Wyo. Code R. 045-0005-1
Effective Date: 07/02/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0005.1.07022024
Section 1. Authority. These rules of practice and procedure are promulgated by authority of W.S. 24-2-105, W.S. 31-4-103, W.S. 31-7-103, W.S. 31-7-305, W.S. 31-7-310, W.S. 31-7-401, W.S. 31-7-501, W.S. 31-8-101, W.S. 31-8-203, and W.S. 31-9-103.
(a) Statutory Interpretations. These rules provide uniform, understandable interpretations of the undefined portions of the following:
(i) W.S. 31-7-101 through W.S. 31-7-502, Driver's License Act;
(ii) W.S. 6-3-615, Use of false identity, citizenship or resident alien documents, penalty;
(iii) W.S. 31-9-101 through W.S. 31-9-415, Motor Vehicle Safety-Responsibility Act; and
(iv) W.S. 31-4-103, Failure to maintain liability coverage; penalties; exceptions.
(b) Implementation. These rules also implement, as currently amended, the following:
(i) W.S. 31-7-310, Rulemaking authority;
(ii) Title 6 Code of Federal Regulations (C.F.R.) Part 37, Real ID driver's licenses and identification cards; and
(iii) Title 49 C.F.R. Subchapter B, Federal Motor Carrier Safety Regulations, Parts 383, 384, and 390.
(c) Applications and Examinations Guidance. These rules also provide guidance regarding applications and examinations for obtaining the following:
(i) Driver's licenses, commercial driver's licenses, and temporary and instructional permits;
(ii) Extensions or expirations of valid driver's licenses;
(iii) Grounds for cancellation or denial of licenses and permits;
(iv) Grounds for disqualification, downgrade, and suspension;
(v) Notices of intent to disqualify, suspend, deny, cancel, or revoke; and
(vi) Procedures for providing hearings.
Section 3. Definitions. All definitions as set forth in W.S. 31-7-102 apply to these rules. As used in these rules and regulations, the following terms have the following meanings:
(a) “24/7 restricted driver’s license” means a restricted driver’s license issued by the Department pursuant to W.S. 31-7-501 through W.S. 31-7-502 and these rules.
(b) “Birth certificate” means an individual’s birth record that is permanently stored, electronically or physically, at the State Office of Vital Statistics or equivalent agency in a registrant’s state of birth.
(c) “Certified copy” referred to in W.S. 31-7-111(a) means:
(i) An original official document with original signatures, seals, and information entries; or
(ii) A reproduction of an original official document on file at a government agency that bears the following:
(A) Custodian certification that the document on file is valid;
(B) The certifying individual’s original signature; and
(C) The office seal (if applicable).
(d) “Commercial driver’s license (CDL) downgrade” means:
(i) A driver’s state-allowed change of their self-certification to interstate only while operating exclusively in transportation or operation excepted in Section 6 of these rules;
(ii) A driver’s state-allowed change of their self-certification to intrastate only while operating exclusively in transportation or operation excepted in Section 6 of these rules; or
(iii) The state’s removal of the CDL privilege from a driver’s license.
(e) “Deny or Denial” means the refusal to issue or renew a driver’s license or identification card (ID), as provided in W.S. 31-7-108 and W.S. 31-8-101(b) and by these rules.
(f) “Department” means the Wyoming Department of Transportation.
(g) “Domicile” as referred to in W.S. 31-7-117(c), means the residence of a parent or guardian with legal custody who signs an affidavit of extreme inconvenience.
(h) “Driver’s license record” may include one or more of the following:
(i) “Driving history record” means any record maintained by the Department as required by W.S. 31-5-1214(f) and W.S. 31-7-120;
(ii) “Verification record” means any document scanned as proof of identity, residence, or social security number as required by W.S. 31-7-111(a) and (b)(iv); or
(iii) “Medical record” means a medical or visual evaluation or federal medical examiners certificate held by the Department as required by law.
(i) “False document” means a document that a trained examiner determines to be altered, counterfeit, or otherwise fraudulent; a document presented by a person not legally possessing the document; or both.
(j) “Federal Motor Carrier Safety Regulations (FMCSR)” means Title 49 C.F.R. Parts 383, 390 through 397, and 399.
(k) “Ignition interlock restricted license” means a restricted driver’s license issued by the Department pursuant to W.S. 31-7-401 through W.S. 31-7-404 and these rules.
(l) “Individual” means any man, woman, or child or individual business or organization on whom the Department keeps records or maintains information.
(m) “Investigation” means:
(i) A review of medical or vision information submitted by a qualified medical professional to evaluate an individual’s ability to maintain ordinary and reasonable control of a motor vehicle based upon examination results. This review may also involve evaluating an individual’s character and habits.
(ii) “Fraud investigation” means a formal evaluation or inquiry of the following:
(A) Information from any driver’s license or ID applications;
(B) Identifying documents;
(C) Digital images, signatures, or driving records;
(D) Other information a trained examiner receives to determine authenticity, lawful status, or violations of state or federal laws and regulations; or (E) Activities performed by Department employees while working that violate Department rules or state or federal law.
(n) “Manual transmission” (also known as stick shift, stick, straight drive, or standard transmission) means a transmission utilizing a driver-operated clutch activated by a pedal or lever and a gear-shift mechanism operated by hand or foot.
(o) “Moving violation” means a motor vehicle driver’s act of control or lack of control while the vehicle is moving that results in a conviction, including a conviction for violating a driver’s license restriction.
(p) “National Driver Register” means Public Law 86-660 of 1960 setting forth the National Driver Register. This law was expanded in 1966 under Public Law 89-563 and again in 1982 under Title 2, National Driver Register Act to Establish an Index on Adverse Driver Licensing Actions Taken by State Administrators.
(q) “Person” means an individual, organization, or entity, but does not include this state or an agency thereof.
(r) “Proof of identity document” or “legal identity document” means as defined in Title 6 C.F.R. Part 37.11(c) and W.S. 31-7-111, as currently amended.
(s) “Regular job” as referred to in W.S. 31-7-117(c), means any employment requiring a minimum 10-hour workweek.
(t) “Restrictions” means the following restrictions that may be placed and imposed on a driver’s license, commercial driver’s license (CDL), commercial learner’s permit (CLP), or permit in an encoded form (see Driver’s License Restriction Codes Table).
Driver's License Restriction Codes Table
| Licenses Issued On or After January 1, 2014 | Licenses Issued On or After July 1, 2024 | ||
|---|---|---|---|
| Encoded Form | Restriction Name | Encoded Form | Restriction Name |
| A | Automatic Transmission | A | Automatic Transmission |
| B | Corrective Lenses | B | Corrective Lenses |
| C | Mechanical Aids (such as special brakes, hand controls, or other adaptive devices) | C | Mechanical Aids (such as special brakes, hand controls, or other adaptive devices) |
| D | Prosthetic Aid | D | Prosthetic Aid |
| E | No Manual Transmission (CDL only) | E | No Manual Transmission (CDL only) |
| G | Daylight Driving Only | G | Daylight Driving Only |
| I | Limited Others (contact the Department for details about this restriction) | I | Limited Others (contact the Department for details about this restriction) |
| J | Valid without Photo and/or Signature | J | Valid without Photo and/or Signature |
| K | CDL Intrastate Only | K | Intrastate Only (CDL/CLP only) |
| L | Vehicles without Air Brakes (CDL only) | L | Vehicles without Air Brakes (CDL/CLP only) |
| M | Except Class A Bus (CDL only) | M | Except Class A Bus (CDL only) |
| N | Except Class A and B Bus (CDL only) | N | Except Class A and B Bus (CDL only) |
| O | No Tractor-Trailer Fifth Wheel Coupler (CDL only) | O | No Tractor-Trailer Commercial Motor Vehicle (CDL only) |
| P | No Passenger (CLP only) | P | No Passenger (CLP only) |
| Licenses Issued On or After January 1, 2014** | Licenses Issued On or After July 1, 2024** | ||
|---|---|---|---|
| Encoded Form | Restriction Name | Encoded Form | Restriction Name |
| R | Class M Only - Four-Wheel Recreation Vehicles Only | R | Class M Only - Four-Wheel Recreation Vehicles Only |
| T | Except Tractor-Trailer (CDL only) | ||
| V | Must have Variance Letter or Skill Performance Evaluation (SPE) Certificate in Possession | V | Must have Variance Letter or SPE Certificate in Possession (CDL/CLP only) |
| X | No Cargo in Tank (CLP only) | X | No Cargo in Tank (CLP only) |
| Z | No Full Air Brake System (CDL only) | Z | No Full Air Brake System (CDL only) |
(i) A CDL/CLP applicant who is at least 18 years old but not yet 21 years old shall have the CDL/CLP Intrastate Only (K) restriction imposed, except while operating under an FMCSR exemption.
