs of reproduction. Requests for copies should clearly state the nature of the document requested, the name or title under which the document was issued, the date of issuance and the docket number, if any, and should be accompanied by the reproduction fee. If certified copies of a document are desired, the request should specifically request certified copies. Certified copies will be furnished upon request and the payment of $2.00, in addition to copy fees.
(b) No free copies of the transcripts of hearings before the Department are furnished. Persons desiring copies of transcripts should make arrangements with the Court Reporter at the time of the hearing.
(a) Permanent certificates or permits shall be issued to qualified common, contract, private or interstate motor carriers and shall remain valid and in effect unless revoked by the Department for good cause or cancelled at the request of the holder. No motor carrier shall operate on the highways without a copy of its current certificate or permit carried in each power unit.
(b) When certificate or permits are lost, new certificate or permits will be issued upon the payment of a fee of $5.00 each, pursuant to W.S. 31-18-402.
(a) Definitions as set forth in the Wyoming Motor Carrier Act (W.S. 31-18-101 through 31-18-701) shall apply insofar as all terms used in these sections are concerned.
(b) 'Department' means the Wyoming Department of Transportation.
(c) 'Taxi Service' means the Transportation of persons on a call and demand expedited basis between one point and another point, over irregular routes, on an individual fare basis, not exceeding seven passengers.
(a) In regular route operating authorities in the State of Wyoming, except those authorizing the transportation of passengers, the right to serve a municipality includes the right to serve the commercial zone of that municipality.
(b) Method of determining - The commercial zone of each municipality in the State of Wyoming, with the exception of those which have been or are hereafter individually determined, shall be deemed to consist of:
(i) The municipality itself, hereinafter called the base municipality;
(ii) All municipalities within the State of Wyoming which are contiguous to the base municipality;
(iii) All other municipalities within the State of Wyoming and all unincorporated areas within the State which are adjacent to the base municipalities as follows:
(A) when the base municipality has a population of less than 2,500, all unincorporated areas within three miles of its corporate limits and all of any other municipality any part of which is within three miles of the corporate limits of the base municipality.
(B) when the base municipality has a population of 2,500 but less than 25,000, all unincorporated areas within five miles of its corporate limits and all of any other municipality any part of which is within five miles of the corporate limits of the base municipality.
(C) When the base municipality has a population of 25,000 or more, all unincorporated areas within ten miles of its corporate limits and all of any other municipality any part of which is within ten miles of the corporate limits of the base municipality.
(D) The term 'municipality' when used in this rule shall mean any incorporated town, city or village.
(E) In applying the above, shortest road distances by mileage from corporate limits of municipalities shall be used.
(F) The population of any municipality shall be deemed to be that shown for that municipality in the last decennial census.
The provisions of these rules apply to all common, contract, private and interstate carriers, with certain exemptions as set forth in W.S. 31-18-103.
Privately owned motor vehicles used in making non-profit educational, or religious tours of the State are not within the scope of the Act.
The Motor Carrier Act does not apply when transportation by motor vehicle is entirely on nonstate highways. Any transportation using a state highway in part or in whole is subject to the Act.
(a) (Form of Application) Applications for certificates of public convenience and necessity must be made in writing to the Department and be verified under oath. All applications shall contain the following information.
(i) The name and address of the applicant. If the applicant is a corporation, the names and addresses of the officers shall be set forth therein and a certified copy of the Articles of Incorporation shall be attached thereto. If the applicant is a partnership, the names and addresses of the individual partners shall be set forth.
(ii) A statement whether applicant intends to transport passengers and/or property. Property set forth in the statement shall be particularly described in terms of specific commodities or special type of class of commodities.
(iii) A description of the regular route or irregular route territory over or within which applicant intends to operate.
(iv) An agreement to charge the rates and fares fixed and approved by the Department for the transportation of persons and/or property between the various points on the proposed route(s) in the proposed territory to be served.
(v) The proposed schedule of operations if application is made for authority to carry property over regular routes and a proposed time schedule if application is made to carry passengers over regular routes.
(vi) A sketch map of the proposed route(s) or area over which the applicant seeks to operate and over which already existing certificated motor carriers operate. Such map should set forth the name of, and particulars regarding, such certificated carriers and their routes or areas, and should indicate those conflicts between the proposed service and operations of the said certificated carriers.
(vii) A statement of the reasons upon which the applicant predicates his belief that public convenience and necessity require the additional service proposed.
(viii) A description of the equipment to be operated in the proposed service, and a complete financial statement of applicant.
(ix) Such insurance policies, or other security in lieu thereof, as are required under these sections, or proof that such insurance or other security has been applied for.
(b) (Fees) All applications for certificates must be accompanied by the required fee pursuant to W.S. 31-18-402.
(c) The Department may issue a Certificate for the full or partial exercise of the privilege sought and attach thereto such conditions as it may deem necessary and proper to the exercise of the privilege so issued. The Department may set the matter for hearing if it is deemed necessary. (See Section 31).
(a) (Form of Application) Applications for Contract Carrier Permits must be made in writing to the Department and be on the prescribed application forms of the Department. Copies of the blank forms will be furnished applicant upon request. All applications shall contain the following information:
(i) The name and address of the applicant. If the applicant is a corporation, the names and addresses of the officers shall be set forth therein. If the applicant is a partnership, the names and addresses of the individual partners shall be set forth.
