Chapter 1: Drivers' License

Effective Date: 10/05/1993 to 11/19/1997

Rule Type: Superceded Rules & Regulations

Reference Number: 045.0005.1.10051993

Date Filed 10/05/93

Expr Date

Supr Date

Repeal Date

Document Type RULES

CHAPTER I

DRIVER'S LICENSES

Section 1. Authority. These Rules of Practice and Procedure are promulgated by authority of W.S. 24-2-105, 31-7-103, 31-7-305, and 31-7-310.

Section 2. Purpose of the Rules. These rules are intended to provide a uniform and understandable interpretation of the undefined portion of the Driver's License Act; W.S. 31-7-101 through W.S. 31-7-140 and the Uniform Commercial Driver's License Act; W.S. 31-7-301 through W.S. 31-7-314. These rules include applications and examinations for obtaining drivers' licenses, commercial drivers' licenses, temporary and instructional permits; extension or expiration of a valid driver's license; grounds for cancellation or denial of license and/or permit; grounds for suspension and/or disqualification; notice of intent to suspend, deny, disqualify, revoke or cancel and procedures for providing hearings.

Section 3. Definitions. The following definitions shall be construed as supplemental and not as conflicting with the statutory definitions set forth in W.S. 317-102.

(a) "Certified copy" referred to in W.S. 31-7-111(a) means:

(i) An original official document with original signatures, seals and entries of information.

(ii) Any reproduction of an official document which has been reproduced from an original document on file at a government agency; provided the reproduced copy:

(iii) Bears a certification by the custodian that it is a true and accurate copy of the document on file bears the original signature of the certifying person and if the office has a seal, bears the seal of the office.

(b) "Department" means the Wyoming Department of Transportation also to be known as the Wyoming Transportation Department, which Department is designated, duly authorized, and charged with administering the provisions of the Driver's License Act and these rules.

(c) "Domicile" as referred to in W.S. 31-7-117(c) means the domicile of the parent or guardian having legal custody and signing the affidavit of extreme inconvenience.

(d) "Farm or ranch vehicle" means a vehicle:

(i) Being used within one hundred fifty (150) air miles of the farmer's or rancher's farm, ranch or principal place of business;

(ii) Not being used to transport hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with Federal Motor Carrier Safety Regulations; and

(iii) Not designed to transport sixteen or more passengers, including the driver.

(e) 'FMCSR' means Federal Motor Carrier Safety Regulations, Parts 383, 390 through 397 and 399.

(f) 'Moving Violations' means an act of control or lack of control by the driver of a motor vehicle while the vehicle is in motion, which results in a conviction, and includes a conviction or driving in violation of the restriction for lenses and/or outside mirrors.

(g) '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 II, 'National Driver Register Act to establish an index on Adverse Driver Licensing Actions taken by State Administrators'.

(h) 'Regular job' referred to in W.S. 31-7-117 (c) means any employment that requires a minimum of ten (10) hours of work within a one (1) week period.

(i) 'Restrictions' means the following restrictions in an encoded form which may be imposed and placed on the driver's license or permit;

(i) 'Restrictions' for licenses issued on or before November 14, 1986 are Automatic Transmission - T; City Driving Only - U; Corrective Lenses - L; Daylight Driving - D; Gas Pedal, Left Foot - P; Hand Controls - H; No Interstate or Primary Highway Driving - X; To Submit Annual Medical/Vision Certificates - Y; Outside Rearview Mirrors - V; or Power Steering - S. Any other restrictions imposed shall also be set forth on the license form.

(ii) 'Restrictions' for licenses issued on or after November 15, 1986 are Mechanical Aids (Special Brakes, Hand Controls or Other Adaptive Devices) - H; Valid Without Photo - J; Corrective Lenses -L; Daylight Driving - N; Outside Rearview Mirrors - O; Prosthetic Aids -P; Limited Others (assigned by the Department and must be contacted for details of this restriction) -U; Automatic Transmission - V; Four-Year Vision -W; Four-Year Medical - X; Annual Vision - Y; or Annual Medical - Z.

(iii) 'Restrictions' for licenses issued on or after January 1, 1990 are Mechanical Aids (Special Brakes, hand Controls or Adaptive Devices) -H; Commercial Driver's License Intrastate Only -I; Valid Without Photo - J; Corrective Lenses - L; Daylight Driving Only - N; Outside Rearview Mirrors - O; Prosthetic Aids - P; Limited Others (Assigned by the Department and must be contacted for details of this restriction) -U; Automatic Transmission -V; Four Year Vision -W; Four Year Medical - X; Annual Vision -Y; or Annual Medical - Z.

(iv) 'Restrictions' for licenses issued on or after December 10, 1990 are Corrective Lenses -B; Mechanical Aid (special brakes, hand controls) or other adaptive devices -C; Prosthetic Aid - D; Automatic Transmission - E; Outside Mirrors - F; Daylight Driving Only -G; Limit to Employment Only - H; Limited Others (assigned by the Department and must be contacted for details of this restriction) - I; Valid Without Photo -J; CDL Intrastate Only - K; Vehicles Without Air Brakes (CDL only) - L; Except Class A Bus (CDL only) -M; Except Class A and B Bus (CDL only) - N; Except Tractor Trailer (CDL only) - O; Class M only, 4-Wheel Recreation Vehicle Only R; Annual Vision - Y; or Annual Medical - Z.