(ii) A CDL applicant who is applying for a hazardous materials endorsement (HME) shall pass all required knowledge tests and comply with Transportation Security Administration requirements in 49 CFR Part 1572. If the HME applicant is at least 18 years old but not yet 21 years old, the CDL shall have the Intrastate Only (K) restriction imposed, except while operating under an FMCSR exemption.
(iii) A CDL/CLP applicant who has a medical or visual condition, as defined in FMCSR, that normally prohibits them from operating a commercial vehicle on the interstate shall operate a commercial vehicle with a CDL/CLP Intrastate Only (K) restriction unless the driver possesses a medical waiver issued by the Federal Motor Carrier Safety Administration (FMCSA).
(iv) An applicant who passes the CDL skills test with a truck or truck-tractor pulling a trailer or semi-trailer with a pintle hook or other non-fifth wheel connection shall have a No Tractor-Trailer Commercial Motor Vehicle (O) restriction imposed.
(v) An applicant who passes the CDL skills test using a combination vehicle that is not a truck-tractor semi-trailer combination, but is otherwise equipped with a fifth wheel, shall have a No Tractor-Trailer Commercial Motor Vehicle (O) restriction imposed.
(vi) An applicant who has applied for a CLP and passed a written examination for a Tank Endorsement (N) shall have a No Cargo in Tank (CLP only) (X) restriction imposed.
(vii) An applicant who has applied for a CLP and passed a written examination for a Passenger Endorsement (P) shall have a No Passenger (CLP only) (P) restriction imposed.
(u) “School” as referred to in W.S. 31-7-117(c), means a primary place of education where an individual attends regularly scheduled classes, excluding places where only extracurricular activities take place.
(v) “Social security number” means the number assigned by the Social Security Administration or other tracking and identification numbers or letters deemed appropriate by the Department.
(w) “Third-party agreement” means an agreement provided by the Department and signed by an individual responsible for the third-party tester.
(x) “Third-party examiner” means a third-party tester’s payroll or volunteer employee whom the Department certifies to administer approved driver’s license skills tests.
(y) “Third-party tester” means any government entity, association, educational institution, or business entity engaged in using commercial motor vehicles that the Department certifies to administer approved driver’s license skills tests.
(z) “Trained examiner” means a Department employee who has completed and passed the American Association of Motor Vehicle Administrators Fraudulent Document Recognition Level 1 and Level 2 training courses to recognize altered, counterfeit, or fraudulent documents.
(a) Proof of Identity.
(i) Applicants shall present proof of identity or legal identification documentation with each application and complete a Department-provided application.
(ii) Applicants without proof of identity or legal identification documentation, as defined in Section 3(r) of these rules, may present alternative documentation that the Department’s Driver Services Program manager shall approve before license, permit, or ID issuance.
(iii) If a trained examiner suspects a fraudulent proof of identity or legal identification document, the examiner shall seize the document, provide a receipt for the seized document (whenever possible), and contact local law enforcement.
(iv) If law enforcement refuses to receive the seized material, the examiner shall send the document to the Driver Services Fraud Unit for review. The Fraud Unit shall hold the document while determining authenticity.
(A) If the document is authentic, and the person who presented the document possesses it legally, then the Fraud Unit shall return the document.
(B) If the document is false, or the person who presented the document does not possess it legally, then the Fraud Unit shall retain the document.
(b) Additional Identifying Information.
(i) In addition to the information specifically requested on the application, as called for by statute, applicants shall provide additional identifying information including natural eye and hair color as well as status of United States citizenship.
(ii) Applicants who are not United States citizens shall provide proof of “lawful status” or “temporary lawful status” in the United States, as defined in Title 6 C.F.R. Part 37.3.
(c) Medical History.
(i) Applicants shall answer medical history questions (covering the previous two years) as requested on the application.
(ii) Applicants answering affirmatively to any of the medical questions or listing any physical or mental disabilities may be required to have a qualified medical professional complete the Department-provided medical form.
(d) Social Security Number.
(i) All applicants for driver’s licenses, instruction permits, or IDs shall provide their social security number to the Department.
(ii) Non-commercial driver’s license or instruction permit applicants who do not have a social security number shall submit a sworn affidavit under penalty of perjury stating they do not have a social security number.
(iii) Commercial driver’s license (CDL) applicants who have a conscientious objection to disclosing their social security number may be issued a pseudo-number upon submitting a written request to the Department stating the basis for objection.
(e) CDL Applicants.
(i) All CDL applicants shall certify the type of driving they can perform and shall self-declare if they are exempt or non-exempt when applying.
(ii) Non-exempt applicants shall present a valid federal medical examiner’s certificate from a qualified national registry doctor to the examiner.
(A) Applicants with expired federal medical examiner's certificates shall provide the Department with a new, valid federal medical examiner's certificate or, if no longer medically qualified or exempt, submit a new self-certification or have their commercial driving privilege removed from their driver's license.
(B) If an applicant does not comply with preceding (ii)(A), the Department shall downgrade the license to a non-commercial class license.
(C) An applicant with a valid federal medical examiner's certificate with a medical waiver shall present a letter or skill performance evaluation certificate upon application or renewal.
(iii) If an applicant has an exempt status, the applicant shall present a document showing they are operating under an exemption as allowed in Title 49 C.F.R. Parts 390.3(f), 391.2, 391.68, or 398.3.
(iv) CDL applicants who request to waive the knowledge test, skills test, or both under the Federal Motor Carrier Safety Regulations may be excused from one or more required tests if the Department can verify the applicant's qualifications. Applicants shall submit the appropriate waiver request for Department review.
(f) Expiration. Driver's licenses issued to applicants under the age of 21 shall expire on the applicant's twenty-first birthday except when the following occurs:
(i) A restricted Class C license, Class M license, or both shall expire 30 days after the licensee's sixteenth birthday; or
(ii) An intermediate license shall expire 30 days after the licensee's seventeenth birthday.
(g) Screening. All applicants shall be screened through the Problem Driver Pointer System (PDPS) and the Driver's License Number (DLN) Survey for licensing eligibility. PDPS and the DLN Survey shall show a status of 'eligible' or 'licensed' before license issuance.
(h) Immigrant Licenses and IDs.
(i) Licenses or IDs issued to immigrants without permanent 10-year resident status shall be temporary credentials valid only for the period authorized on the documents presented to and verified by the Department.
(ii) Credentials issued to temporary immigrants shall be identified with a suffix code of NR (non-resident) in the license's class field (for driver's licenses only), and/or 'LIMITED TERM' shall be printed across the top of the credential.
Section 5. Name Changes. Name changes for adoptions, marital status changes, or other legal proceedings may be made when applying for any service.
(a) Name Changes for Legal Proceedings. Applicants shall present an original copy of the official document authorizing the name change (such as a marriage certificate, divorce decree, or court order) to the examiner upon application.
(b) Name Change Requirements. Name changes not authorized in legal proceedings may be granted if the name is not used for fraudulent purposes, does not infringe on the interests or rights of others, is not prohibited by any judicial or administrative adjudication, and is otherwise legal.
(c) Affidavit of Name Change.
(i) Applicants shall complete the Department’s Affidavit of Name Change form, sign the affidavit in a trained examiner’s presence, and provide a certified copy of their proof of identity document.