(ii) A statement whether applicant intends to transport passengers and/or property. Property set forth in the statement shall be described in terms of specific commodities.
(iii) A description of the area to be served by applicant in terms of Counties over irregular routes.
(iv) An agreement to charge an amount not less than the rate or fare required to be charged by common motor carriers rendering the same class and kind of service over the same route(s) or area proposed to be served by the applicant.
(b) (Issuance) Contract Carrier Permits will be granted without fees immediately unless the service proposed by applicant would appear to unduly compete in whole or in part with any common motor carrier serving the same route or territory, in which event, the Department may hold a hearing in accordance with Department Rules and Regulations, Chapter III - Appeals and Hearings, to determine whether or not the proposed operations of the applicant would unduly compete with the operations of such common motor carrier. If a permit is granted, the department will attach to said permit such provisions as deemed necessary to ensure that applicant will not impair the operations of, or unduly compete with any common carrier, and such other provisions or conditions as are necessary to the proper exercise of the permit so granted.
The Department may issue a permit for the full or partial exercise of the privilege sought.
A Contract Carrier Permit and a Common Carrier Certificate shall not be granted by the Department to the same person if each would authorize the same service on or within the same route(s) or territories or portions thereof.
(c) Informal hearings shall be held if the commodity to be transported is an irregular route common motor carrier commodity defined in W.S. 31-18-101.
(a) (Form of Application) Applications for Private Carrier Permits must be made in writing to the Department and be on the prescribed application form of the Department. Copies of the blank form will be furnished applicant upon request. All applications shall contain the following information:
(i) The name and address of the applicant. If the applicant is a corporation, the names and addresses of the officers shall be set forth therein. If the applicant is a partnership, the names and addresses of the individual partners shall be set forth.
(ii) A complete statement as to the nature of the applicant's business so the Department may determine from the information given if the proposed operations will constitute private carriage.
(c) (Issuance) Private Carrier Permits shall be issued immediately unless the applicant has not submitted sufficient information to identify the proposed operations as those of a bona fide private carrier, or unless it appears to the Department that the proposed operation or the equipment to be used therein will not be safe in accordance with the safety regulations set forth hereunder in Section 27.
(d) Effective January 1, 1992, private motor carriers operating vehicles which have a gross vehicle weight of twenty-six thousand (26,000) pounds or less are exempt from the motor carrier act (W.S. 31-18-101 through W.S. 31-18-701), except all private motor carriers shall comply with hazardous materials regulations as adopted by the Department.
(a) (Form of Application) Applications for Interstate Carrier Permits must be made in writing to the Department, and be on the prescribed application forms of the Department. Copies of the blank forms will be furnished applicant upon request. All applications shall contain the following information:
(i) The name and address of the applicant. If the applicant is a corporation, the names and addresses of the officers shall be set forth therein. If the applicant is a partnership, the names and addresses of the individual partners shall be set forth.
(ii) A statement whether applicant intends to carry property or passengers or both.
(iii) Proof that similar authority has been granted to the applicant by the Interstate Commerce Commission or, if the applicant transports exempt commodities under the Federal Motor Carrier Act, as amended, a description of such commodities and a statement that transportation thereof is exempt from regulation by the Interstate Commerce Commission.
(b) (Issuance) Interstate Carrier Permits shall be issued immediately upon application, provided that the applicant has complied with the requirements contained in this section; and further provided that it appears to the Department that the proposed operations or the equipment to be used will be safe in accordance with the safety regulations set forth hereunder in Section 27.
(c) (Safety Regulations) All holders of Interstate Carrier Permits shall be governed by the same safety rules and regulations as holders of intrastate operating authority while within the borders of the State of Wyoming.
(a) The following definitions shall apply to this section.
(i) 'Towing and recovery service' means the transportation upon the highways of the State of Wyoming of damaged, disabled or abandoned vehicles, together with personal effects or cargo. Wrecker service, tow car service and garage tow truck service or hauling by rollback vehicles are synonymous and shall be termed 'Towing and Recovery Service'.
(ii) A 'wrecker' or 'tow vehicle' is any motor vehicle which has been altered or designed and equipped for and primarily used for the purpose of towing or hauling vehicles by means of a crane, hoist, tow bar, dolly or rollback vehicles.
(iii) 'Department' as referred to in this section is the Wyoming Department of Transportation.
(b) Specifications -- The following specifications shall be required of the four classes of tow vehicles. A boom, cradle, tow plate or tow sling is not required if a rollback vehicle is used.
(i) Class 'A' Tow vehicles shall have a:
(A) Gross vehicle weight of 7,500 pounds.
(B) Boom capacity of not less than 5,000 pounds.
(C) Winch pulling capacity of not less than 5,000 pounds. Equipped with not less than 3/8 inch independent wire cable.
(D) Cradle, tow plate or tow sling with a lift rating of 3,500 pounds and a tow rating of 5,000 pounds to pick up vehicles.
(ii) Class 'B' Tow vehicles shall have a:
(A) Gross vehicle weight of 10,000 pounds.