(A) An applicant for a Commercial Driver's License who has not attained the age of twenty-one (21) years of age shall be restricted to a commercial driver's license 'intrastate only' restriction except while operating under an exemption allowed by FMCSR - 49 CFR 391.

(B) An applicant for a commercial driver's license who does not have a current valid medical examiner's certificate as required by FMCSR-49 CFR 391 may be restricted to a commercial driver's license 'intrastate only' restriction.

(j) 'School' referred to in W.S. 31-7-117 (c) means the person's primary place of education where he or she attends regularly scheduled classes but does not include place or locations where extracurricular activities take place.

(k) 'Serious Traffic Violation' means conviction, when operating a commercial vehicle, of:

(i) Improper or erratic traffic lane changes;

(ii) Following the vehicle ahead too closely; or

(iii) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control.

(l) 'Social Security Number' means the social security number assigned by the Social Security Administration, or other tracking and identification numbers or letters deemed appropriate by the Department, to be placed on driver's license, application for commercial driver's licenses and/or commercial driver's license instruction permits.

(m) 'State' means any state of the United States and the provinces of Canada.

Section 4. Application. Application for driver's license, commercial driver's license and renewals.

(a) Each applicant shall prepare an application form furnished by the Wyoming Department of Transportation.

(b) The applicant is required to complete the area of the application marked 'To be Completed by Applicant'.

(c) In addition to the information specifically requested on the application form as called for by statute, the applicant is required to fill out additional identifying information, including color of eyes, color of hair and if the applicant is a citizen of the United States.

(d) The applicant must answer the questions pertaining to medical history within the previous five (5) years as requested on the application. Any applicant answering in the affirmative to any of the medical questions or listing any physical or mental disabilities may be required to have a qualified doctor complete the medical form furnished by the Department.

(e) An applicant applying for a commercial driver's license wishing a 'grandfathering' waiver of the skills test is required to answer additional questions and make a certification regarding driving record, driving and employment experience.

(f) An applicant applying for a commercial driver's license who is required to take a skills test is required to make a certification regarding class and type of vehicle used for the skills test.

(g) Every applicant for a commercial driver's license is required to acknowledge that they are making application for a commercial driver's license and that they are subject to the FMCSR.

(h) Every applicant for a commercial driver's license or commercial instruction permit shall provide the Department his or her social security number unless written documentation is provided showing proof that he or she has satisfied the federal Social Security Administration and the Internal Revenue Service that his or her seriously held religious beliefs would be violated by use of their social security number. In the event the applicant provides satisfactory documentation from the Social Security Administration and Internal Revenue Service of a religious objection, the Department will assign a special number provided by Federal Highway Administration for identification and system tracking purposes.

(i) Change of name by reason of adoption, change in marital status or other legal proceeding will be made upon submission of an application for such change. A certified copy of the official document which effectuates the name change, such as a marriage certificate, divorce decree, or court order must be presented to the examiner at the time of application.

(ii) Change of name which was not affected in a legal proceeding will be granted, provided the use of the name is not for any fraudulent purpose, does not infringe on the interests or rights of others, is not prohibited by any judicial or administrative adjudication, and is otherwise legal. The application for a name change must include a certified copy of the licensee's birth certificate issued by a state government, the certified copy of the birth certificate must be presented to the examiner at the time of application. The application must also include a written, signed affidavit from the licensee, executed personally in Wyoming before an officer statutorily authorized to administer oaths.

(iii) The affidavit in paragraph (ii) must include:

(A) The licensee's full first, middle, and last names, as shown on the licensee's birth certificate.

(B) The licensee's full first, middle and last names after the licensee's name change.

(C) The licensee's date and place of birth.

(D) The licensee's present mailing address and physical address or residence if different from the mailing address.

(E) The licensee's natural or adoptive mother's full name, including her maiden name.

(F) The licensee's natural or adoptive father's full name.

(G) Each and every other name, if any, whether given, assumed, or fictitious, which the licensee has used during the proceeding ten (10) years. The affidavit must also show the date and places (by state, county and city) where each name was used.

(H) Each address where the licensee has resided during the last ten (10) years and the length of time the licensee resided at each location.

(I) The licensee's current job title and employer (including the address and location of both the employer and the job worksite), and the previous job title(s) and employer(s) the licensee has had during the preceding ten (10) years (including the address and location of both the employer and job worksite).

(J) The licensee's certification that the change to and use of the changed name, and the receipt and use of the amended license, in whole or in part:

(1) Is not for any wrongful or fraudulent purpose;

(2) Does not and will not infringe on the interest, rights or privacy of any other person;

(3) Is not prohibited by or in violation of any judicial or administrative adjudication.

(K) The licensee's certification that the licensee understands that it is unlawful to use a false or fictitious name in any application for a driver's license and that the applicant's driver's license may be canceled if the applicant fails to give the required or correct information on the application, including the applicant's birth certificate and affidavit.

