Transportation, Dept. of

Motor Vehicles & Licensing

Chapter 11: Rebuttable Presumption

Effective Date: 01/03/2018 to Current

Rule Type: Current Rules & Regulations

Reference Number: 045.0005.11.01032018

CHAPTER 11

Rebuttable Presumption

Section 1. Authority and Purpose.

These rules are promulgated by authority of Wyoming Statute 24-2-105 and by the requirements of W.S. 31-2-201 and W.S. 31-2-224 to establish a rebuttable presumption pertaining to ownership of vehicles registered under the laws of another jurisdiction and operated by Wyoming residents.

Section 2. Definitions.

(a) “Department” means the Wyoming Department of Transportation (WYDOT).

Section 3. Procedure for Rebuttal Presumption.

(a) WYDOT receives notice from the Department of Revenue, a county treasurer, or a Wyoming peace officer that a vehicle requires Wyoming registration.

(b) The notice will include evidence pertaining to at least one of the factors cited in the statute:

1. (i) The resident was a vehicle purchaser;
2. (ii) The resident operated or stored the vehicle in Wyoming for any period of time;
3. (iii) The resident is a partner, member, or shareholder of the business entity that purports to be the owner of the vehicle;
4. (iv) The resident is insured to drive the vehicle.

(c) To avoid interfering with court jurisdiction and confusion concerning the appeals process, the Department will not act based on a citation for failure to register until the citation process and all appeals are completed.

(d) If WYDOT determines that registration is required, it informs the resident in writing concerning:

1. (i) The requirement to register;
2. (ii) The 30-day period to pay; and
3. (iii) The penalty, in addition to the fees and taxes due, if subsequently cited for violation.

(e) After notification from WYDOT, the resident has the opportunity to submit to WYDOT within 30 days evidence that registration is not required.

(f) If evidence is submitted,

(i) The Department may determine the presumption rebutted.

(ii) The Department may state that insufficient information exists to rebut presumption.

(g) If the resident receives notice that the presumption is not rebutted, the resident may appeal using the Department’s appeal process described in WYDOT Rules and Regulations, General Section, Chapter 3, Appeals and Hearings. After receiving the notice, the resident shall have 30 days to request a hearing.

(h) If the resident is subsequently cited, he or she owes taxes, fees, and any lawful penalty imposed.