(ii) The affidavit described in subsection (c) shall include:
(A) The applicant’s full first, middle, and last names as shown on the applicant’s proof of identity document;
(B) The applicant’s full first, middle, and last names as changed;
(C) The applicant’s date and place of birth;
(D) The applicant’s present mailing address and residential address (if different from the mailing address);
(E) The applicant’s natural or adoptive mother’s full name, including both married and maiden name (if applicable);
(F) The applicant’s natural or adoptive father’s full name, including both married and maiden name (if applicable);
(G) Any other names the applicant used during the preceding 10 years. The affidavit shall also list the dates and places (by state, county, and city) where each name was used;
(H) Each address where the applicant has resided during the last 10 years and the duration the applicant resided at each location;
(I) The applicant’s current job title, employer, employer address, and physical work site address or location as well as all previous job titles and employers from the preceding 10 years, including each employer’s address and physical work site address or location;
(J) The applicant’s certification that the requested name change and use of such name on any license or identification card (ID) issued by the Department, in whole or in part, meets the provisions provided in subsection (b) of this section; and
(K) The applicant’s certification of understanding that it is unlawful to use a false or fictitious name on any application or affidavit and that any Department-issued license or ID shall be canceled for failing to give the required or correct information.
Section 6. Commercial Driver’s License (CDL) Exemptions. Pursuant to W.S. 31-7-303, the following drivers are exempt from the general requirement under W.S. 31-7-106(a) to obtain a CDL:
(a) Farmers and Ranchers. Farmers and ranchers, including their employees and family members, are exempt when operating farm or ranch vehicles that are:
(i) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm or ranch;
(ii) Not used in common contract motor carrier operations;
(iii) Used anywhere within the state if registered in Wyoming as a farm vehicle; and
(iv) Used within 150 air miles of a farm or ranch if travelling across state lines.
(b) Firefighters and Other Emergency Response Personnel. Emergency response personnel are exempt when operating commercial motor vehicles (such as fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles used for emergency response) that are:
(i) Necessary to preserve life or property or execute emergency governmental functions;
(ii) Equipped with audible and visual signals; and
(iii) Not subject to normal traffic regulation.
(c) Snow and Ice Removal Drivers. Drivers whom eligible units of local government employ to operate commercial motor vehicles within locality boundaries to remove snow or ice from roadways by plowing or salting are exempt if:
(i) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or (ii) The governmental entity determines that a snow or an ice emergency exists and additional assistance is required.
(d) Military Personnel. Military personnel who operate commercial motor vehicles for military purposes are exempt and include the following:
(i) Active duty military members;
(ii) Military reserve members;
(iii) Active duty National Guard members, including full-time duty or part-time training personnel as well as military technicians (civilians required to wear military uniforms); and
(iv) Active duty U.S. Coast Guard personnel.
(e) Other Drivers. Drivers not listed in subsections (a) through (d) who operate a vehicle or vehicle combination having a gross vehicle weight rating of 39,001 pounds or more shall obtain a non-commercial Class C license with a (Z) endorsement.
(a) Exceptions.
(i) An application or a renewal-by-mail notice may be sent to a Wyoming resident who is temporarily out of state.
(ii) Renewal-by-mail notices shall be sent to eligible licensees unless one or more of the following provisions apply:
(A) The applicant’s license, operating privilege, or both has (or have) been canceled, revoked, denied, or disqualified in the five years immediately preceding the license expiration date;
(B) The applicant holds:
(I) A J-restricted (Valid without Photo and/or Signature) license, as provided in Section 8 of these rules;
(II) A commercial driver’s license (CDL) with the Hazardous Materials Endorsement issued pursuant to W.S. 31-7-304(e); or
(III) A CDL and does not have a valid federal medical examiner’s certificate as required by W.S. 31-7-304(f).
(C) The applicant is licensed as a temporary immigrant; or (D) The applicant legally changed their name since the last license issuance.
(b) Military Personnel Applications. Applications for military personnel and their dependents shall be processed in the same manner as provided for in W.S. 31-7-119(c) and W.S. 31-7-119(g).
(i) Active duty military personnel applying in person for renewal of their Wyoming driver's license who present an expired license, not expired more than five years, shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g) and not charged a fee.
(ii) If the licensee does not want the expiration waived when accompanied by an active duty military identification card (ID) for an imposed I-restricted (Limited Others) license, the licensee shall be treated as a non-military client.
(iii) Dependents of active duty personnel applying in person for renewal of their Wyoming driver's license who present an expired license shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g) and charged the renewal fee.
(iv) Renewal applications for active duty military personnel or their dependents, whether received in person or by mail, shall have the active duty status verified electronically by the Department.
(v) Renewal-by-mail applications the Department receives from active duty military personnel or their dependents, whether postmarked before or after the license expiration date, shall be processed pursuant to W.S. 31-7-119(c) and W.S. 31-7-119(g). Active duty military personnel shall not be charged a fee to renew their Wyoming licenses.
(vi) Renewal-by-mail applications the Department receives from active duty military personnel or their dependents shall be accompanied by an updated digital photograph of the applicant if the last photograph on file with the Department is more than 10 years old.
(vii) If an applicant or a dependent no longer qualifies as active duty military and is applying in person or by mail for renewal of their Wyoming driver's license that was issued previously with an out-of-state address, the applicant shall present two documents with a valid physical Wyoming address, in accordance with W.S. 31-7-111(a), dated within 45 days of the application date.
(c) Expired Renewal-by-Mail Applications.
(i) Unless received from active duty military personnel or their dependents, renewal-by-mail applications the Department receives more than 30 days after the license expiration date shall be denied and returned with the applicant's enclosed fee.
(ii) Unless presented by active duty military personnel, any renewal-by-mail application presented in person to a driver’s license examiner after the license expiration date shall be denied, and the applicant shall be processed as a first-time applicant and charged the required fee.
(a) Wyoming REAL ID. To be accepted by a Federal agency for official purposes, Wyoming REAL ID driver’s licenses and IDs shall include the cardholder’s signature and full facial digital photograph on the front of the card. Photograph and signature standards shall comply with Title 6 C.F.R. Part 37.17 and the American Association of Motor Vehicle Administrators (AAMVA) standards.
(i) Photograph. The photograph shall exhibit a full facial frontal pose with both eyes visible and shall be taken pursuant to the following standards:
(A) The photograph may be in black and white or in color.
(B) Lighting shall be equally distributed on the face.
(C) The face from crown to the base of the chin and from ear to ear shall be clearly visible and free from shadows.
(D) Veils, scarves, or headdresses shall not be permitted unless a person requests and is granted an exemption for medical or religious reasons. If an exemption is granted, such items shall not obscure any facial features and shall not generate shadows.
(E) The person shall not wear eyewear that obstructs the iris or pupil of the eyes nor take any action to obstruct a photograph of their facial features.
(F) When possible, the eyes shall appear with no dark shadows in the eye-sockets caused by the brow. The iris and pupil of the eyes shall be clearly visible.
(G) Care shall be taken to avoid “hot spots” (bright areas of light shining on the face).
(H) A new photograph shall be taken at each in-person renewal unless the person requests the previous photograph be used for medical reasons, as long as the previous photograph was taken within the previous 10 years.
(ii) Signature. The cardholder’s signature shall be a digitally printed reproduction of the driver’s original signature.
(b) Valid without Photo and/or Signature (J-Restricted) Licenses. At its discretion, the Department may issue a temporary, J-restricted (Valid without Photo and/or Signature)
license under certain circumstances. Any license issued as J-restricted shall have the words “FEDERAL LIMITS APPLY” on the license, and the license shall not comply with the REAL ID Act of 2005, Public Law 109-13, Title 8 United States Code §1101, et seq.
(i) Eligibility.
(A) A Valid without Photo and/or Signature (J) restriction may be issued if:
(I) A person applies to the Department for a renewal of a valid Wyoming driver’s license and is unable to return to Wyoming or if an equipment malfunction caused the license to be unusable, and the person has left the state for an extended period;
(II) A person complies with the vision requirements found in these rules;
(III) A person submits the required fee to the Department; and
(IV) The Problem Driver Pointer System and Driver’s License Number Survey do not show an ineligible status in any state.