(L) After January 1, 1994 any driver's license, other than restricted class "C" or class "M" driver's license, issued to an applicant who is under twenty one (21) years of age, shall expire on the applicant's twenty first birthday.

Section 5. Oaths. Each oath, affidavit or verification which is required to obtain a license, permit or to include the gift of life designation may be submitted to or administered by any authorized driver's license examiner.

Section 6. Examination. A first time applicant for a driver's license or instruction permit shall be required to take a vision screening or vision test and a test of knowledge of traffic regulations and traffic regulatory signs. The first time applicant may be required to demonstrate ability to operate a motor vehicle of the class and type for which application is made. The applicant for a renewal of a driver's license shall be required to take a vision screening or vision test and may be required to submit to a test of knowledge of traffic regulations and traffic regulatory signs, and demonstrate ability to operate a motor vehicle of the class and type for which application is made. The driver's license examinations shall include a determination of legal qualifications to hold a driver's license.

(a) The skills test may be waived at the discretion of the examiner for the first time applicant for a classified driver's license provided the applicant presents at the time of application a signed certificate within thirty (30) days of completion of a driver's education course approved by the Department of Education.

(b) An applicant for a commercial vehicle driver's license or a Wyoming class A or class B noncommercial driver's license may qualify for a "grandfathering" waiver of the skills test, by completing a "certification of qualification for grandfathering." The certification at a minimum, shall verify that the applicant during the two (2) year period immediately prior to application:

(i) Does not have more than one (1) driver's license, in their possession;

(ii) Has not had any driver's license or driving privileges suspended, revoked or canceled;

(iii) Has not had any commercial driver's license or driving privileges disqualified;

(iv) Has not had a conviction for any serious traffic violations, or record of an at fault or uninsured accident;

(v) Has at least two (2) years experience operating a vehicle of the type and class for which application is being made; and (vi) All other information required by the FMCSR.

(c) The written and skills testing requirements may be waived upon the renewal of a commercial driver's license, except that:

(i) Testing requirements mandated by the FMCSR may not be waived;

(ii) A skills test may not be waived if the licensee:

(A) Had any driver's license or driving privileges suspended, revoked, canceled or disqualified within the four (4) years immediately prior to renewal; or

(B) Has been convicted of operating an uninsured vehicle within the four (4) years immediately prior to renewal;

(iii) The licensee must provide a vehicle representative of the type and class of driver's license for which he/she is making application, in order for the Department to administer a driving skills test.

(d) Vision requirements.

(i) The driver's license examiner may approve the issuance of the license:

(A) If the vision screening given by an examiner, optometrist or ophthalmologist shows an acuity of at least 20/40 or better with both eyes, with or without corrective lenses;

(B) If the applicant has previously failed the vision screening and presents a written vision statement from an optometrist or ophthalmologist dated within the last three (3) months showing an acuity of 20/40 or better, with both eyes;

(C) If the vision screening or vision test shows an applicant's vision to be worse than 20/40 in one eye, with or without correction, and at least 20/40 or better in the other eye, with or without correction, any vehicle the applicant operates must be equipped with outside mirrors and the license will indicate that restriction; or

(D) If the vision screening or vision test shows the applicant has a progressive disease in one eye only and at least 20/40 or better in the other eye, with or without correction, and the vehicle the applicant operates is equipped with outside mirrors and the license indicates that restriction.

(ii) The driver's license examiner may not approve the issuance of the license but shall forward the application and test results to the Department for approval when:

(A) A vision screening shows an acuity of worse than 20/40 with both eyes;

(B) The applicant passed the test or screening results with or without corrective lenses, and has a progressive disease of the eyes or diabetic visual disturbance; or

(C) Upon receipt of an application showing the applicant's vision to be worse than 20/40 with both eyes with best possible correction, the Department, after an investigation, may impose on the applicant's license restrictions of daylight driving only, speed, area and time of day as deemed necessary.

(e) The knowledge test(s) may be given orally if the driver's license examiner determines it is necessary. A minimum grade of eighty percent (80%) shall be required for the test of knowledge.

(f) Any first time applicant who has never been issued a driver's license in Wyoming or any other jurisdiction, or who has an expired Wyoming license, or who has an expired out-of-state license may be issued a Wyoming driver's license and will be checked with the National Driver Register for any adverse driving records in other states. Upon receipt of an adverse driving record from another state, any Wyoming license issued will be canceled.

(g) The person receiving an application for extension, as provided in Section 14, whose name has been legally changed since the issuance of the last license, must renew the license in person and be rephotographed. The written test will be waived. The driving test may be required at the discretion of the examiner.

(h) A person may be issued a 'valid without photo' license provided the person is temporarily out of state and unable to return to Wyoming to be rephotographed.

Section 7. Affidavit of Ability or Commercial Driver's License Test History Form.

Every Affidavit of Ability or Commercial Driver's License Test History Form presented in lieu of a skills test for a vehicle of the type or class of vehicle for which the application is made must be dated within six (6) months of the date of presentation to the Department. The Affidavit of Ability or Commercial Driver' License Test History Form must be executed by a person or proper official of a legal entity having entered into a third party Tester Agreement with the Department.