(B) Boom capacity of not less than 8,000 pounds.
(C) Winch pulling capacity of not less than 8,000 pounds. Equipped with not less than 3/8 inch independent wire cable.
(D) Wheel lift retracted rating of 6,000 pounds and an extended rating of 3,500 pounds. (If so equipped)
(E) Cradle, tow plate or tow sling with a lift rating of 3,500 pounds; tow rating of 8,000 pounds to pick up vehicles.
(F) Dual rear wheels and tires, or large flotation tires and wheels.
(iii) Class 'C' Tow vehicles shall have a:
(A) Gross vehicle weight of 20,000 pounds.
(B) Double boom capacity of not less than 16,000 pounds each or single boom capacity of not less than 28,000 pounds.
(C) Winch pulling capacity of not less than 28,000 pounds equipped with not less than 1/2 inch independent wire cable.
(D) Under-reach retracted rating of 10,500 pounds and an under-reach extended rating of 7,500 Pounds (If so equipped).
(E) Cradle, tow plate or tow sling with lift rating of 7,500 pounds, tow rating of 12,000 pounds to pick up vehicles.
(F) Dual rear wheels and tires, or large flotation tires and wheels.
(iv) Class 'D' Tow vehicles shall have a:
(A) Gross vehicle weight rating of 30,000 pounds.
(B) Double boom capacity of not less than 20,000 pounds each or single boom capacity of not less than 40,000 pounds.
(C) Winch pulling capacity of not less than 40,000 pounds with not less than 9/16 inch independent wire cable.
(D) Auxiliary air brake lines and hoses that shall be connected with bus, tractor, trailer or other towed vehicles when required as a matter of public safety.
(E) Dual rear wheels and tandem axle drive or large flotation tires and wheels with tandem axle drive.
(F) Under-reach retracted rating of 25,000 pounds, 12,000 pounds under-reach extended (If so equipped).
(G) Tow sling or tow bar lift rating of 12,000 pounds.
(c) Classes of Tow vehicles. Tow vehicles shall be inspected by Highway Patrol or Department personnel and classified as follows:
(i) CLASS 'A': Tow vehicles designated as Class 'A' shall only service vehicles not in excess of 5,000 pounds GVW.
(ii) CLASS 'B': Tow vehicles designated as Class 'B' may perform all services authorized for class 'A' and may service all vehicles, provided they do not exceed 10,000 pounds GVW.
(iii) CLASS 'C': Tow vehicles designated as Class 'C' may perform all services authorized by Classes 'A' and 'B' and may also service other vehicles provided they do not exceed 18,000 pounds GVW.
(iv) CLASS 'D': Tow vehicles designated as Class 'D' may perform services authorized for Classes 'A', 'B', and 'C' and service vehicles exceeding 26,000 pounds gross weight.
(d) Lighting Requirements. The following lighting requirements shall be required.
(i) At least one but not more than two red or red and blue light(s) visible from all sides when in operation. These lights shall be used only at an accident scene when traffic is required to stop.
(ii) Two 4' diameter or larger flashing amber lights, mounted as high as practical, and visible from both front and rear. These lights shall be used at an accident scene when traffic is not required to stop. In lieu of the above, commercially manufactured high intensity light bars with colors as authorized by Wyoming statute, may be used.
(iii) Towed vehicles shall display working taillights, turn signals, and stop lights which are controlled by the operator of the towing vehicle.
(e) Additional equipment requirements. All tow vehicles shall be equipped with the following:
(i) All safety equipment as prescribed by the U.S. Department of Transportation Safety Regulations within CFR Title 49, as adopted by the Department.
(ii) Adequate equipment capable of removing glass and other debris as prescribed in W.S. 31-5-117(B).
(f) Restrictions
(i) All tow vehicles shall be operated in compliance with all traffic laws and regulations.
(ii) Motor carriers operating tow vehicles not meeting the requirements of these rules may be subject to disciplinary action by the Department which could result in the suspension or cancellation of the carrier's operating authority.
(g) Application for Permit
(i) Before performing a towing service as a private or contract motor carrier, the owner or lessee of the tow vehicle shall apply for and receive a permit from the Department. The application shall be submitted on forms furnished by the Department.
(ii) Upon receipt of the application and before issuing the permit, the Department shall cause an inspection to be made of the tow vehicle. A copy of the inspection shall be sent to the motor vehicle services program to be placed in the carrier's file. In order to receive a permit, the tow vehicle must meet the specifications for the class requested and the owner or lessee must certify that the information furnished is correct.
(h) Inspection
(i) The Department shall cause an inspection to be conducted annually prior to July 1st to determine the condition of the tow vehicle and its equipment. A copy of the inspection form shall be sent to the motor vehicle services program to be placed in the carrier's file and a copy carried in the vehicle.
(ii) Tow vehicles not meeting the requirements of these rules may have their permit cancelled.
(i) In an emergency, peace officers are authorized to use any qualified or nonqualified equipment necessary.
(ii) Peace officers, while in the performance of their duties, will not be responsible for the payment of services performed by tow and recovery vehicle operators.