(B) A licensee who holds a commercial driver’s license (CDL) shall not be issued a J-restricted license.
(ii) Requirements for Surrendering J-Restricted Licenses. Individuals holding a J-restricted license shall surrender it within 30 days after returning to Wyoming; obtain a Wyoming license with a photograph, signature, or both; and pay the required fee.
(a) Applications.
(i) A parent or guardian with legal custody shall sign any affidavit (application) for a restricted Class C, Class M, or both license(s) and shall include a Wyoming Highway Patrol (WHP) finding that extreme inconvenience exists.
(ii) The application shall also:
(A) Set forth the purpose(s) for which the applicant needs to drive;
(B) State the names and relationships of validly licensed drivers residing at the same domicile as the applicant and provide a statement of the reasons these licensed drivers cannot provide transportation for the applicant;
(C) State the class(es) of license desired; and (D) Include statements from the school superintendent or principal and employer (if applicable) verifying enrollment and school hours, including extracurricular activities, and employment and work hours (if applicable).
(iii) Other circumstances WHP finds are an extreme inconvenience shall be limited to the need to provide transportation to individuals living in the applicant’s domicile for medical or health purposes if:
(A) The medical or health reason is a long-term condition requiring transportation for at least six months; and
(B) A signed statement from a qualified medical specialist familiar with the medical or health condition is submitted describing the condition, its duration, and the need for transportation resulting from it.
(b) Expiration.
(i) Applicants failing to apply for a restricted license within 30 days of the affidavit’s approval shall be required to submit another affidavit to WHP.
(ii) Restricted Class C and Class M licenses shall expire 30 days after the licensee’s sixteenth birthday.
Section 10. Oaths. Authorized driver’s license examiners may accept all oaths, affidavits, or verifications required to obtain a license or permit or to include the gift of life designation, next of kin designation, medical alert designation, or veteran’s designation.
(a) Vision Screening. Applicants for first-time and renewal driver’s licenses and instruction permits may be required to pass a vision screening when issued a license or permit. The driver’s license examiner may approve license issuance for the following:
(i) Non-commercial drivers if the vision screening given by an examiner, optometrist, or ophthalmologist dated within 12 months of the application shows:
(A) A minimum visual acuity of 20/40 with both eyes, with or without corrective lenses; and
(B) A total combined horizontal field of vision with both eyes of at least 120 degrees, or, if blind in one eye, at least 90 degrees in the other eye.
(ii) Commercial drivers if the vision screening given by an examiner, optometrist, or ophthalmologist dated within 12 months of the application shows:
(A) A minimum visual acuity of 20/40 with each eye, with or without corrective lenses; and
(B) A minimum horizontal field of vision of 70 degrees in each eye.
(C) Commercial drivers who do not meet the vision standards in this section shall have the CDL/CLP Intrastate Only (K) restriction imposed based upon the required vision screening or federal medical examiner’s certificate from a qualified national registry doctor.
(D) Commercial drivers with monocular vision who do not meet the vision standards outlined in this section but comply with the Federal Motor Carrier Safety Administration’s (FMCSA) vision standard are eligible for interstate driving upon the Department’s receipt of a federal medical examiner’s certificate from a qualified national registry doctor that is valid for no more than 1 year from the date of issue of the certificate.
(iii) Applicants with a visual acuity of 20/50 or worse, with or without correction, that demonstrate the ability to operate a motor vehicle safely, and the license is issued with the appropriate restrictions based upon the vision screening and driving skills test results.
(iv) Applicants who previously failed the vision screening if they present a written vision statement from an optometrist or ophthalmologist dated within the last three months showing an acuity as outlined in immediately preceding paragraph (i) or (ii) with or without corrective lenses.
(v) Applicants with an eye disease or condition diagnosed in a vision screening from an optometrist or ophthalmologist and who have license restrictions in place as recommended by the optometrist or ophthalmologist.
(b) Knowledge and Driving Skills Tests. The driver’s license examinations shall include a legal qualifications determination to hold a license. Applicants may also be required to pass a knowledge test of traffic regulations and regulatory signs and demonstrate the ability to operate a motor vehicle of the class and type for which application is made.
(i) Applicants who have not held a valid driver’s license in the particular class or type being applied for in the preceding two years immediately before applying shall take all knowledge and driving skills tests the Department requires. This section shall not apply to CDL holders who have been downgraded in accordance with Section (4)(e)(ii)(B) of these rules on or after July 1, 2024, unless the CDL has been expired for two or more years in this or any other state.
(ii) A minimum grade of 80 percent shall be required to pass the knowledge test. Examiners shall give knowledge tests orally if determined necessary.
(iii) Vehicles used for the driving skills tests shall meet the requirements found in W.S. 31-5-901 through W.S. 31-5-1402. Any special mechanical devices on any motor vehicle shall be properly installed and inspected before the driving skills test is administered.
(iv) At the examiner's discretion, the driving skills test may be waived for a first-time applicant for a graduated driver's license if the applicant presents a certificate signed by the teacher and school administrator within the previous two years showing completion of a driver's education course approved by the Wyoming Department of Education or a driver training course certified by the Wyoming Department of Transportation.
(v) Commercial driver's license (CDL) applicants who are exempt from having a CDL, as provided in Section 6(d) of these rules, may qualify for a waiver of the knowledge test, driving skills test, or both by completing the Department's certification form. At a minimum, the certification shall verify that, during the two-year period immediately before application, the applicant:
(A) Has not possessed more than one driver's license;
(B) Has not had any driver's license or driving privileges suspended, revoked, or canceled;
(C) Has not had any CDL or driving privileges disqualified;
(D) Has not had more than one conviction for any serious traffic violations or a record of an at-fault or uninsured accident (as defined in W.S. 31-7- 102[xli] and the Department's rules); and
(E) Has at least two years of experience operating the same vehicle type and class for which application is being made within the preceding 12 months following discharge from the military, and was:
(I) Regularly employed within the last 12 months in a military position requiring commercial motor vehicle operation; and
(II) Exempted from CDL requirements in Title 49 C.F.R. Part 383.3(c).
(F) To qualify for the knowledge test waiver, has one of the following military occupational specialties or occupational classifications:
(I) U.S. Army: 88M - Motor Transport Operator, 92F – Fueler, 14T - Patriot Launching Station Operator;
(II) U.S. Marine Corps: 3531 - Motor Vehicle Operator;
(III) U.S. Navy: EO - Equipment Operator; or
(IV) U.S. Air Force: 2TI - Vehicle Operator, 2FO – Fueler, 3E2 - Pavement and Construction Equipment Operator.
(vi) Applicants shall also provide all other information required by Federal Motor Carrier Safety Regulations (FMCSR).
(vii) When renewing a CDL, the licensee shall provide a vehicle representing the driver's license type and class for which application is being made so the Department can administer a driving skills test, if required. The written and driving skills testing requirements may be waived, except that testing requirements FMCSR mandate may not be waived, and written and driving skills tests shall not be waived if the licensee has had any driver's license or driving privileges disqualified, revoked, or canceled.
(viii) School Bus Endorsement applicants shall also pass the required test(s) for and be issued a Passenger (P) Endorsement. Testing for a School Bus Endorsement includes written and skills tests in a school bus as required by FMCSR.
(ix) At the examiner's discretion, applicants may be required to demonstrate their ability to operate a motor vehicle safely as required by W.S. 31-7-122.
(a) Agreements.
(i) A third-party tester shall enter into an agreement with the Department to administer driving skills tests to applicants for commercial driver's licenses (CDLs).
(ii) The agreement shall include, but is not limited to, the following terms. The third-party tester shall permit:
(A) The Federal Motor Carrier Safety Administration (FMCSA), or its representative, and the Department to conduct random examinations, inspections, and audits of company records, facilities, and operations relating to the third-party testing program, with or without prior notice;
(B) The Department or FMCSA to conduct on-site inspections, audits, or both at least annually; and
(C) The transmission of schedules and testing scores, both pass and fail, via the Commercial Skills Test Information System (CSTIMS) as prescribed by the CSTIMS user manual. The Department may also test a sample of drivers examined by the third party to compare pass/fail results as deemed appropriate.
