Wyo. Code R. 045-0005-1
Effective Date: 05/22/2000 to 09/19/2000
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 045.0005.1.05222000
These rules of practice and procedure are promulgated by authority of W.S. 24-2-105, W.S. 31-7-103, W.S. 31-7-305, and W.S. 31-7-310.
(a) 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 driver's licenses, commercial driver's licenses, and temporary and instructional permits; extension or expiration of valid driver's licenses; grounds for cancellation or denial of licenses and/or permits; grounds for suspension and/or disqualification; notices of intent to suspend, deny, disqualify, revoke, or cancel; and procedures for providing hearings.
(b) These rules are also provided to implement the Federal Driver's Privacy Protection Act of 1994 (or DPPA) (Title 30 of Public Law 103-322), as amended and affirmed by the United States Supreme Court in 2000 in Reno vs. Condon, to protect the interest of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle records, except as authorized by such individuals or by law.
(a) The following definitions shall be construed as supplemental to statutory definitions as set forth in W.S. 31-7-102.
(i) 'Commercial motor vehicle' (or CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(A) Has a gross combination weight rating of 26,001 pounds or more inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds or
(B) Has a gross vehicle weight rating of 26,001 pounds or more or
(C) Is designed to transport 16 or more passengers, including the driver or
(D) Is of any size and is used to transport materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and that require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
(ii) 'Department' means the Wyoming Department of Transportation.
(iii) 'Serious traffic violation' means conviction, when operating a commercial vehicle, of:
(viii) “Moving violations” means an act of control or lack of control by the driver of a motor vehicle while the vehicle is in motion, that results in a conviction, including a conviction for driving in violation of the restriction for lenses and/or outside mirrors.
(vix) “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.
“Person” means an individual, organization, or entity, but does not include this state or an agency thereof.
(xi) “Personal information” means information that identifies a person, including an individual’s photograph or computerized image, signature, social security number, driver identification number, name, address, telephone number, or medical or disability information. This does not include information on vehicular accidents, driving or equipment-related violations, or driver’s license or registration status.
(xii) “Record” means all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts, or other documentary materials—regardless of physical form or characteristics—maintained by the Department.
(xiii) “Regular job” referred to in W.S. 31-7-117(c) means any employment requiring a minimum of 10 hours of work within a one-week period.
(xiv) “Restrictions” means the following restrictions that may be imposed and placed on the driver’s license or permit in an encoded form:
(A) “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.
(B) “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, which must be contacted for details about this restriction)—U; Automatic Transmission—V; Four-Year Vision—W; Four-Year Medical—X; Annual Vision—Y; or Annual Medical—Z.
(C) “Restrictions” for licenses issued on or after January 1, 1990, are Mechanical Aids (special brakes, hand controls, or other 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, which must be contacted for details about this restriction)—U; Automatic Transmission—V; Four-Year Vision—W; Four-Year Medical—X; Annual Vision—Y; or Annual Medical—Z.
(D) “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, which must be contacted for details about 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.
(I) An applicant for a commercial driver’s license who has not attained the age of 21 years shall be restricted to a commercial driver’s license “intrastate only” restriction except while operating under an exemption allowed by FMCSR– 49 CFR 391.
(II) 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.
(xv) “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 places or locations where extracurricular activities take place.
(xvi) “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 a driver’s license, application for commercial driver’s license, and/or commercial driver’s license instruction permits.
(xvii) “Subject” means an individual or legal entity about whom personal information is maintained in an information system.
(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 eye and hair color and indicate whether he or she is a citizen of the United States.
(d) The applicant shall answer the questions pertaining to medical history within the previous 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) Applicants applying for commercial driver's licenses wishing a 'grandfathering' waiver of the skills test are required to answer additional questions and make a certification regarding driving record and driving and employment experience.
(f) Applicants applying for commercial driver's licenses who are required to take a skills test shall also make a certification regarding the class and type of vehicle used for the skills test.
(g) All applicants for commercial driver's licenses are required to acknowledge they are applying for a commercial driver's license and that they are subject to the FMCSR.
(h) All applicants for commercial driver's licenses or commercial instruction permits shall provide the Department their social security number unless written documentation is provided showing proof that they have satisfied the Social Security Administration and the Internal Revenue Service that their seriously held religious beliefs would be violated by using their social security number. If the applicant provides satisfactory documentation from the Social Security Administration and Internal Revenue Service of a religious objection, the Department shall assign a special number provided by the Federal Highway Administration for identification and system tracking purposes.