Section 8. Grounds for Cancellation, Denial, or Disqualification.

(a) Any person shall be denied the issuance of a license or have an existing license canceled for any of the following:

(i) The person is not legally, physically or mentally qualified to hold a license by reason of age, not being a resident, prior disqualification, cancellation, denial, suspension, revocation, failure to meet the statutory requirements or other cause.

(ii) Upon receipt of 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 is worse than 20/100 in the carrier lenses of a person wearing bioptic, telescopic or other low vision aid built in or attached to regular glasses; or

(C) Total combined horizontal field of vision is less than one hundred twenty degrees (120o).

(iii) The person is afflicted with a disorder which results in a loss, interruption or lapse of consciousness and/or motor function.

(A) The denial or cancellation shall not be reconsidered until satisfactory proof is received by the Department in the form of a written statement, from a qualified doctor, which states that:

(1) There has been no loss of consciousness and/or motor function as the result of the affliction for at least one (1) year; or

(2) The affliction no longer exists; or

(3) The affliction has been medically controlled for a minimum period of three (3) months.

(iv) Any person who is afflicted with a medical or other disorder which results in disorientation or inability to react to driving conditions in a reasonable manner.

(v) The person is not able to demonstrate ordinary and reasonable control of a motor vehicle as evidenced by the results of a driver improvement investigation. Reapplication for a driver's license shall be denied unless a recommendation is made by a certified examiner to issue an instruction permit, and:

(A) The person applies for and is issued an instruction permit subject to any restrictions and/or conditions imposed by the Department, and has held the instruction permit for a period of at least three (3) months; and

(B) After the applicant has held the instruction permit for at least three (3) months, the applicant may make a written request to the Department to conduct another investigation to determine if a license should be issued.

(vi) A person who violates a restriction or condition imposed by the Department as a result of an investigation shall have the license canceled and cannot make reapplication until ninety (90) days after the date the license is canceled.

(vii) A person who gives false or fictitious information upon the application shall have the license canceled and cannot make reapplication until ninety (90) days after the date the license has been canceled.

(viii) Any commercial driver's license disqualified under any of the disqualifying provisions of W.S. 31-7-305 shall be canceled.

(A) The cancellation shall become effective on the same date as the disqualification.

(B) The person shall not be issued a new commercial driver's license until the disqualification has been ended or reduced by the Department; and

(1) The person is otherwise eligible to be issued a commercial driver's license;

(2) Completes and successfully passes all required knowledge and skills tests; and

(3) Pays the required fee.

(C) The person whose commercial driver's license has been canceled and is otherwise eligible may be issued a Class C, CM, or M driver's license.

(ix) A person answering 'No' to the question on the application form--'Are you a U.S. Citizen?'--may be issued a Wyoming driver's license, provided:

(A) The Department does not receive a report of an adverse record from the U.S. Immigration and Naturalization Service.

(1) Upon receipt of an adverse record the Department will cancel the license.

(2) The license will remain canceled and the applicant will not be allowed to reapply until the Department receives evidence from the U.S. Immigration and Naturalization Service that the applicant's status is acceptable for licensing.

(B) That the applicant's visa does not include one of the following status codes:

(1) A-1, A-2, A-3, foreign government officials who are eligible to be licensed as diplomats by the U.S. Department of State;

(2) B-1, B-2, visitors, except, visitors with a B-2 coding who enter the United States pursuant to the International Fair Trade Agreement;

(3) C - transients;

(4) D - crewman;

(5) G - international organization officials, who are eligible to be licensed as diplomats by the U.S. Department of State;

(6) K - fiancees of military service personnel; or

(7) N - NATO representatives who are eligible to be licensed as diplomats by the U.S. Department of State.

(C) Any license issued to an alien other than a resident alien shall be a temporary license and the license shall be valid only for the period authorized on the U.S. Immigration and Naturalization Service documents presented. That period shall not exceed four (4) years.

(D) Any license issued to an alien other than a resident alien shall be identified with a suffix code of NR (nonresident alien) in the class field of the license.

(b) The Department shall conduct an investigation of the driving ability, character and habits of an individual when the individual applies for reinstatement, after completion of a revocation and/or disqualification period, and the individual had a license or driving privilege revoked or disqualified as the result of involvement with alcohol and/or a controlled substance. The Department shall also conduct an investigation of driving ability, character and habits of an individual when the Department has documented evidence that the person has an alcohol and/or substances abuse problem. In both instances, the license will be denied until each of the requirements set out below are satisfied. The individual must:

(i) Obtain a current alcohol and/or controlled substance evaluation with a recommended course of treatment and/or counseling. This evaluation shall include information on how long the person has been alcohol or substance free.

(ii) Submit evidence of satisfactory completion of or current attendance in a recommended course of treatment or counseling program. This evidence must include information on how long the person has been alcohol or substance abuse free.

(iii) Provide verifiable evidence the person has been alcohol or substance abuse free for at least six (6) months.