(a) (Form of Application) Application for authority to transfer certificates shall be jointly made and filed with the Department by the transferor and transferee, with an accompanying copy of the agreement between both parties providing for such transfer. Such application shall contain the following information:
(i) A description of the motor vehicles to be used over the route(s) or territory to be served, with information as to which vehicle(s), if any, are to be transferred to the transferee.
(ii) Changes, if any, in schedule or method of operation.
(iii) Current financial statement of transferee.
(iv) Current financial statement of transferor, showing in detail any and all outstanding liabilities incurred in operations under the certificate.
(b) (Partial Transfer) A transfer of a portion of the operating rights of an existing certificate shall effect a segregation of such certificate into two (2) separate and distinct certificates, one of which embraces the operating rights retained by the transferor and the other of which embraces the operating rights transferred. Each of the certificates resulting from such segregation shall be separately administered by the Department as though both certificates had been issued independently of each other.
Pending the determination of an application to transfer a Common Carrier Certificate, or portion thereof, a petition may be submitted to the Department by the person proposing to acquire the operating authority requesting temporary approval to operate the motor carrier properties sought to be transferred for a period not to exceed ninety (90) days. The petition should set forth the facts and circumstances relied upon to establish that failure to grant temporary operating authority may result in injury to or the destruction of the motor carrier properties sought to be acquired or to substantially interfere with the future ability of the holder of the Certificate to give adequate and continuous service to the public.
All applications for the extension or broadening of the operating rights under an existing permit or certificate by the addition therein of new commodities to be transported and/or new routes or territories to be served must be made and filed with the Department. Forms may be obtained upon request from the Department.
(a) No regular route common motor carrier shall discontinue operations, close terminals or change its method of service under the Certificate without first obtaining approval therefor from the Department. Such approval can only be obtained upon the filing with the Department of a petition setting forth therein reasons for such discontinuance.
(b) The discontinuance of operations by a common motor carrier for reasons other than those over which the carrier has no control must be limited to a reasonable period of time, unless the approval of the Department has been obtained for such discontinuance; any discontinuance beyond a reasonable period of time without approval of the Department shall be deemed just cause for the revocation (in whole or in part) by the Department of the certificate held by the common motor carrier. Any discontinuance caused by circumstances over which the common motor carrier has no control should be brought to the immediate attention of the Department by notice thereof from such carrier at the time it becomes apparent that the carrier cannot avoid the discontinuance.
(a) As new or additional units are added by the motor carrier under an existing certificate or permit, a copy of the current certificate or permit shall be placed and carried in each of the additional power units.
Where a permit is cancelled by the Department for good cause or failure to file prescribed evidence of insurance, the carrier must file an application for a new permit.
(a) Permits and fees for towing motor vehicle permits and single trip permits shall be obtained at ports of entry or from highway shop clerks.
(b) Applications permits and fees for oversize and overweight vehicles shall be obtained at Department ports of entry, highway patrol and highway shops for loads in excess of 150,000 pounds gross weight operated on state highways, contact overweight load movements office, Cheyenne.
All qualified motor carriers shall comply with the size and weight limits set forth in W.S. 31-18-801 through 31-18-808.
(a) (Certificate Numbers) Upon granting a certificate to a motor carrier, the Department shall assign a permanent number to such Certificate for the purpose of identification thereof.
Where two (2) certificates are segregated by partial transfer in the manner provided in Section 15(b) hereinabove, the retained operating rights shall continue to be designated by the same number assigned to the certificate from which the segregation is effected; and the certificate embodying the transferred operating rights shall be assigned a new number.
(a) (Qualification of Leased Motor Vehicles) All motor vehicles which have been leased by a carrier holding a Certificate or Permit from this Department must be qualified by the lessee in order to operate under that operating authority.
When motor vehicles owned by one carrier holding operating authority from this Department are leased to another person, a copy of the lessee's current certificate or permit shall be carried in the power unit. During the term of the lease, the lessee shall have complete control of the leased motor vehicle and will be fully responsible for the operation thereof, in accordance with the applicable statutes, laws and regulations, including the requirements of these Rules and Regulations concerning safety of equipment and the inspection thereof and insurance coverage.
(b) (Terms and Conditions of the Lease) All leases shall be in writing and signed by the parties thereto. Said leases shall specify the term of the lease (the period of time which the lease is to be in effect) and the consideration to be paid by the lessee.
During the entire term of the lease a carrier holding a certificate or permit issued by this Department shall at all times carry an original or a certified or photocopy of the lease in each vehicle covered by the provisions of the lease so that the same may be available for inspection by representatives of the Department or other authorized persons.
The Department shall at all times have the right to examine all leases of motor vehicle equipment, and approve or disapprove the same.
(c) (Regulation of Equipment Leasing) where it appears that a lease arrangement may be used by a carrier and a shipper or any other combination of persons to evade or escape some aspect of regulation which is within the jurisdiction of the Department an investigation shall be instituted and a formal complaint issued if necessary. If the Department determines that the lessor and lessee entered into a lease of motor vehicle equipment to evade or escape regulation by Wyoming Statutes or the Rules and Regulations of the Department promulgated thereunder, the Department may request the Attorney General to institute proceedings in the courts of the State or take whatsoever action it deems necessary and proper.