(i) Changes of name because of adoption, change in marital status, or other legal proceeding shall be made by submitting an application for such change. A certified copy of the official document effectuating the name change—such as a marriage certificate, divorce decree, or court order—shall be presented to the examiner at the time of application.
(j) Changes of name not effected in a legal proceeding shall be granted, if 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 shall include a certified copy of the licensee's birth certificate issued by a state government. The certified copy of the birth certificate shall be presented to the examiner at the time of application. The application shall also include a written, signed affidavit from the licensee, executed personally in Wyoming before an officer statutorily authorized to administer oaths.
(k) The affidavit in Subsection (j) shall include:
(i) The licensee's full first, middle, and last names, as shown on the licensee's birth certificate.
(ii) The licensee's full first, middle, and last names after the licensee's name change.
(iii) The licensee's date and place of birth.
(iv) The licensee's present mailing address and physical address or residence if different from the mailing address.
(v) The licensee's natural or adoptive mother's full name, including her maiden name.
(vi) The licensee's natural or adoptive father's full name.
(vii) Any other names—whether given, assumed, or fictitious—that the licensee has used during the preceding 10 years. The affidavit shall also show the date and places (by state, county, and city) where each name was used.
(viii) Each address where the licensee has resided during the last 10 years and the length of time the licensee resided at each location.
(ix) The licensee's current job title and employer (including the address and location of both the employer and the job work site), and the previous job title(s) and employer(s) the licensee has had during the preceding 10 years (including the address and location of both the employer and job work site).
(x) 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:
(A) Is not for any wrongful or fraudulent purpose;
(B) Does not and will not infringe on the interest, rights, or privacy of any other person; and
(C) Is not prohibited by or in violation of any judicial or administrative adjudication.
(xi) The licensee's certification that he or she 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 he or she fails to give the required or correct information on the application, including the applicant's birth certificate and affidavit.
(xii) After January 1, 1994, any driver's license, other than restricted Class 'C' or Class 'M' driver's licenses, issued to an applicant who is under 21 years old shall expire on the applicant's twenty-first birthday.
Each oath, affidavit, or verification required to obtain a license or permit, or to include the gift of life designation, may be submitted to or administered by any authorized driver's license examiner.
(a) 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 knowledge test 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 knowledge test 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.
(b) At the examiner's discretion, the skills test may be waived for a first-time applicant for a classified driver's license if the applicant presents a signed certificate of completion for a driver's education course approved by the Department of Education or a driver training course certified by the Department of Transportation.
(c) 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 2-year period immediately prior to application:
(i) Does not have more than one driver's license in his or her 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 a record of an at-fault or uninsured accident; and
(v) Has at least 2 years' experience operating a vehicle of the type and class for which application is being made.
(vi) The applicant must also provide all other information required by the FMCSR.
(d) 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 4 years immediately before renewal or
(B) Has been convicted of operating an uninsured vehicle within the 4 years immediately prior to renewal;
(iii) The licensee shall provide a vehicle representative of the type and class of driver's license for which he or she is applying in order for the Department to administer a driving skills test.
(e) Vision requirements.
(i) The driver's license examiner may approve issuing 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 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 shall be equipped with outside mirrors, and the license shall 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 shall not approve issuing 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 but has a progressive eye disease or diabetic visual disturbance; or
(C) Upon receiving an application showing the applicant's vision to be worse than 20/40 with both eyes with the best possible correction, the Department, after an investigation, may impose restrictions on the applicant's license for daylight driving only, speed, area, or time of day as deemed necessary.
(f) The knowledge test(s) may be given orally if the driver's license examiner determines it is necessary. A minimum grade of 80 percent shall be required for the knowledge test.
(g) Any first-time applicant who has never been issued a driver's license in Wyoming or in 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 shall be checked with the National Driver Register for any adverse driving records in other states. If the Department receives an adverse driving record from another state, any Wyoming license issued shall be canceled.
(h) Any person receiving an application for extension, as provided in Section 14 of this rules chapter, whose name has been legally changed since the last license was issued shall renew the license in person and be rephotographed. The written test shall be waived. The driving test may be required at the examiner's discretion.