(b) Training and Certification.
(i) The third-party tester shall allow only those employees who complete the required Class A and B Third Party Training Certification Program and whom the Department certifies as third-party examiners to administer CDL skills tests and to issue skills test certificates.
(ii) Third-party examiners shall meet the same qualification and training standards as Department driver’s license examiners.
(iii) Third-party examiners shall complete training and certification provided by the Department’s Driver Services Program and have a certificate on file with the Department.
(c) Affidavits.
(i) CDL applicants who pass the driving skills test administered by an authorized third-party examiner shall provide evidence to the Department that they successfully passed the driving skills test.
(ii) All affidavits presented in place of taking a driving skills test or submitting a CDL Test History form shall be signed by the person tested and dated within the validity period for the commercial learner’s permit (CLP) the applicant held at the time of the test.
(iii) Affidavits shall not be accepted after the CLP expiration date.
(iv) A proper official of the legal entity having entered into a third-party tester agreement with the Department or a Wyoming driver’s license examiner shall execute all affidavits.
(d) Examiner Requirements. Third-party examiners shall:
(i) Conduct a 10-test minimum on different applicants within one year to maintain active examiner status. If a third-party examiner fails to complete 10 different tests, the examiner must attend a state-conducted refresher course or successfully administer a skills test to a state-certified examiner;
(ii) Hold a current, valid Wyoming CDL of the type and class for which they will test and not have been suspended, disqualified, revoked, or canceled in the last five years;
(iii) Complete a nationwide criminal background check. The report results shall be filed with the Department; and
(iv) Shall not act as both the examiner and trainer-instructor of a skills test applicant.
(e) Truck Driver Training Schools. Schools intended to train truck drivers shall be eligible to become third-party testers upon complying with the following:
(i) Schools shall be licensed with the Wyoming Department of Education, Private School Non-degree Program and shall provide a copy of the license to the Wyoming Department of Transportation;
(ii) Third-party testers or examiners shall not charge any fee for skills tests administered, except those fees and tuition allowed by the Wyoming Department of Education;
(iii) Third-party examiners shall test only individuals registered as students with schools licensed to act as third-party testers;
(iv) Truck driving schools shall also comply with all provisions of preceding Section 12(a) through (d) of these rules; and
(v) Third-party examiners for truck driving schools shall recertify annually with the Department.
(f) Certification Cancellation.
(i) Third-party testers or examiners shall have their certification canceled if the Department determines Wyoming statutes, Department rules and regulations, or the third-party agreement (including Attachment A) as signed by the third-party tester have been violated.
(ii) Third-party testers may be recertified upon satisfying the Department that all violations have been corrected and all third-party examiners have been retrained and recertified in accordance with these rules.
(g) Other Requirements.
(i) All non-government third-party testers shall file a $10,000 bond with the state and maintain the bond to retain Department certification.
(ii) All private institutions or departments not covered by Section 12(e) shall employ a minimum of 25 drivers for Department certification as a third-party examiner.
(a) Commercial Driver’s License (CDL) Testing Fees.
(i) A CDL skills test shall not be scheduled or conducted until the Department receives the required fee.
(ii) The applicant shall forfeit the required CDL skills test fee and not be refunded upon:
(A) Failure to appear at the scheduled time and location;
(B) Failure to cancel 24 hours before the scheduled time unless factors beyond the person’s control cause the failure to appear (such as road closures or documented medical emergencies);
(C) Failure of any portion of the required skills test; or
(D) Examiner rejection of the vehicle for faulty or unsafe equipment or equipment of the improper class or type. Failure to obtain, or the unavailability of, a vehicle of the proper class and type shall not be deemed as beyond the person’s control, and the fee shall be forfeited.
(iii) A CDL skills test shall not be rescheduled until the Department receives an additional skills test fee.
(b) Acceptable Payment Types. The Department shall accept personal checks for required fees if the check is made payable to the Department, printed (not handwritten) with the name and current address of the check issuer, and for the required fee amount. The Department shall not accept two-party or payroll checks.
(c) Record Fees.
(i) The fee for a driver’s license record shall be $10. Additionally, the Department shall charge $2.50 for processing a driver’s license record on the same business day if it is not requested in person at a driver’s license location.
(ii) The fee for a driver’s license record requested and searched electronically shall be $10.
(iii) Additional fees for programming costs shall be assessed as needed.
(a) Returned as Undelivered to Department. The Department shall hold a license or ID returned to the Department as undelivered for at least 60 days from the date the Department mailed it. If the Department receives no inquiry within the 60 days, the license or ID may be canceled.
(b) Licensee Notification. If a licensee notifies the Department within 60 days of the mail date that the license or ID was not received, another card shall be issued without fee if the person’s address has not changed. The licensee shall wait 30 days after the card has been mailed before the Department can issue a replacement license or ID.
(a) Moving Violations. Moving violations used in one suspension action may be used in a subsequent suspension action if the record, by adding a new moving violation(s), shows at least four moving violations within a 12-month period (using the offense date of the violations).
(b) Repeat Violators.
(i) The license of any person may be suspended for up to 12 months if the licensee is a repeat violator. The Department shall consider a licensee a repeat violator when its records show that a person has been convicted of three or more moving violations within a 12-month period.
(ii) The Department shall take the following actions with repeat violators:
(A) Provide written notification to violators regarding their three moving violation convictions within a 12-month period (using the offense date of the violations) and identify the possible consequences of receiving additional moving violation convictions;
(B) Suspend the violator’s license for 90 days upon receiving evidence of a conviction for a fourth moving violation (using the offense date of the violations) within a 12-month period; and
(C) Suspend the violator’s license for an additional 90 days upon receiving evidence of subsequent conviction(s) totaling four or more moving violations within a 12-month period (using the offense date of the violations).
(c) Other Violations.
(i) Upon receiving a record of conviction, the Department shall suspend a driver’s license for violations of W.S. 31-7-133 for 90 days.
(ii) Violators who fail to appear in court shall have their license suspended for up to 12 months or until they appear in court and comply with the citation conditions, whichever comes first.
(iii) Individuals suspended under the authority granted in W.S. 31-7-140 shall have their Wyoming driver’s license suspended until cleared by the court issuing such action.
(iv) The Department shall suspend an individual’s commercial driver’s license (CDL) for 90 days for any CDL endorsement violations.
(v) A driver’s license shall be reinstated upon payment of all state-required fees.
(a) Disqualification.
(i) Individuals disqualified under any of the commercial driver’s license (CDL) provisions of W.S. 31-7-305 and W.S. 31-7-310 shall have the cancellation become effective on the same date as the disqualification. A person shall be disqualified from operating a commercial motor vehicle for the following:
(A) Department receipt of a Federal Motor Carrier Safety
Administration (FMCSA) disqualification for any violation listed under Title 49 C.F.R Part 383.52. This disqualification shall commence immediately upon notification from FMCSA and remain in effect for as long as one year or until the Department receives notification from FMCSA that the disqualification has ended.
(B) 60 days if convicted of two serious traffic violations in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(C) 120 days if convicted of three serious traffic violations in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(D) 60 days if convicted of two serious traffic violations in a non-commercial vehicle arising from separate incidents occurring within a three-year period only if the second conviction results in a suspension.
(E) 120 days if convicted of three serious traffic violations in a non-commercial vehicle arising from separate incidents occurring within a three-year period only if the second or third conviction results in a suspension.
(F) Department receipt of a FMCSA disqualification for any violation listed under W.S. 31-7-305.
(ii) Individuals with lifetime disqualification resulting wholly or in part from involvement with alcohol or controlled substances shall be ineligible for relicensing until 10 calendar years from the disqualification date. After 10 years, the following provisions apply:
(A) A CDL shall not be issued until the Department receives a written request and investigates; additionally, the applicant shall comply with any restrictions and conditions imposed after the investigation. When writing to request reapplication, the applicant shall be subject to applicable requirements as defined in Section 16(d) and (e) of these rules.