(iv) If during the investigation of the character and habits of the person whose license has been revoked and/or disqualified, the Department becomes aware of any incidents or convictions of driving during the revocation and/or disqualification period, or any incidents involving alcohol consumption and/or controlled substance usage within the six (6) months immediately prior to the date of the scheduled investigation, the Department shall:

(A) Deny issuance of a new license,

(B) Deny application for a period of at least six (6) months, and

(C) Place at least the following restriction or conditions on any license subsequently issued upon completion of the investigation as required in Section 8(b):

(1) Remain free of any use of alcohol and/or any controlled substance during the four (4) year term of the license; and

(2) Make application for a duplicate license within ten (10) days of any change of address.

(c) A person who violates a restriction or condition imposed by the Department under Section 8 (b), shall have the license immediately canceled, and cannot make application for a new license until proof is submitted that:

(i) The person has enrolled in and completed an approved in-patient alcohol and/or controlled substance program, or

(ii) Is currently enrolled in and making satisfactory progress in an alcohol and/or controlled substance treatment program; and

(iii) The person has remained alcohol and/or controlled substance free for at least a six (6) month period.

(d) A person who has had a license revoked for a reason other than Section 8(b), shall be denied a license until after an investigation has been conducted by the Department and the person complies with any restrictions or conditions imposed by the Department as a result of the investigation.

(e) An investigation shall be conducted by a certified examiner if a person who has been disqualified for life from driving or being in control of a commercial vehicle makes a written request to the Department upon completion of ten (10) calendar years from the date of disqualification if the lifetime disqualification resulted wholly or in part from involvement with alcohol or controlled substances. A commercial driver's license, if issued, shall be subject to at least the following restrictions and/or conditions:

(i) Obtain a current alcohol and/or controlled substance evaluation with recommended course of treatment and/or counseling;

(ii) Satisfactory completion or attendance in a recommended course of treatment or counseling program;

(iii) Remain free of any use of alcohol and/or any controlled substance during the four (4) year term of the license;

(iv) Make application for a duplicate license within ten (10) days of any change of address; and

(v) The person is prohibited from driving or being in control of any vehicle transporting hazardous material required to be placarded in accordance with 49 CFR 172.500 through 172.558.

(f) A person who violates a restriction or condition imposed by the Department under Section 8(e) shall immediately be disqualified from operating a commercial vehicle. The person cannot make application for a new commercial driver's license until proof is submitted that:

(i) The person has enrolled in and completed an approved in-patient alcohol and/or controlled substance program; or

(ii) Is currently enrolled in and making satisfactory progress in an alcohol and/or controlled substance treatment program; and

(iii) The person has remained alcohol and/or controlled substance free for at least a six (6) month period.

(g) An investigation shall be conducted by a certified examiner if a person who has been disqualified for life from driving or being in control of a commercial vehicle makes a written request to the Department upon completion of ten (10) calendar years from the date of disqualification. If the lifetime disqualification resulted for reasons other than involvement with alcohol or a controlled substance, a commercial driver's license shall not be issued until after an investigation is conducted by the Department and the person complies with any restrictions and/or conditions imposed by the Department.

(h) A third or subsequent conviction of any offense as defined in W.S. 31-7-305(a) shall result in a permanent lifetime disqualification.

(i) The disqualification for life from driving or being in control of a commercial vehicle under the provisions of W.S. 31-7-305(e) shall not be reduced to ten (10) years.

(j) An investigation examination shall consist of at least a driving test in a vehicle representative of the type and class of the license being held or applied for by the person. Prior to conducting the driving test, the certified examiner will:

(i) Verify the existence of a valid Motor Vehicle Liability Policy issued to or for the benefit of the person being tested as required and defined by Wyoming Statutes;

(ii) Conduct an inspection of the vehicle to be used on the driving test and verify that the equipment upon the vehicle is in good working order as required, in accordance with guidelines and procedures outlined in the Wyoming Driver Improvement Manual, federal "waiver" program and standards provided by the American Association of Automotive Medicine (AAAM), by Wyoming Statutes and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupants or any person upon the highway; and

(iii) Require seat belts, if installed, to be properly fastened.

(k) If after an examination, the certified examiner has determined special mechanical devices should be required on any motor vehicle which the person may drive, the devices must be properly installed and inspected and another driving test administered prior to issuing the license.

(l) Any person whose Wyoming commercial driver's license is disqualified as a result of violations of Wyoming Statutes or the FMCSR may be issued a (noncommercial) Wyoming class C, class M or class CM driver's license.

Section 9. Valid Without Photo Licenses. Except as provided for in paragraph (d) of this section a temporary license known as a 'valid without photo', may or may not be issued by the Department.

(a) The valid without photo license shall be issued providing:

(i) A person makes application with the Department for a renewal or duplicate of a valid Wyoming driver's license and is unable to return to Wyoming or an equipment malfunction caused the license to be unusable and the person has left the state for an extended period of time,

(ii) The person complies with the vision requirements provided for in W.S. 31-7119(g).

(iii) The renewal or duplicate fee is submitted to the Department.

(b) The Department shall request a record check from the National Driver Register on any person issued a 'valid without photo license' while temporarily out of state. Upon receipt of an adverse driving record from another state, the Wyoming license will be immediately canceled.