(i) A person may be issued a 'valid without photo' license if the person is temporarily out of state and unable to return to Wyoming to be rephotographed.
Every affidavit of ability or Commercial Driver's License Test History Form presented in place of taking a skills test for a vehicle of the type or class for which the application is made shall be dated within 6 months of the date it is presented to the Department. The affidavit of ability or Commercial Driver's License Test History Form shall be executed by a person or proper official of a legal entity having entered into a third-party tester agreement with the Department.
(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
(A) Is not legally, physically, or mentally qualified to hold a license;
(B) Does not qualify because of age;
(C) Is not a resident;
(D) Has been previously disqualified, canceled, denied, suspended, or revoked;
(E) Fails to meet statutory requirements; or
(F) Does not qualify for other reasons.
(ii) Upon receiving 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 when wearing a bioptic, a telescopic, or other low-vision aid built in or attached to regular glasses; or
(C) Total combined horizontal field of vision is less than 120 degrees.
(iii) The person is afflicted with a disorder resulting in a loss, interruption, or lapse of consciousness and/or motor function. The denial or cancellation shall not be reconsidered until the Department receives a written statement from a qualified doctor stating that:
(A) No loss of consciousness and/or motor function has occurred as the result of the affliction for at least one year or (B) The affliction no longer exists or
(C) The affliction has been medically controlled for a minimum period of 3 months.
(iv) The person is afflicted with a medical or other disorder resulting in disorientation or inability to react to driving conditions in a reasonable manner.
(v) The person is unable 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 certified examiner recommends issuing 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 at least 3 months; and
(B) After the applicant has held the instruction permit for at least 3 months, he or she may write a 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 reapply until 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 reapply until 90 days after the date the license is 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 Department ends or reduces the disqualification and he or she
(I) Is otherwise eligible to be issued a commercial driver’s license,
(II) Completes and successfully passes all required knowledge and skills tests, and
(III) Pays the required fee.
(C) The person whose commercial driver’s license has been canceled but is otherwise eligible may be issued a Class “C,” “CM,” or “M” driver’s license.
(ix) A person answering “No” to the question “Are you a U.S. Citizen?” may be issued a Wyoming driver’s license if:
(A) The Department does not receive a report of an adverse record from the U.S. Immigration and Naturalization Service.
(I) Upon receiving an adverse record, the Department shall cancel the license.
(II) The license shall remain canceled, and the applicant shall 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) The applicant's visa does not include one of the following status codes:
(I) A-1, A-2, or A-3, for foreign government officials eligible to be licensed as diplomats by the U.S. Department of State;
(II) B-1, B-2, for visitors—except visitors with a B-2 coding who enter the United States pursuant to the International Fair Trade Agreement;
(III) C, for transients;
(IV) D, for crewmen;
(V) G, for international organization officials eligible to be licensed as diplomats by the U.S. Department of State;
(VI) K, for fiancées of military service personnel; or
(VII) N, for NATO representatives 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 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 on the license.
(b) The Department shall investigate the driving ability, character, and habits of an individual when the individual applies for reinstatement after completing a revocation and/or disqualification period if 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 investigate the driving ability, character, and habits of an individual when the Department has documented evidence that the person has an alcohol and/or substance abuse problem. In both instances, the license shall be denied until each requirement set out below is satisfied. The individual shall:
(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 shall include information on how long the person has been alcohol or substance abuse free.
(iii) Provide verifiable evidence that the person has been alcohol or substance abuse free for at least 6 months.
(iv) If, while investigating the character and habits of the person whose license has been revoked and/or disqualified, the Department becomes aware of any incidents of or convictions for driving during the revocation and/or disqualification period, or any incidents involving alcohol consumption and/or controlled substance use within the 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 at least 6 months, and
(C) Place at least the following restriction or conditions on any license subsequently issued after completing the investigation as required in Section 8(b) of this rules chapter:
(I) Remain free from any use of alcohol and/or any controlled substance during the 4-year term of the license and
(II) Apply for a duplicate license within 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 apply for a new license until proof is submitted that:
(i) The person has enrolled in and completed an approved inpatient 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 6 months.
(d) A person who has had a license revoked for a reason other than Section 8(b) shall be denied a license until after the Department conducts an investigation and the person complies with any restrictions or conditions the Department imposes as a result of the investigation.