(a) All Common and Contract Motor Carriers must file evidence of prescribed insurance as required by the Department (The Rules and Regulations of the Department governing the filing and approval of policies of insurance or other securities and agreements by Common and Contract motor Carriers and the forms prescribed for certificates of insurance, endorsements and notices of cancellation can be found in Chapter III, Insurance Requirements).
(b) Private and Interstate Carriers are not required to file evidence of insurance with the Department.
All Common Motor Carriers transporting collect-on-delivery (C.O.D.) shipments must file with the Department a surety bond in the amount of one thousand dollars ($1,000.00) to provide adequate security for the remittance to shippers of all money collected on such shipments. The bond will be filed on a form prescribed and approved by the Department.
This Department requires that all carriers operating under authority of permits or certificates issued by order of this Department comply strictly with:
(a) all Wyoming laws pertaining to safety of operation, and such rules and regulations that have been promulgated thereunder by the Wyoming Department of Transportation.
(b) the following hazardous materials regulations of the United States Department of Transportation; 49 CFR Parts 171 through 174.81 and 177 through 180, and
(c) the following motor carrier safety regulations of the United States Department of Transportation; 49 CFR Parts 383, 390, 391, 392, 393, 395, 396 and 397 for interstate Transportation and as amended in the appendix to Chapter I for intrastate transportation.
(a) (Common Carrier Rates, Fares and Charges). The rates, rules, and regulations contained in the Wyoming intrastate motor carrier and bus tariffs prescribed by and published by the Department, are the only rates, rules and regulations which may be used in determining the lawful charge for the transportation of passengers or property by common motor carriers within the State of Wyoming. Common motor carriers shall compute their rates and charges in the same method and manner as provided in the applicable tariff and common motor carriers are limited to provisions provided in the tariff. Copies of such tariffs may be obtained by directing a request to the motor vehicle services program of the Department. The charge and annual subscription fee will be set by the Department by notice relative to the respective tariff.
(b) (Contract Carriers) It is unlawful for any contract motor carrier, when rates or fares to be charged by common motor carriers have been fixed by the Department, to charge any less rate or fare than that fixed by the Department. Contract motor carriers are required to comply with all rules and regulations contained in the applicable common motor carrier tariffs. Contract motor carriers shall compute their rates and charges in the same method and manner as provided in the applicable common motor carrier tariff and are limited to provisions provided in the tariff.
No contract motor carrier operating in competition with any common motor carrier shall give or cause any undue or unreasonable advantage or preference to those serviced as compared with the patrons of any competitive common motor carrier. Nor shall a contract motor carrier subject the patrons of the common motor carrier to any undue or unreasonable discrimination or disadvantage, or by unfair competition destroy or impair the service or business of any common motor carrier or the integrity of the state's regulation of common motor carriers or transportation operations.
(a) Common and contract motor carriers are required to use and carry in their motor vehicles at all times uniform bills of lading, showing all property then being transported, to deliver copies to both consignor and consignee and to retain a copy for the inspection of the Department.
A combination bill of lading and freight bill, setting forth complete information and Transportation charges, may be used. The combined form of bill of lading and freight bill shall be issued in at least triplicate and shall consist of an original, a shipping order copy and a memorandum copy. The number of memorandum copies as desired may be issued but each copy shall carry a notation showing whether it is the original, shipping order or memorandum copy. The shipping order copy must be retained by the carrier for a period of three years for the purpose of inspection by the Department at its convenience.
(b) The carrier may, in lieu of executing the combination bill of lading mentioned above, execute a separate bill of lading and a separate freight bill; provided, however, that all information required is shown thereon.
(c) Where more than one vehicle is used in transporting a shipment the bill of lading or memorandum showing information required on the bill of lading shall be carried on each vehicle during transportation of such shipment. Such memorandum must refer to the bill of lading covering the entire shipment. (See W.S. 31-18-209 and 31-18-210).
(d) Interstate motor carriers hauling for hire shall carry in their motor vehicles a bill of lading or other shipping document showing all property then being transported for inspection by the Wyoming Highway Patrol upon request. (See W.S. 31-18-211).
(e) Private motor carriers are not required to carry in their motor vehicles a bill of lading or other shipping document, except when transporting a hazardous material as required in 49 CFR 177.817 as adopted by the Department.
The requirement for intrastate private carriers will be governed by the appendix to Chapter I, Section 27 of the Rules and Regulations governing motor carriers.
(a) (Complaints) Complaints may be made by the Department on its own motion or by any corporation or person, authorized carrier, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization or any political body or municipal corporation, setting forth in writing any act or thing done or omitted to be done by any motor carrier alleged to be or have been in violation of any provisions of law or any order, rule or regulations of this Department.
Each complaint shall show the venue 'Before the Wyoming Department of Transportation' at the top and shall bear a heading showing the name(s) of the complainant(s), the name(s) of the respondent(s), and shall contain the following information:
(i) The full name and post office address of each complainant;
(ii) The full name and post office address of each respondent;
(iii) A clear and complete statement of the alleged violation complained of together with such other facts as will give the Department and the respondent(s) a full understanding of the nature of such violation;
(iv) A definite statement of the exact relief which is desired.