(c) A person holding a 'valid without photo license' shall not be eligible for an extension as provided for in W.S. 31-7-119(f) and Section 13.

(d) When an applicant for renewal of a commercial driver's license is on active duty in the armed forces of the United States and unable to return to Wyoming to appear in person he/she shall not be eligible for a deferral of the expiration date of the commercial driver's license provided for in W.S. 31-7-119. However, the applicant may be issued a Wyoming 'valid without photo' noncommercial driver's license class A, class B, class C, class M, class CM, class BM, or class AM.

(e) An applicant for renewal of a commercial driver's license is not eligible for a 'valid without photo' license. However, the applicant may be issued a 'valid without photo' noncommercial license class C, class M or class CM.

(f) A person holding a 'valid without photo license' shall within thirty (30) days after returning to Wyoming, surrender 'the valid without photo license' and obtain a Wyoming license with a photograph, and pay the required fee.

Section 10. Extreme Inconvenience Class 'C' or 'M' Licenses. The application from an applicant for a restricted license shall be signed by the parent or guardian having legal custody, be accompanied by an official copy of the applicant's birth certificate, an affidavit of extreme inconvenience signed by the parent or guardian having legal custody and include a finding by the Highway Patrol that the extreme inconvenience actually exists. The affidavit shall also:

(a) Set forth the purpose or purposes for which there is a need for the applicant to drive;

(b) State the names and relationship of persons possessing valid drivers' licenses residing at the same domicile as the applicant and a statement of the reasons these licensed drivers cannot provide transportation for the applicant;

(c) State the class of license desired; and

(d) Include statements from the school superintendent or principal and/or employer verifying enrollment, employment, activities and hours of work and/or extracurricular activities.

(e) Any other circumstance which the Highway Patrol finds is an extreme inconvenience shall be limited to the need to provide for transportation to individuals living in the applicant's domicile for medical or health purposes, provided;

(i) The medical or health reason is a long term condition that will require transportation for a period of at least six (6) months, and

(ii) A signed statement from a medical doctor or vision specialist who is familiar with the medical or health condition stating what the condition is, the duration of the condition and the need for transportation as the result of the condition.

(f) Affidavits approved by the Highway Patrol shall be valid only for thirty (30) days from the date the affidavit was signed and dated by the approving officer.

(g) The application for a restricted class 'C' or 'M' driver's licenses shall be denied if application is not made prior to the thirty (30) day expiration of the approved affidavit.

Section 11. Duplicate License. Every person making application for a duplicate license shall present legal identification to the Department.

Section 12. License Not Delivered. A license which is returned to the Department, undelivered, shall be held by the Department for sixty (60) days from the date it was mailed. If the license is not called for within the sixty (60) days, the license shall be subject to cancellation.

(a) Any person who does not receive a license within sixty (60) days from the date it was mailed by the Department, and whose license has not been returned to the Department, shall be issued another license without fee or examination providing the person's mailing address on the date the Department mailed the license has not changed from the address provided on the original application.

Section 13. Application for Extension.

(a) Applications for extension of the driver's license for a four (4) year period shall be mailed to the eligible licensed drivers unless the:

(i) person's driver's license and/or driving privilege in the four (4) years proceeding expiration has been denied, disqualified, or canceled;

(ii) person is the holder of a 'valid without photo license' as provided for in Section 9;

(iii) person holds an instructional permit issued pursuant to W.S. 31-7-110;

(iv) person holds a restricted license issued pursuant to W.S. 31-7-117(c);

(v) Person holds a commercial driver's license issued pursuant to W.S. 31-7-301 through 31-7-131; or (vi) Person is licensed as a nonresident alien.

(b) Applications for extension of the driver's license for a four (4) year period pursuant to W.S. 31-7-119(g) may be mailed to Wyoming residents who are temporarily out of state.

(c) Applications for extension of the driver's license pursuant to W.S. 31-7-119(c) shall be processed in the same manner as provided for in W.S. 31-7-119(f) and (g).

(i) Applications for extension mailed to the Department with a postmark after the license has expired will be denied and the applicant will be notified and the fees paid shall be credited or refunded.

(ii) Application for extensions presented to driver's license examiners after the license has expired shall be denied and the applicant shall be processed as a first time applicant and required to pay the required fee.

(d) Persons qualifying for the extension provisions of W.S. 31-7-119(f) and (g) and receiving an extension application through the mail, may be issued a new license in lieu of an extension sticker for the following reasons:

(i) Persons who have a legal name change;

(ii) Persons required by the Department to have restrictions or conditions placed upon their license other than corrective lenses and/or outside mirrors; or

(iii) Persons providing information to correct descriptive information on the license.

Section 14. Fees

(a) The required application fee must be received by the Department prior to any test being administered or driver's license issued. Tests shall include written, vision or skills tests.

(i) A fee will not be charged or any test administered until the following conditions are satisfied:

(A) A minor's release is signed by the parent or guardian when required.

(B) All required documents are presented by an "alien" which are necessary for licensing.

(C) The application and/or the available records indicate that the person's driver's license and driving privileges are not currently suspended, revoked, canceled, denied or disqualified in this or any other state.