(e) A certified examiner shall conduct an investigation 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 after completing 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) Obtaining a current alcohol and/or controlled substance evaluation with recommended course of treatment and/or counseling,
(ii) Satisfactorily completing or attending a recommended course of treatment or counseling program,
(iii) Remaining free from any use of alcohol and/or any controlled substance during the 4-year term of the license,
(iv) Applying for a duplicate license within 10 days of any change of address, and
(v) Complying with the prohibition against driving or being in control of any vehicle transporting hazardous material requiring placards in accordance with 49 CFR 172.500 through 172.558.
(f) A person violating a restriction or condition imposed by the Department under Section 8(e) shall immediately be disqualified from operating a commercial vehicle. The person cannot apply for a new commercial driver's license until proof is submitted that:
(i) The person has enrolled in and completed an approved inpatient 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 6 months.
(g) A certified examiner shall conduct an investigation 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 after completing 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 the Department conducts an investigation and the person complies with any restrictions and/or conditions the Department imposes.
(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 lifetime disqualification 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 10 years.
(j) An investigation examination shall consist of at least a driving test in a vehicle representative of the type and class for the license being held or applied for by the person. Before conducting the driving test, the certified examiner shall:
(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) Inspect 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 and the federal “waiver” program and with standards provided by the American Association of Automotive Medicine (AAAM) and by Wyoming statutes. The certified examiner shall also verify that 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 the person may drive, the devices shall be properly installed and inspected and another driving test administered before issuing the license.
(l) Any person whose Wyoming commercial driver’s license is disqualified for violating Wyoming statutes or the FMCSR may be issued a noncommercial Wyoming Class “C,” Class “M,” or Class “CM” driver’s license.
(a) Except as provided for in Subsection (d) of this section, a temporary license known as a “valid without photo” license may be issued by the Department as described in the following section.
(b) The “valid without photo” license shall be issued if:
(i) A person applies to the Department for a renewal or duplicate 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 of time,
(ii) The person complies with the vision requirements provided for in W.S. 31-7-119(g), and
(iii) The renewal or duplicate fee is submitted to the Department.
(c) 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 receiving an adverse driving record from another state, the Department shall cancel the Wyoming license immediately.
(d) 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 of this rules chapter.
(e) 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 or 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 for Class 'A,' Class 'B,' Class 'C,' Class 'M,' Class 'CM,' Class 'BM,' or Class 'AM.'
(f) An applicant for a commercial driver's license renewal is not eligible for a 'valid without photo' license. However, the applicant may be issued a 'valid without photo' noncommercial license for Class 'C,' Class 'M,' or Class 'CM.'
(g) A person holding a 'valid without photo' license shall within 30 days after returning to Wyoming surrender the 'valid without photo' license, pay the required fee, and obtain a Wyoming license with a photograph.
(a) Applications for restricted licenses shall be signed by the parent or guardian having legal custody. Applications shall also be accompanied by an official copy of the applicant's birth certificate and an affidavit of extreme inconvenience signed by the parent or guardian having legal custody. The affidavit shall include a finding by the Highway Patrol that extreme inconvenience actually exists. The affidavit shall also:
(i) Set forth the purpose or purposes for which the applicant needs to drive,
(ii) State the names and relationship of persons possessing valid driver's licenses residing at the same domicile as the applicant and a statement of the reasons these licensed drivers cannot provide transportation for the applicant,
(iii) State the class of license desired, and
(iv) Include statements from the school superintendent or principal and/or employer verifying enrollment or employment and school hours (including extracurricular activities) or work hours.
(v) Any other circumstance that the Highway Patrol finds is 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 6 months and
(B) A signed statement from a medical doctor or vision specialist familiar with the medical or health condition is submitted describing the condition, its duration, and the need for transportation resulting from it.
(b) Affidavits approved by the Highway Patrol shall be valid for only 30 days from the date the affidavit was signed and dated by the approving officer.
(c) The application for restricted Class “C” or “M” driver’s licenses shall be denied if application is made after the affidavit expires in 30 days.
Every person applying for a duplicate license shall present legal identification to the Department.
(a) The Department shall hold an undelivered license returned to it for 60 days from the date the license was mailed. If the license is not called for within the 60 days, the license shall be subject to cancellation.