All complaints shall be signed by complainants or their counsel and submitted with copies sufficient in number for service upon all respondents therein so that an answer may be made thereto.
(b) (Petitions) All petitions filed with the Department must be in writing and must set forth the full name and post office address of the Petitioner(s), all the facts on which the petition is based and a request for an order granting the affirmative relief sought with a reference to the particular provision(s) of law(s) or Department rule(s) authorizing such an order.
(c) (Claims) All claims against any holder of a certificate or permit by consignor or consignee, for damage done to shipments while in transit which are not adjusted within a reasonable time either by the carrier or by the insurance company protecting the carrier must be filed in writing with the Department and contain therein all the facts upon which the claim is based and be accompanied by a copy of the bill of lading and the freight bill covering such shipment.
Claims for overcharges shall be handled as provided for in the respective tariff. If not specifically provided in the tariff, the claim shall be filed direct with the carriers accompanied by the original paid freight bill, or indemnity bond in lieu thereof, and any other document necessary in proof of overcharge claimed.
(d) (Petitions for changes in Rates) Any change, addition or cancellation of the rates, rules and regulations published in Wyoming Intrastate Motor Carrier Tariffs that is desired by common motor carriers, shall be brought before the Department in petition form. Each petition shall contain substantially the following information:
(e) (Complaints concerning charges) All complaints concerning charges by a common or contract motor carrier operating under authority from the Department should be directed to the motor vehicle services program and should state the basis of the complaint in the form set out in "a" above.
(a) Practice and procedure for Hearings before the Department shall be as provided in Chapter III, Rules and Regulations of the Wyoming Department of Transportation.
(b) Any party in interest or any person or party authorized under Chapter 18 of Title 31 to file for an original hearing before the Department may appeal to an appellate hearing panel appointed by the Transportation Commission in the same manner, and to the same extent, as provided in the Wyoming Administrative Procedure Act. Appendix:
This appendix consists of the following:
A. Part 1. A preface containing Wyoming-specific cross-references, changes, omissions and additions to 49 CFR Parts 383, 390, 391, 392, 393, 395, 396 and 397.
B. Part 3. Appendix G to Subchapter B - minimum periodic inspections standards.
C. Part 4 Schedules I, II, III, IV and V of Controlled Substances in their federal form, referred to in the rules.
PART 1
CROSS-REFERENCES, ETC.
The cross-references set forth below are of general application throughout the rules reproduced in Part 2 of this Appendix and are to be applied except where the context of the rule clearly requires otherwise.
(a) References to "state" shall mean the State of Wyoming.
(b) References to "Interstate" shall mean "Intrastate".
(c) References to "farms" and "farmers" shall include "ranches" and "ranchers".
(d) References to "Federal" shall mean "Wyoming".
(e) References to such federal persons and entities such as "Secretary", "Federal Highway Administrator" or "Administration", "Regional Director", "District Director" and other similar references shall mean the Wyoming Department of Transportation, its employees, and its duly designated agents, including the Wyoming Highway Patrol enforcing these Rules pursuant to W.S. 37-8-501(b). The Department of Transportation, in order to promote efficiency in government and to avoid duplication of skills, personnel and effort may designate other personnel to provide technical expertise and assistance to the Department of Transportation as the need arises.
Section 390.3(c) is omitted.
Section 390.3(f) is changed to read:
(f) Exceptions - The described types of transportation exempted from regulation by W.S. 37-8-103 shall not be affected by Section 28.
(i) Motor carriers operating wholly within the confines of any Wyoming municipality;
(ii) Motor carriers transporting persons or property solely between a Wyoming municipality and airports considered adjacent thereto;
(iii) Motor carriers operating wholly within the confines of any highway construction project. Any operation on the highway outside of the actual construction site is not exempt;
(iv) Transportation on his own motor vehicle or combination of vehicles having a gross vehicle weight of less than Fifty-five Thousand (55,000) pounds by any farmer or rancher, or the employee of a farmer or rancher exclusively in his service, transporting produce or commodities for his own use to and from his farm or ranch.
(v) The exchange of transportation in their own motor vehicles or combination of vehicles having a gross vehicle weight of less than Fifty-five thousand (55,000) pounds by farmers or ranchers, or employees of farmers or ranchers exclusively in their service, when the exchange is between farmers or ranchers, or their employees, in the immediate community.
(vi) The exclusive transportation of children to and from school;
(vii) The transportation of sick, injured or deceased persons by ambulance or hearse;
(viii) Transportation by motor vehicle when the motor vehicle is owned and operated by the United States, the State of Wyoming or any subdivision thereof;
(ix) Motor carriers engaged in the exclusive transportation of the United States Mail, involving rural routes with delivery being made to individual mail boxes;
(x) Car pooling if not for hire or profit; and
(xi) Transportation by motor vehicle on non-state highways;
(xii) Any "exempt intracity zone" operation as defined in Section 390.5. Section 390.3(i) is added.