(1) If the records available at the time of application indicate the person is eligible to be licensed the fee will be required. However, if the Department receives later information that the person was not eligible to be licensed on the date of application, the person's license will be canceled and the fee forfeited.

(D) When the person answers "yes" to any of the medical history questions on the application which would require a medical form to be completed by a doctor, the fee will not be charged and no tests will be administered until the person submits an approved medical form.

(ii) The required application fee will be forfeited upon failing any part of a written or skills test except as follows:

(A) A person taking written tests for more than one class or endorsement, who passes a portion of the tests but fails another portion, may make application for a license of the class and endorsement for which he/she has been successfully tested.

(b) A duplicate license will be issued by the Department when a:

(i) Person makes application to add or delete a license classification and/or endorsement and pays the required duplicate license fee.

(A) If the duplicate driver's license is issued for the addition or deletion of more than one (1) class and/or endorsement at the time of issuance of the duplicate license there shall be no additional fee for the second or subsequent classification and/or endorsement added or deleted.

(ii) Restriction is added or deleted from a person's driver's license. There will be no fee charged for the addition or deletion of a restriction from a person's license, except when the restriction for 'air brakes' is deleted.

(c) A commercial driver's license skills test will not be scheduled and/or conducted until the required fee has been received by the Department.

(i) The required commercial driver's license fee shall be forfeited by the applicant and not refunded upon:

(A) Failure to appear at the scheduled time and location, unless the person's failure to appear was caused by factors beyond the person's control, such as road closures and/or documented medical emergencies.

(1) 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 will be forfeited.

(B) Failure of any portion of the required skills test.

(C) Rejection of the vehicle by the examiner due to faulty or unsafe equipment or improper class and/or type.

(ii) A commercial driver's license skills test will not be rescheduled until the Department receives the required skills test fee.

(iii) The skills test fee shall be required for a person who requires a skills test in order to be issued a non-CDL class 'A' or class 'B' driver's license.

(d) The Department will accept personal checks for payment of application, commercial driver's license, skills test, contested case, record review and reinstatement fees, provided:

(i) The personal check is drawn on a Wyoming bank or financial institution and made payable to the Department of Transportation,

(ii) The personal check bears the name and current address of the person issuing the check, and

(iii) The personal check is for the amount(s) of the required fee(s) being paid.

(A) Two party, payroll checks or checks drawn for an amount greater than the required fee(s) will not be accepted.

Section 15. Grounds for Suspension. The license of any person may be suspended for up to twelve (12) months if:

(a) The licensee is a repeated violator. The Department will consider a licensee a repeated violator when the records of the Department show that a person has been convicted of three (3) or more moving violations within a one (1) year period. The Department shall take the following action when a person is a repeated violator:

(i) When the records of the Department show that the person has been convicted of three (3) moving violations within a one (1) year period, using the offense date of the violations. The Department shall give the person notice, in writing, of the record and as to the possible consequences of additional moving violations becoming a part of the person's record;

(ii) Upon receipt of a record of convictions evidencing a fourth (4th) moving violation within a one (1) year period, the Department shall suspend the license for a period of ninety (90) days; and

(iii) Upon receipt of subsequent convictions evidencing four (4) or more moving violations within a one (1) year period, the Department shall suspend the license for an additional period ninety days.

(A) Moving violations used in one suspension action may be used in a subsequent suspension action provided the record, with addition of a new moving violation or violations, shows four (4) moving violations within a one (1) year period.

(b) The Department having good cause to believe a person is a repeated violator or is otherwise not qualified to be licensed may require the person to submit to an investigation. Providing that the result of the investigation is a recommendation to suspend:

(i) The Department shall suspend the license for a period of ninety days; or

(ii) A period up to twelve (12) months if recommended by the investigator.

Section 16. Surrender of License or Permit. Upon cancellation, suspension or revocation of any license or permit which by law requires the immediate surrender of the license or permit, the requirements shall be deemed to be complied with if the holder deposits the license in the United States Mail prepaid, and duly addressed to the Wyoming Department of Transportation, delivers it to an employee of the Wyoming Department of Transportation, Driver Services Program, or delivers it to a member of the Wyoming Highway Patrol.

Section 17. Driver Records. To assure compliance with W.S. 31-7-305 (d), the Department shall maintain a permanent record of a person's driving history, unless otherwise provided by statute, for a period of at least ten (10) years. This permanent record shall be for the use of and only available to individuals reviewing their own record and possessing a valid commercial driver's license, the Department and other government agencies as authorized by the Department.

(a) Unless otherwise provided by statute, the Department shall make available a three (3) year driving record to authorized insurance companies, employers and individuals to whom the record belongs. The driving record will reflect at least the following actions:

(i) All mandatory convictions, suspensions, revocations or disqualifications;

(ii) Uninsured accidents and accident suspensions; and

(iii) Moving violations, moving violation suspensions, administrative per se suspensions, implied consent suspensions, financial responsibility requirements and any other authorized administrative actions.