(b) Any person who does not receive a license within 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 if the person’s mailing address on the date the Department mailed the license has not changed from the address provided on the original application.
(a) Applications for 4-year driver’s license extensions shall be mailed to eligible licensed drivers unless the:
(i) Person’s driver’s license and/or driving privilege in the 4 years proceeding expiration has been denied, disqualified, or canceled;
(ii) Person holds a “valid without photo” license as provided for in Section 9 of this rules chapter;
(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 W.S. 31-7-131; or
(vi) Person is licensed as a nonresident alien.
(b) Applications for 4-year driver’s license extensions pursuant to W.S. 31-7-119(g) may be mailed to Wyoming residents who are temporarily out of state.
(c) Applications for driver’s license extensions 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 shall be denied, and the applicant shall be notified. Any fees paid shall be credited or refunded.
(ii) Applications 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 compelled 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 instead of an extension sticker for the following reasons:
(i) To reflect a legal name change;
(ii) To reflect restrictions or conditions the Department places upon their license—other than corrective lenses and/or outside mirrors; or
(iii) To correct descriptive information on the license.
(a) A commercial driver's license skills test shall not be scheduled and/or conducted until the Department receives the required fee.
(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 failure to appear was caused by factors beyond the person's control, such as road closures and/or documented medical emergencies. However, 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.
(B) Failure of any portion of the required skills test.
(C) Rejection of the vehicle by the examiner because of faulty or unsafe equipment or equipment of the improper class and/or type.
(ii) A commercial driver's license skills test shall not be rescheduled until the Department receives an additional skills test fee.
(iii) The skills test fee shall be required for a person who requires a skills test to be issued a non-CDL Class 'A' or Class 'B' driver's license.
(b) The Department shall accept personal checks for required fees if:
(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) only. Two party, payroll checks, however, shall not be accepted.
(c) The fee for a driving record shall be five dollars ($5).
(d) The fee for a driving record requested and searched on magnetic tape shall be three dollars ($3). A minimum charge of one hundred dollars ($100) for each request for information on magnetic tape applies as a credit toward the total cost if more than 100 records are searched.
(e) Persons who meet the requirements for “Permitted Disclosures” under Section 21 shall pay a minimum fee of two thousand five hundred dollars ($2,500) for the entire driver data file. A partial file shall cost a minimum fee of one thousand two hundred-fifty dollars ($1,250).
(f) The fee for “Permitted Disclosures” under Section 21(k) and “Disclosure of Individual Records” under Section 22 of this rules chapter shall be five dollars ($5) until the file reaches a maximum of 100 records. Files of 100 records or more shall cost a minimum fee of one thousand two hundred-fifty dollars ($1,250).
(g) The fee for special jobs run for government agencies shall be a minimum five hundred dollars ($500). Additional fees shall be assessed as needed for programming costs.
(a) The license of any person may be suspended for up to 12 months if the licensee is a repeated violator. The Department shall consider a licensee a repeated violator when Department records show that he or she has been convicted of 3 or more moving violations within a one-year period. The Department shall take the following action with repeated violators:
(i) When Department records show that the person has been convicted of 3 moving violations within a one-year period, using the offense date of the violations, the Department shall give the person written notice of the record and describe the possible consequences if additional moving violations become a part of the person’s record;
(ii) Upon receiving a record of convictions evidencing a fourth moving violation within a one-year period, the Department shall suspend the license for 90 days; and
(iii) Upon receiving subsequent convictions evidencing 4 or more moving violations within a one-year period, the Department shall suspend the license for an additional 90 days.
(iv) Moving violations used in one suspension action may be used in a subsequent suspension action if the record, with addition of a new moving violation or violations, shows 4 moving violations within a one-year period.
(b) If the Department has good cause to believe a person is a repeated violator or otherwise not qualified to be licensed, it may require the person to submit to an investigation. If the result of the investigation is a recommendation to suspend:
(i) The Department shall suspend the license for 90 days or
(ii) For up to 12 months if recommended by the investigator.
If the cancellation, suspension, or revocation of any license or permit by law requires immediate surrender of that license or permit, the requirements shall be deemed as complied with if the holder deposits the license or permit in the United States Mail (in an envelope duly addressed to the Wyoming Department of Transportation and including proper postage); 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.