(i) Clarifications. A wrecker-tower does not become a carrier of hazardous materials by virtue of providing recovery and towing services with respect to a motor vehicle which is transporting hazardous materials in quantities requiring placarding. Anything to the contrary in these rules notwithstanding, for purposes of the 26,001 pound weight exemption threshold, the weight of a towing and recovery vehicle shall be calculated without reference to any vehicle being towed or recovered by it, except in the case of Part 393 where the definition of "commercial motor vehicle" set forth in Section 390.5 shall apply.
Section 390.5 has been provided with a new preamble and selected new and changed definitions.
Section 390.5 Definitions. All definitions set forth in W.S. 37-8-101 are incorporated herein by this reference. In addition, in this Subchapter and for the purposes of these rules;
"Air-mile" means an international nautical mile of approximately 6,076 feet measured in a straight line and not on an over-the-road basis.
"Commercial motor vehicle" means any self-propelled or towed vehicle used on public highways in interstate or intrastate commerce to transport passengers or property when;
(a) The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds; or
(b) The vehicle is designed to transport more than fifteen passengers, including the driver; or
(c) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued by the United States Secretary of Transportation under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1813).
"Exempt intracity zone" means the geographic area of a municipality or the commercial zone of that municipality described by the Interstate Commerce Commission in 49 CFR Part 1048 revised as of May 19, 1988. The descriptions are printed in Appendix F to Subchapter B of this Chapter. It shall also include any area in which the exemptions of W.S. 37-8-101(a)(i) and (ii) apply. The foregoing notwithstanding, an exempt intracity zone shall not exist unless the exemptions of W.S. 37-8-101(a)(i) or (ii) apply thereto.
"Exempt motor carrier" means a person engaged in transportation exempted from regulation by the Department of Transportation, including from its safety regulations, as set forth and specifically enumerated in W.S. 37-8-103. The exemption for certain farm and ranch vehicles with a weight of 55,000 pounds gross vehicle weight as set forth in W.S. 37-8-103(a)(iv) and (v).
"Farmer" means any person who operates a farm or ranch or is directly involved in the cultivation of land, crops or livestock which (a) are owned by that person; or (b) are under the direct control of that person.
"Farm-to-market agricultural transportation" means the operation of a motor vehicle controlled and operated by a farmer who:
(a) is a private motor carrier of property;
(b) is using the vehicle to transport agricultural products from a farm owned by the farmer or to transport farm machinery or farm supplies to or from a farm owned by the farmer; and
(c) is not using the vehicle to transport hazardous materials of a type or quantity that require the vehicle to be placarded in accordance with 49 CFR Section 177.823.
(d) This definition does not include any transportation specifically exempted from regulation by W.S. 37-8-103(a)(iv) or (v), as those exemptions now exist.
"Farm vehicle driver" means a person who drives a motor vehicle that is -
(a) controlled and operated by a farmer as a private motor carrier of property;
(b) being used to transport either -
(1) agricultural products, or
(2) farm machinery, farm supplies, or both to and from a farm;
(c) not being used in the operation of a for-hire motor carrier;
(d) not carrying hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with 49 CFR Section 177.823; and
(e) being used within 150 air-miles of the farmer's farm.
"Gross vehicle weight" means the total weight of a vehicle or vehicle combination including the unladen weight of the vehicle or vehicle combination plus the maximum legal declared weight of the load to be carried in or on the vehicle or vehicle combination. [W.S. 378-101(a)(xx)] as defined by 31-1-101(A)(VII).
"Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer as the loaded weight of a single vehicle.
'Motor carrier' means a common, contract, private or interstate motor carrier operating on state highways as hereinafter defined;
'Contract motor carrier' means any person operating other than as a common motor carrier, engaged in the transportation of persons or property by motor vehicle on state highways for compensation;
'Interstate motor carrier' means any person engaged in the transportation of persons or property by motor vehicle from one (1) state to another for compensation;
'Irregular route common motor carrier' means any person who undertakes for compensation to transport livestock, petroleum and petroleum products, oil field equipment and supplies excluding water, charter bus service, special bus service, bulk cement, household goods by motor vehicle and when transported by pneumatic trailer, flyash, soda ash, potash, refined bentonite and refined silica sand on state highways for any member of the public and who holds himself out as being willing to undertake the transportation over irregular routes without fixed termini;
'Private motor carrier' means any person engaged in business who transports over state highways without compensation his employees or property of which the person is the owner, lessee or bailee used in the furtherance of any commercial enterprise or the transportation of tools of the trade having a total weight in excess of two hundred (200) pounds. As used in this paragraph 'commercial enterprise' means activities of those persons engaged in the exchange, purchase or selling of commodities or renders [rendering] a service in related financial transactions and 'tools of the trade' means any article necessary to a person in the efficient prosecution of his trade or calling;
'Regular route common motor carrier' means any person who undertakes for compensation to transport persons or property by motor vehicle on state highways for any member of the public and who holds himself out as being willing to undertake the transportation over regular routes with fixed termini. [W.S. 37-8-101(a)(x)] The term 'motor carrier' includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning or dispatching of drivers and employees concerned with the installation, inspection and maintenance of motor vehicle equipment or accessories. For purposes of these rules, the definition of 'Motor carrier' includes the term 'employer' but excludes 'exempt motor carrier'. [W.S. 37-8-103]
'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on highways [W.S. 37-8-101(a)(xi)] and can, for purposes of these rules, include a 'trailer' as defined below, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to a street railway service.