(B) No person shall be issued a new CDL until the Department ends or reduces the disqualification, and the applicant is otherwise eligible for a CDL.
(I) Lifetime disqualification for using a motor vehicle while committing any felony involving the manufacturing, distributing, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance shall not be reduced to 10 years.
(II) Lifetime disqualifications for using a commercial motor vehicle in the commission of any felony involving human trafficking under W.S. 6-2-702, W.S. 6-2-703, or any similar federal regulation shall not be reduced to 10 years.
(C) Individuals with a CDL canceled by disqualification, but who are otherwise eligible, may be issued a non-commercial driver’s license.
(D) All applicants who have been disqualified from operating a commercial motor vehicle and subsequently reinstated shall pass all required knowledge and skills tests and pay the required fees.
(b) Denials and Cancellations. Individuals shall be denied license issuance or have an existing license canceled for any of the following reasons:
(i) The person is not legally, physically, or mentally qualified to hold a license; legal age or immigration status; previous disqualification, cancellation, denial, suspension, or revocation; failure to meet statutory requirements; or other reasons as may be described by Department policy, procedure, or other legal actions.
(ii) The Department receives a written medical statement from a qualified medical professional that the person is not medically, physically, or mentally capable of safe motor vehicle operation.
(A) This includes persons afflicted with a medical disorder resulting in loss, interruption, or lapse of consciousness, motor function, or both.
(B) The cancellation or denial shall not be reconsidered until the Department receives a written statement from a qualified medical profession stating the affliction no longer exists or is medically controlled.
(iii) The Department receives a written vision statement from an optometrist or ophthalmologist indicating the person’s:
(A) Best visual acuity, with or without corrective lenses, is worse than 20/100 with both eyes;
(B) Best visual acuity, with or without corrective lenses, is worse than 20/100 in the carrier lenses, and the bioptic telescope or other low-vision aid does not correct the visual acuity to at least 20/40;
(C) For non-commercial drivers, total combined horizontal field of vision with both eyes is less than 120 degrees, or, if blind in one eye, less than 90 degrees in the other eye; or
(D) For commercial drivers, horizontal field of vision is less than 70 degrees in each eye.
(iv) A person proves unable to demonstrate ordinary and reasonable skills to operate a motor vehicle safely as evidenced by investigation results. Upon the examiner’s recommendation, the person may:
(A) Apply for and receive an instruction permit, subject to any restrictions and conditions imposed by the Department;
(B) Hold the instruction permit for at least three months; and then
(C) Request, in writing, the Department investigate again to determine if a license will be issued.
(v) The Department receives a report from the U.S. Citizenship and Immigration Services (USCIS) indicating a non-U.S. citizen is not complying with immigration laws. In this instance, the license shall remain canceled, and the person shall not be allowed to reapply until the Department receives evidence from the USCIS that the applicant is eligible for a license.
(c) Downgrades. Upon receiving notice from FMCSA that a driver is prohibited from operating a commercial motor vehicle because of an alcohol and controlled substance program violation, the Department shall initiate the downgrade process to remove the commercial learner's permit (CLP) or CDL privilege from the driver's license within 60 days.
(d) Investigations.
(i) The Department shall investigate the driving ability, character, and habits of anyone who applies for reinstatement after revocation if revocation resulted from conviction involving alcohol or controlled substances or documented evidence the Department holds that the person has an alcohol or a substance abuse problem.
(ii) If Department investigation reveals any documented incidents in the interlock data log or convictions violating revocation, disqualification, or ignition interlock requirements and restrictions, within the six months immediately preceding the scheduled investigation's date, the Department may:
(A) Deny issuance of a new license;
(B) Deny application for at least six months; and
(C) Require the person to do the following:
(I) Provide evidence of completing or current attendance in an approved treatment or counseling program for alcohol, controlled substances, or both within the six-month denial period;
(II) Not receive any convictions or violations involving use of alcohol or controlled substances during the five-year term of any license issued after the investigation is completed; and
(III) Observe any other restrictions or conditions imposed by the Department.
(iii) Investigations may consist of a driving skills test in a vehicle representing the license type and class the applicant holds or for which the applicant is applying and any requirements or restrictions from an investigation completed under subsections (a) through (c) of this section.
(iv) The Department shall investigate the driving ability, character, and habits of anyone who applies for reinstatement of commercial driving privileges after a lifetime disqualification. If a Department investigation reveals any of the following, the request shall be denied:
(A) The applicant has not yet served a full 10 years from the start date of the last lifetime disqualification;
(B) The applicant is no longer licensed in this state and has been convicted in another jurisdiction of an offense listed in Title 49 C.F.R. Part 383.51 that would result in an additional lifetime disqualification if still residing in Wyoming;
(C) The applicant fails to complete the documentation required by the Department within six months of receiving the applicant’s request; or
(D) If any convictions resulting in the disqualification are related to alcohol or controlled substances and the applicant fails to provide evidence of successful completion of an appropriate rehabilitation program approved by the Department.
(v) The Department shall investigate a driver’s driving ability, character, and habits at the specific request of a law enforcement based upon observed impairment of the driver’s mental, physical, or visual ability.
(e) Reinstatement.
(i) Licenses shall be denied or non-resident operating privileges shall not be restored until one of the following requirements is satisfied. The individual shall:
(A) Submit a current evaluation for alcohol, controlled substances, or both by a counselor certified by the Wyoming Department of Health, Substance Abuse Division, or an equivalent out-of-state agency with evidence of satisfactory completion or current attendance in a recommended treatment course or counseling program;
(B) Provide verifiable evidence of their substantial compliance with W.S. 31-7-401 through W.S. 31-7-404 for the previous six months; or
(C) Provide verifiable evidence of their substantial compliance with W.S. 31-7-501 through W.S. 31-7-502 for the previous six months.
(ii) Individuals who violate restrictions imposed by the Department shall have their license canceled and cannot apply for a new license until proof is submitted that:
(A) The person has completed an approved inpatient program for alcohol, controlled substances, or both since the last known incident; or
(B) The person is currently enrolled and making satisfactory progress in a treatment program for alcohol, controlled substances, or both since the last known incident.
(iii) Individuals who have had a license revoked for a reason other than Section 16, subsections (b) through (c), shall be denied a license until the Department completes an investigation, and the person complies with any restrictions imposed by the Department resulting from the investigation.
(iv) Individuals whose CLP or CDL has been downgraded under Section 16(c) are required to complete the FMCSA prescribed return-to-duty process to have their commercial privileges reinstated as follows:
(A) If, before the Department completes and records the downgrade, the Department receives notification the CLP or CDL holder is no longer prohibited from operating a commercial motor vehicle, the Department shall terminate the downgrade process without removing the CLP or CDL privilege from the driver’s license; or
(B) If, after the Department completes and records the downgrade, the Department receives notification the driver is no longer prohibited from operating a commercial motor vehicle, the Department shall reinstate the driver’s CLP or CDL privilege.
(v) Any applicant whose commercial privileges have been downgraded for more than two years shall pass all required knowledge and skills tests and pay the required fees to obtain a CDL. This requirement shall not apply to applicants downgraded according to Section (4)(e)(ii)(B) of these rules on or after July 1, 2024.
Section 17. Surrender of License or Permit. A suspended, canceled, or revoked license or permit shall be considered surrendered when given to any Department Driver Services employee or law enforcement officer or when addressed and mailed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340, with an “Attention: Driver Services” line.
(a) Notification.
(i) Individuals whose driver’s license is disqualified, suspended, revoked, canceled, or denied shall be notified of the right to request a contested case hearing or record review.
(ii) The notification shall advise the person that:
(A) If the only reason for requesting a hearing is to receive limited driving privileges, then the request shall initiate a Department record review.
(B) If the request is for any purpose other than to receive limited driving privileges, then it shall initiate a contested case hearing before the Office of Administrative Hearings.