(a) 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 at least 10 years. This permanent record shall be for the use of and available only 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.
(b) Unless otherwise provided by statute, the Department shall make available a 3- or 5-year driving record in accordance with the provisions of W.S. 16-4-202(a) and the Driver's Privacy Protection Act. The driving record shall 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.
(a) Despite any other provisions of state law to the contrary, except as provided in Sections 19 to 22 of this rules chapter, neither the Department nor any of its officers, employees, agents, or contractors shall disclose personal information about any person obtained by the Department in connection with a motor vehicle record.
(b) Despite any other provisions of this law, under no circumstances shall a person's driver's license photo or computerized image, signature, social security number, or medical or disability infor- mation from a motor vehicle record be disseminated, except for the purposes permitted by Section 21, Subsections (a),(d),(f), and (i). This prohibition shall not in any way affect the use of organ donation information on an individual's driver's license or affect the administration of organ donation initiatives in this state.
Personal information referred to in Section 18 of this rules chapter shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Federal Automobile Information Disclosure Act, 15 USC 1231, et seq.; the Motor Vehicle Information and Cost Saving Act, 15 USC 1901, et seq.; the National Traffic and Motor Vehicle Safety Act of 1966, 15 USC 1381, et seq.; the Anti-Car Theft Act of 1992, 15 USC 2021, et seq.; and the Clean Air Act, 42 USC 7401, et seq., as amended; and all statutes and agency regulations enacted or adopted pursuant to the authority of, or to attain compliance with, the said acts of Congress.
Personal information referred to in Section 18(b) of this rules chapter may be disclosed to any requester, if such person demonstrates, in such form and manner as the Department prescribes, that written consent of the person who is the subject of the information has been obtained.
Personal information referred to in Section 18 of this rules chapter may be disclosed to any person by the Department, its officers, employees, or contractors, on proof of the identity of the person requesting a record or records and representation by such person that the use of the personal information shall be strictly limited to one or more of the following described purposes:
(a) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions.
(b) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, or dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from original owner records of motor vehicle manufacturers.
(c) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors and (ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(d) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court.
(e) For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
(f) For use by any insurer; insurance support organization; or self-insured entity or its agents, employees, or contractors in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
(g) For use in providing notice to the owners of towed or impounded vehicles.
(h) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section.
(i) For use by an employer or its agent or insurer to obtain or verify information required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC App. 2710, et seq.) relating to a holder of a commercial driver’s license.
(j) For use in connection with the operation of private toll transportation facilities.
(k) For bulk distribution for surveys, marketing, or solicitations if the Department has obtained the express consent of the person to whom such personal information pertains.
(l) For any other use that is specifically authorized by law and is related to the operation of a motor vehicle or public safety.
Personal information referred to in Section 18 of this rules chapter that is contained in an individual record may be disclosed to any requesting person, without regard to intended use, if the Department has obtained the express consent of the person to whom such personal information pertains.
In addition to provisions for payment of applicable fees, the Department may, before disclosing personal information as permitted under Sections 19 to 22 of this rules chapter, require the requesting person to meet conditions to obtain reasonable assurance concerning the identity of such requesting person, and, to the extent required, that the use shall be only as authorized or that the consent of the person who is the subject of the information has been obtained. Such conditions may include, but need not be limited to, making and filing a written application in such form and containing such information and certification requirements as the Department may prescribe.
(a) An authorized recipient of personal information, except a recipient under Subsection (k) of Section 21 or under Section 22 of this rules chapter, may resell or redisclose the information for any use permitted under Section 21—but not including the use for bulk distribution for surveys, marketing, or solicitations as set forth in Subsection (k) of Section 21.
(b) An authorized recipient of an individual record or records under Section 22 may resell or redisclose personal information for any purpose.
(c) An authorized recipient of personal information for bulk distribution for surveys, marketing, or solicitations under Subsection (k) of Section 21 may resell or redisclose personal information only in accordance with the terms of Subsection (k).
(d) Any authorized recipient (except a recipient of an individual record or records under Section 22) who resells or rediscloses personal information shall be required by the Department to
(i) Maintain for not less than five years records about the information obtained—and the permitted use for which it was obtained—and
(ii) To make such records available upon request for inspection by the Department.
(a) 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:
(b) 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.