'Private motor carrier of passengers' means a person who is engaged in an enterprise and provides transportation of passengers, by motor vehicle, that is within the scope of, and in the furtherance of that enterprise.
'Private motor carrier of property' means a person who provides transportation of property by motor vehicle, and is not a for-hire motor carrier.
'School bus' means a passenger motor vehicle for the exclusive transportation of children to and from school. [W.S. 37-8-103(a)(vi)]
'School bus operation' means the exclusive transportation of children to and from school. [Such operation is exempt from regulation by Wyoming. [W.S. 37-8-103(a)(vi)]]
'Trailer' means a vehicle without propelling power designed to be drawn by a motor vehicle. The term includes the following vehicles as hereinafter 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 on highways. [W.S. 37-8-101(a)(xviii)(A)]
(b) 'Semi-trailer' means a trailer designed and used in conjunction with a motor vehicle that some part of its weight and that of its load rests upon or is carried by another vehicle. [W.S. 37-8-101(a)(xviii)(B)]. Pole trailers are differentiated for certain purposes under these safety rules.
(c) 'Utility trailer' means any trailer less than 6,000 pounds gross weight ordinarily pulled by or attached to a motor vehicle. [W.S. 37-8-101(a)(xviii)(C)]
(d) 'Full trailer' means any trailer other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing unit. A semi-trailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer.
(e) 'Pole trailer' means any trailer which is designed to be drawn by another motor vehicle and attached to the towing vehicle by means of a 'reach' or 'pole' or by being 'boomed' or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which are generally capable of sustaining themselves as beams between the supporting connections.
Section 390.9 is omitted.
Section 390.23 contains a new preamble.
The Department of Transportation directs that any motor carrier seeking relief from Section 395.3(b) shall contact the Wyoming Highway Patrol to request such relief.'
Section 390.27 is omitted.
Section 390.37 is changed by omitting references to 'Part 325 of Subchapter A'.
Section 391.2(c) is changed to read:
(c) Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) motor vehicle that has a gross weight, including its load, of more than 55,000 pounds. (For limited exceptions for farm vehicle drivers of heavier articulated vehicles, see Section 391.67.) Section 391.11(b)(1) is changed to read:
(1) is at least eighteen (18) years old;
Section 391.47(e) is changed to read:
(e) Petition for review, burden of proof. The driver or motor carrier may obtain review of the Department of Transportation's determination either by filing a Petition for Rehearing with the Department of Transportation or by appealing as from any other final order of the Department of Transportation. The burden of proof, in either case, rests with the petitioner.
Section 391.49 is changed to read:
As determined by Department of Transportation, driver control program for intrastate drivers only.
Section 391.49(b) references to another section of the rules listing offices of the Director, Regional Motor Carrier Safety Office are omitted.
Section 391.51(g) references to another section of the rules listing offices of the Director, Regional Motor Carrier Safety Office are omitted. Section 391.69 is omitted.
Section 391.83(c) is omitted.
Section 391.87(f) is changed to read:
(f) A motor carrier shall produce upon demand and shall permit the Wyoming Highway Patrol and the Department of Transportation to examine all records related to the administration and results of controlled substance testing performed under this part. Section 393.93(d) is omitted.
Section 393.94(d) is omitted.
Section 393.100(f) is omitted.
Section 393.102(g) is omitted.
Section 393.104(c) is omitted.
Section 395.3(b)(3) is revised by omitting the phrase 'to any driver driving a motor vehicle in the State of Alaska, as provided in paragraph (e) of this Section, or'.
Section 395.3(e) is omitted.
Section 395.3(f) is changed to read:
(f) In the case of specially trained drivers of specially constructed oil well servicing vehicles, on-duty time shall not include waiting time at a natural gas or oil well site; provided, that all such time shall be fully and accurately accounted for in the records to be maintained by the motor carrier. Such records shall be made available upon request to the Wyoming Highway Patrol and the Department of Transportation.
Section 395.8(k)(2) is revised by omitting references to the Regional Director's offices.
Section 395.8 (L)(1) and (L)(1)(i) are changed to read:
(1) Exemptions (1) 150 air mile radius driver. A driver is exempt from the requirements of this section if:
(i) The driver operates within a 150 air mile radius of the normal work reporting location, provided that, if the driver is transporting hazardous materials in a quantity requiring placarding, this exemption applies only when the driver is driving solely within a 100 air mile radius with the driver's work reporting location.
Section 395.12 is changed to read:
'Relief from regulations'. These regulations shall not apply to any carrier subject thereto when transporting passengers or property to or from any section of the State with the object of providing relief in case of earthquake, blizzard, flood, fire, famine, drought, epidemic, pestilence, adverse driving conditions, or other calamitous visitation or disaster.
Section 395.13(a) is changed to read:
(a) Authority to declare drivers out of service. Every officer of the Wyoming Highway Patrol, as an agent of the Department for the purpose of enforcing these rules pursuant to W.S. 37-8-501(b) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.
Section 397.3 is revised by omitting the words 'unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint.'
Section 397.19 is revised by omitting references to the addresses and jurisdictions of the Regional Directors.