Section 18. Right to a Contested Case Hearing or Record Review. Every person whose driver's license is disqualified, suspended, revoked, canceled or denied shall be notified of the right to a contested case hearing or record review. The notification shall advise the person that:

(a) If the only reason for requesting a hearing is to receive limited driving privileges, that the request shall be for a record review conducted by the Department.

(b) If the request for a contested case hearing is for any purpose other than to receive limited driving privileges, that the request shall be for a contested case hearing before the Office of Administrative Hearings.

(c) A request for a record review for any disqualification, suspension, revocation, cancellation or denial action which does not allow limited driving privileges to be granted will be denied.

Section 19. Request for Contested Case Hearing or Record Review. Every request for a contested case hearing or record review arising from any driver's license related action must be made in writing and addressed to the Wyoming Transportation Department, P.O. Box 1708, Cheyenne, Wyoming 82003-1708. The request must be post marked within twenty (20) days of the date the Department has given notice of intent to suspend, revoke, cancel, disqualify or deny to be considered timely. A request for a contested case hearing or record review shall be considered timely if received or postmarked within twenty (20) days of the date the department gave the person notice of the departments intended action. However, a contested case hearing or record review will not be granted unless the request is accompanied by the required fee or until the required fee is received by the Department.

(a) 'Computation of Time.' The Department shall allow five (5) days from the date the order was mailed to the person's 'last known address' on file with the Department for mail delivery. Five (5) days after the order was mailed, it is considered received. Therefore, for the computation of the twenty (20) day period for requesting a contested case hearing or record review, the period for requesting a contested hearing or record review, shall begin on the sixth (6th) day after the Department has given notice of its intent, and shall conclude at 5:00 p.m. on the twentieth (20th) day thereafter, unless such day is a Saturday, Sunday or legal holiday, in which event, the period runs until the end of the next working day which is neither a Saturday, Sunday, or legal holiday.

(b) 'Late Request.' except as provided below, no contested case hearing or record review will be granted unless the request is timely made.

(i) Upon receiving a late request for a contested case hearing, the Department's manager of Driver Services may at his/her discretion grant a late contested case hearing, provided, satisfactory written evidence and documentation is submitted which shows the lateness was not caused by the petitioner, but by some external factor beyond his/her control.

(ii) Upon receiving a late request for a record review, the Department's manager of Driver Services or his/her design may, at his/her discretion grant a late record review if:

(A) The person is otherwise entitled to be granted a probationary license, and (B) Satisfactory written evidence and documentation is submitted which indicates that failure to grant a probationary driver's license would cause the person an undue hardship.

(iii) Upon the final denial of a 'late request' for a contested case hearing or a record review, the Department shall refund the required fee.

(c) 'Stay of Action.' When a contested case hearing or record review is granted, the proposed action shall be stayed. The stay shall be effective the day a contested case hearing or record review is granted by the Department. Stays shall not be granted retroactively.

(i) The stay shall continue as follows:

(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) Record review: until the earlier of thirty (30) days from the date the record review is granted or a probationary driver's license evidencing limited driving privileges is issued and the individual has an otherwise valid driver's license.

(ii) Stays will not be granted when the Department's action is an immediate cancellation.

Section 20. Probationary license.

(a) Upon receipt of a timely request for a record review, the Department shall issue an order granting a probationary license provided:

(i) The person is otherwise eligible for a probationary license, pays the required fee; and

(ii) When required, the person files and maintains an SR-22 for a three (3) year period, and that such SR-22 must be on file with the Department prior to a probationary license being issued.

(iii) That when required, the person submits to an alcohol evaluation by a qualified alcohol counselor, and files a satisfactory alcohol counselor's report with the Department prior to a probationary license being issued.

(iv) Upon receipt of an adverse counselor's report, the Department will deny or cancel the probationary license.

(v) The person shall be required to pay an additional fee for any probationary license that is required to be changed or reissued resulting from the person's need to drive for circumstances not contained in the original application.

(b) The order when issued will include the following information, terms and conditions:

(i) The starting and ending dates for which the probationary license is valid,

(ii) The person's driving privileges are limited to the days, times and reasons designated and are suspended for all other driving, (iii) The probationary license and the order must be carried by the person at all times when operating a motor vehicle, and

(iv) The conviction of any traffic law, other than parking, will result in the immediate cancellation of the probationary license and suspension for the balance of the suspension period without further hearing.

(c) Upon receipt of an order from the Office of Administrative Hearings granting a probationary license as the result of a hearing, the Department will issue a probationary license in accordance with the Office of Administrative Hearings' order.

Section 21. Undue Hardship. Subject to W.S. 31-7-105, an undue hardship exists if the person establishes that being unable to drive will result in the inability to provide the person or the person's dependents with the basic necessities of life, to include but not limited to food, clothing and shelter.

(a) Undue hardship may also include the need to drive for educational purposes.

(b) An undue hardship does not exist if there is another licensed driver in the household who is able to do the required driving.

Section 22. Appeals to the Office of Administrative Hearings. Any person denied a probationary license as the result of a review of the record by the Department or who is adversely affected by a record review decision of the Department is entitled to appeal the decision to the Office of Administrative Hearings. The person has twenty (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).