(c) 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.
(d) A request for a record review of disqualifications, suspensions, revocations, cancellations, or denial actions that do not allow limited driving privileges to be granted shall be denied.
(a) Every request 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. To be considered timely, the request shall be postmarked within 20 days of the date the Department has given notice of intent to suspend, revoke, cancel, disqualify, or deny. A request for a contested case hearing or record review shall be considered timely if received or postmarked within 20 days of the date the Department gave the person notice of the Department's intended action. However, a contested case hearing or record review shall not be granted unless the request is accompanied by the required fee or until the required fee is received by the Department.
(b) 'Computation of Time.' The Department shall allow 5 days from the date the order was mailed to the person's last known address on file with the Department for mail delivery. The Department considers the order as received 5 days after mailing it. The 20-day period to request a contested case hearing or record review therefore shall begin on the sixth day after the Department gives notice of its intent, and the period shall conclude at 5:00 p.m. on the twentieth day thereafter—unless such day is a Saturday, Sunday, or legal holiday. In such cases, the period runs until the end of the next working day that is not a Saturday, Sunday, or a legal holiday.
(c) 'Late Request.' Except as provided in this Subsection (c), no contested case hearing or record review shall be granted unless the request is timely made.
(i) Upon receiving a late request for a contested case hearing, the Department's Driver Services manager may at his or her discretion grant a late contested case hearing if satisfactory written evidence and documentation is submitted showing that the lateness was not caused by the petitioner but instead by some external factor beyond his or her control.
(ii) Upon receiving a late request for a record review, the Department's Driver Services manager or his or her designate may, at his or 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 indicating that failure to grant a probationary driver's license would cause the person 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.
(d) '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 the Department grants a contested case hearing or record review. Stays shall not be granted retroactively.
(i) The stay 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 record review, until the earlier of 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 shall not be granted when the Department’s action is an immediate cancellation.
(a) Upon receiving a timely request for a record review, the Department shall issue an order granting a probationary license if:
(i) The person is otherwise eligible for a probationary license and pays the required fee and
(ii) When required, the person files and maintains an SR-22 for a 3-year period and such SR-22 is on file with the Department before a probationary license is issued.
(iii) 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 before a probationary license is issued.
(iv) Upon receiving an adverse counselor’s report, the Department shall deny or cancel the probationary license.
(v) The person shall be required to pay an additional fee for any probationary license that must be changed or reissued because of the person’s need to drive for circumstances not contained in the original application.
(b) The order when issued shall 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 shall be carried by the person at all times when operating a motor vehicle; and
(iv) Conviction for violating any traffic law, other than parking, shall result in the immediate cancellation of the probationary license and immediate license suspension for the rest of the suspension period without further hearing.
(c) Upon receiving an order from the Office of Administrative Hearings granting a probationary license as the result of a hearing, the Department shall issue a probationary license in accordance with the order from the Office of Administrative Hearing.
(a) Subject to W.S. 31-7-105, an undue hardship exists if the person establishes that being unable to drive shall 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.
(b) Undue hardship may also include the need to drive for educational purposes.
(c) An undue hardship does not exist if another licensed driver in the household is able to do the required driving.
Any person denied a probationary license as the result of a Department record review 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 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).
Pursuant to W.S. 31-7-303, the following drivers are exempted from the general requirement under W.S. 31-7-106(a) to obtain a commercial driver's license; however, they are not exempted from the requirement to obtain a noncommercial driver's license:
(a) Operators of a farm or ranch vehicle that is:
(i) Controlled and operated by a farmer or rancher, including operation by employees or family members;
(ii) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm or ranch;
(iii) Not used for the operations of a common contract motor carrier; and
(iv) Used within 150 miles of the farm or ranch.
(b) Firefighters and other persons operating CMVs that are necessary to preserve life or property or execute emergency governmental functions are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles used to respond to emergencies.
(c) A driver employed by an eligible unit of local government operating a commercial motor vehicle within the boundaries of that unit to remove snow or ice from a roadway by plowing or salting, 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 ice emergency exists and additional assistance is required.
Upon receiving notice from the court or the Department of Family Services, this Department shall reinstate the obligor’s Wyoming driver’s license and/or driving privilege upon payment of the reinstatement fee if the license and/or privilege is 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 this Department.