(b) Record Review Requests. Requests for record reviews of disqualifications, suspensions, revocations, cancellations, or denials for which limited driving privileges are not granted pursuant to W.S. 31-7-105 shall be denied.
Section 19. Requests for Contested Case Hearings or Record Reviews. All requests for a contested case hearing or record review arising from any driver's license related action shall be made in writing and addressed to the Wyoming Department of Transportation, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340 or sent electronically.
(a) Notification.
(i) A request for a contested case hearing or record review shall be considered timely if received electronically or postmarked within 20 days of the date the Department provided notice of the Department's intended action (to suspend, revoke, cancel, disqualify, or deny a driver's license) and is accompanied by the required fee.
(ii) If the Department receives a request for a hearing or record review electronically, payment shall be made within 48 hours after the payment link is sent by the Department.
(iii) If, during the investigation process, the Department determines additional information is necessary after accepting the hearing request, the requestor may be required to provide information as the Department directs before referral to the Office of Administrative Hearings.
(b) Computation of Time.
(i) The Department shall allow five days from the date the notice of intent was mailed to the person's last known address on file with the Department. The Department considers the order as received five days after mailing it unless law enforcement gives notice in accordance with W.S. 31-6-102.
(ii) If law enforcement does not give notice in person, the 20-day period to request a contested case hearing or record review shall begin on the sixth day after the Department gives notice of its intent, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.
(iii) If law enforcement gives notice in person, the 20-day period to request a contested case hearing or record review shall begin immediately, and the period shall conclude at midnight on the twentieth day thereafter unless that day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until midnight on the following business day.
(i) Except as provided in this subsection (c), no contested case hearing shall be granted unless the request is made in a timely manner.
(ii) Upon receiving a late request for a contested case hearing, the Department may grant a late hearing if satisfactory written evidence and documentation is submitted showing the lateness resulted from external factors beyond the petitioner’s control.
(iii) Upon receiving a late request for a record review, the Department may grant a probationary driver’s license for limited driving privileges if:
(A) The petitioner holds an unexpired, permanent driver’s license;
(B) The petitioner is otherwise entitled to limited driving privileges; or
(C) The Department receives satisfactory written evidence indicating that failure to grant the limited driving privileges will cause undue hardship.
(iv) If the Department denies a late request for a contested case, it shall refund the required fee.
(i) When a contested case hearing or timely record review is granted, the proposed action shall be stayed. The stay shall be effective the day the Department grants a contested case hearing or record review. Stays shall not be granted retroactively.
(ii) Stays shall continue as follows:
(A) For a contested case, until a contested case hearing is conducted before the Office of Administrative Hearings and a final order has been entered; or
(B) For a timely record review, the suspension dates are stayed for up to 30 days from the date the record review is granted or a probationary driver’s license for limited driving privileges is issued, as long as the individual still holds a permanent driver’s license that is not expired or has not otherwise been withdrawn.
(a) Conditions.
(i) Upon receiving a record review request, the Department shall issue an order granting a probationary license for one suspension action in a five-year period if the person:
(A) Holds an unexpired, permanent driver’s license and is otherwise eligible for a probationary license;
(B) Pays the required fee;
(C) Files and maintains an SR-22, when required, for a three-year period. A SR-22, when required, shall be on file with the Department before a probationary license is issued, and the probationary license shall be canceled if the Department receives a SR-26; and
(D) Submits a current evaluation for alcohol, controlled substances, or both by a counselor certified by the Wyoming Department of Health, Substance Abuse Division, when required.
(I) The evaluation shall recommend, at a minimum, an alcohol and substance abuse class meeting the Wyoming Substance Abuse Standards.
(II) The probationary license shall be issued when the person is enrolled in a class to be completed no later than 30 days after the suspension start date, upon proof of successful class completion, or both.
(III) Instead of the class, the counselor may recommend more extensive treatment. If treatment is recommended, the person shall submit proof of current enrollment and satisfactory progress in a treatment program for alcohol, controlled substances, or both since the last known incident.
(ii) Upon receiving an adverse counselor’s report, the Department shall deny or cancel the probationary license.
(b) Orders Granting Probationary Licenses.
(i) The Department shall issue a probationary license if the person is otherwise entitled to hold such a license and all required documents and fees have been received.
(ii) Orders granting a probationary driver’s license shall include the following information, terms, and conditions:
(A) The probationary license start and end dates;
(B) The days, times, and reasons when the person is authorized to drive;
(C) Applicants shall pay additional fees for probationary licenses that require changes or reissuing because of their need to drive for circumstances not contained in the original application;
(D) The holder shall always carry the probationary license and order when operating a motor vehicle; and
(E) Conviction for violating any traffic law, other than for parking, shall result in immediate probationary license cancellation without further hearing.
(a) Conditions.
(i) Subject to W.S. 31-7-105, an undue hardship exists if a person establishes that being unable to drive shall result in the inability to provide the person or person's dependents with the basic necessities of life (such as food, clothing, and shelter) and access to education.
(ii) Undue hardship does not exist if another licensed driver in the household is able to perform the required driving.
(b) Eligibility. The undue hardship applies only to individuals having the hardship for purposes of driving if the individual holds a current Wyoming driver's license or current out-of-state license and is suspended in Wyoming.
Individuals denied a probationary license after a Department record review or adversely affected by a Department record review decision are entitled to appeal the decision to the Office of Administrative Hearings. Persons appealing have 20 days from the date the Department denies the probationary license or gives notice of its record review decision to request a hearing before the Office of Administrative Hearings, or the opportunity for a hearing is waived. An appeal under this section shall be treated as an appeal for a contested case under W.S. 31-7-105(e).
Driver's license records include only those records as defined in Section 3 of these rules.
(a) Content of Records.
(i) Unless otherwise provided by statute, the Department shall make available a 3/10 year driving record in accordance with the provisions of W.S. 31-5-1214(f), W.S. 31-7-120, W.S. 16-4-202(a), and the Driver's Privacy Protection Act.
(ii) The driving history record shall reflect at least the following actions:
(A) All mandatory convictions, suspensions, revocations, or disqualifications;
(B) Uninsured accidents and accident suspensions; and
(C) Moving violations, moving violation suspensions, administrative per se suspensions, implied consent suspensions, financial responsibility requirements, and any other authorized administrative actions.
(b) Record Release and Exceptions. No “Driving History Record,” as defined under “Driver’s License Records” in Section 3 of these rules, shall be released except:
(i) Upon an individual record holder’s expressed written request;
(ii) To a third party upon presentation of a signed release from the record holder;
(iii) Upon written request by law enforcement, a government agency, or court to carry out official functions; or
(iv) Those permitted disclosures allowed in Wyoming Department of Transportation Rules and Regulations, Motor Vehicles and Licensing, Chapter 7, Motor Vehicle Records and Privacy.
(c) Verification and Medical Records. Records defined in these rules (Section 3, Driver’s License Records) as “Verification Records” or “Medical Records” shall not be released as part of any other record request, except upon the record holder’s expressed written consent as allowed in the Department’s Rules and Regulations, Motor Vehicles and Licensing, Chapter 7.
Section 24. Disabled Placard Applications. Eligible individuals, as defined by W.S. 31-2-213(d)(ii), or any person or agency responsible for transporting eligible persons shall complete an application for a disabled placard. The eligible person’s proof of identity shall be required upon placard issuance.
(a) Applicant Information. The application shall include the following:
(i) The applicant’s name, date of birth, address, and phone number;
(ii) Information about whether the applicant is requesting placards (and the number of placards) or is obtaining vehicle plates from the county treasurer; and
(iii) The applicant’s signature and the date.
(b) Medical Section. A physician, physician’s assistant, or an advanced practice registered nurse shall complete the medical section, and the application shall be submitted to the Department.
(c) Eligibility.
(i) Disabled placard issuance may result in a driver's license review to determine the eligible person's ability to operate a motor vehicle safely and verify the license reflects the proper restrictions for the stated condition. The medical information submitted on the application for a disabled placard is subject to the terms and conditions set forth in Section 16 of these rules.
(ii) Eligible individuals may appear in person at a driver's license exam office or apply by mail when applying for a disabled placard. If the eligible person is unable to appear but already exists as a client in the driver information system, a placard may be issued on the applicant's behalf to a family member or representative. The eligible person shall sign the application presented.
(iii) Permanent disabled placard issuance requires the applicant to be a Wyoming resident. Non-residents who meet the qualification outlined in W.S. 31-2-213(g) shall be issued a temporary disabled placard.
Section 25. Reinstatement After Child Support Suspensions. Upon receiving notice from the court or the Department of Family Services, the Department of Transportation shall reinstate the obligor's Wyoming driver's license and driving privileges upon payment of the $5 reinstatement fee if the license privileges are not suspended, canceled, disqualified, or revoked for any other reason. The Department shall send the license, if valid and on file, to the obligor's last known address on record with the Department.
(i) Ignition interlock restricted licenses shall not be issued to individuals holding a commercial driver's license (CDL) or who are otherwise ineligible by statute to hold an ignition interlock restricted license.
(ii) An application for an ignition interlock restricted license shall be made only after the Department receives a disposition from a court of an alcohol related conviction for W.S. 31-5-233, W.S. 31-5-234, or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).
(iii) Persons required to apply for an ignition interlock restricted license according to W.S. 31-7-402(e) and residing in another state may meet the ignition interlock license requirement by completing the Department's ignition interlock program as long as the Department's terms are met for the period required by Wyoming law.
(iv) Applications for ignition interlock restricted licenses shall be made if the Department receives notice from the 24/7 administrator, pursuant to W.S. 31-7-502(b), that a person has failed to comply with the 24/7 Sobriety Program requirements or otherwise ceases to participate in the program before completing it after being given the opportunity to pursue the administrative procedures provided by W.S. 31-7-105.
(b) License Restrictions. When eligible applicants complete all requirements for an ignition interlock restricted license and provide the Department with a certificate of installation from the ignition interlock service provider, the Department may issue the license if the applicant is otherwise eligible. Such licenses shall contain:
(i) An expiration date with a period not to exceed five years; and
(ii) The restriction IIR on the license, which states: 'Must operate a vehicle equipped with an approved Ignition Interlock Device.'
(c) Fees.
(i) Applicants shall pay any required reinstatement fees upon ignition interlock restricted license issuance and provide proof of financial responsibility.
(ii) In addition to any required reinstatement fees, applicants shall pay $100. This fee does not pertain to any ignition interlock restricted license applicant who qualifies as an indigent person as allowed in Section 26(d).
(iii) Persons applying for removal of the ignition interlock restriction after completing a revocation period shall meet the requirements of preceding Section 16(a) of these rules before removal of the ignition interlock restriction.
(d) Indigent Persons. Indigent persons may be eligible for partial payment by the Department. All the following shall apply:
(i) Anyone requesting assistance under W.S. 31-7-401(b)(vii) at the time of application shall be an active participant in the federal Supplemental Nutrition Assistance Program (SNAP) of the Wyoming Department of Family Services at the time of installation.
(ii) After complying with Section 26(d) of this rule, an individual may receive reimbursement from the Department for:
(A) One half the installation cost if presented with a receipt from the ignition interlock service provider for the individual's total costs; and
(B) One half the monthly service fee costs if presented with a receipt from the ignition interlock service provider for the individual's total costs.
(iii) Receipts for reimbursement shall be processed through the Department's Financial Services Program for payment to the individual.
(iv) The individual shall remain an active participant with the Department of Family Services to receive reimbursement.
(v) Eligibility for reimbursement shall continue while the individual remains an active participant in SNAP with the Wyoming Department of Family Services.
(vi) When the Department becomes aware of an individual’s ineligibility, the Department shall notify the individual of such ineligibility.
(i) Individuals required to hold a 24/7 restricted license, or those who are otherwise ineligible to hold an ignition interlock restricted license, shall not be issued a commercial driver’s license.
(ii) For offenses on or after July 1, 2019, applications for 24/7 restricted licenses shall be made only after the Department receives a disposition from a court of an alcohol related conviction for W.S. 31-5-233, W.S. 31-5-234, or other law prohibiting driving while under the influence as defined in W.S. 31-5-233(a)(v).
(iii) Applicants shall provide the Department verifiable proof they have been ordered to participate in the 24/7 Sobriety Program as an alternative to a mandated ignition interlock requirement and they have enrolled in the program.
When eligible applicants complete all 24/7 restricted license requirements, the Department shall issue the license. Such licenses shall contain:
(i) An expiration date with a period not to exceed five years; and
(ii) The restriction 24/7 on the license, which states: “Must maintain compliance with court ordered 24/7 Sobriety Program as an alternative to IIR.”
(i) Applicants shall pay any required reinstatement fees upon 24/7 restricted license issuance and provide proof of financial responsibility.
(ii) In addition to any required reinstatement fees, applicants shall pay $100. This fee does shall not pertain to applicants who qualify as indigent persons as allowed in Section 27(d).
(iii) Persons applying for removal of the 24/7 restriction after completing a revocation period shall meet the requirements of preceding Section 16(d) of these rules before 24/7 restriction removal.
The Department may waive the $100 fee required in subsection (c)(ii) of this section for indigent persons, as defined by Section 26(d); however, all other requirements of Section 27 shall be met. Anyone requesting assistance under W.S. 31-7-501(c) upon application shall be an active participant in the federal Supplemental Nutrition Assistance Program (SNAP) of the Wyoming Department of Family Services.
Section 28. Temporary Motorcycle License. Upon application, the Department may issue a 90-day temporary motorcycle license, subject to the following restrictions and conditions.
(a) Examination and Issuance. The applicant shall pass a written examination, be issued a paper temporary for a 90-day period, and pay the required fee.
(b) Renewal. The applicant may renew the temporary motorcycle license one time for an additional required fee. After having held two temporary motorcycle licenses, an applicant shall retake any required written tests before being issued another temporary motorcycle license.
(a) Proof of Financial Responsibility. In addition to mandatory revocations or suspensions under W.S. 31-7-127 and W.S. 31-7-128, proof of financial responsibility shall be required and maintained for all suspensions under W.S. 31-9-202.
(b) Insurance Cards.
(i) In addition to the requirements established in W.S. 31-8-201, all insurance providers shall indicate and identify on the face of the insurance card:
(A) The insurance provider’s National Association of Insurance Commissioners code; and
(B) If the provider uses a bar code on its insurance cards, the bar code shall comply with American National Standards Institute two-dimensional bar code standards available through the following: http://www.ansi.org. This rule includes no amendments to the standard subsequent to the effective date of July 1, 2024.
(ii) In addition to the requirements established in W.S. 31-8-201, all commercial insurance providers shall also include on the insurance card’s face a statement indicating “Commercial,” “Commercial Exempt,” or other similar language indicating the vehicle is covered under a commercial or fleet policy.
(iii) The insurance card may be carried in an electronic form as provided in W.S. 31-8-201(c).
(c) Insurance Verification System.
(i) Sellers of motor vehicle liability policies for vehicles owned in Wyoming shall comply with the provisions of the State of Wyoming Financial Responsibility Verification Program Web Services Program Guide for Insurers. This guide is available at cost by contacting the Wyoming Department of Transportation, Driver Services Program, 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009-3340.
(ii) This compliance requirement does not apply to:
(A) Self-insurers pursuant to W.S. 31-9-414; (B) Self-insurers pursuant to W.S. 31-9-415; (C) Government vehicles as described by W.S. 31-4-103(d)(ii); (D) Vehicles meeting the requirements of W.S. 31-9-408 and W.S. 31-9-409; or (E) Commercial vehicles as described by W.S. 31-4-103(d)(iv).
(d) Right to Hearing. Any party entitled to a contested case hearing in a matter involving the Department shall proceed under the provisions of the Wyoming Administrative Procedures Act, W.S. 16-3-101 through W.S. 16-3-115, as amended, and the provisions of the Department's Rules and Regulations, General Section, Chapter 3, Appeals and Hearings, as amended.