Wyo. Code R. 045-0005-5
Motor Vehicles & Licensing
Chapter 5: Vehicle Dealers
Effective Date: 03/02/1998 to 12/12/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0005.5.03021998
Vehicle Dealers
These Rules of Practice and Procedure are promulgated by authority of W.S. 31-16-103(j).
These rules are intended to provide a uniform and understandable interpretation of the undefined portion of Wyoming Statutes dealing with dealers and manufacturers, including W.S. 31-16-101 through 31-16-126 and 31-11-107.
(a) The principal place of business must be a site upon which a building is located. A building is defined as a roofed and walled structure built for permanent use and may not be a residence or part of a residence. Mobile homes that are blocked or on a permanent foundation and skirted, with the hitch removed, and not used as a residence, may be approved as a principal place of business upon request to the department. Structures such as camp trailers, motor homes, pickup box campers and garages attached to a residence do not constitute a building for a principal place of business.
(b) All retail sales must be consummated at the principal place of business for which the dealer is licensed unless the sale is consummated at an authorized organized vehicle show as defined in W.S. 31-16-103 (g) (ii).
(c) The principal place of business must be occupied either during the declared business hours or continuously by the dealer or the dealer's employees, unless written notification is provided to the department stating that the dealer will not be occupying the principal place of business during the declared business hours or on a continuous basis.
(d) The declared business hours are to be reasonable hours when prospective customers may enter the principal place of business and contact the dealer or the dealer's sales staff and when the department or any peace officer may enter the principal place of business and inspect the dealer's records as defined in W.S. 31-11-107. The declared business hours shall be indicated on the license application prescribed by the department. The declared business hours shall be conspicuously displayed at the principal place of business to inform any person interested in contacting the dealer.
(e) All dealers must provide proof of a qualified principal place of business for all locations by submitting the following items to the department along with their completed application, surety bond and application fee:
(i) The address of the principal place of business and additional locations within the same county.
(ii) A color photograph of the lot(s), building(s) and sign(s). The sign indicating the nature of the business must be permanently attached to the building or land and clearly visible from the highway.
(iii) A copy of a lease, rental or use agreement for all property included in the dealer's principal place of business, if not owned by the dealer. If the property is owned by the dealer, a copy of the dealer's title to all property included in the principal place of business.
(iv) Written proof from the applicable zoning office that the principal place of business, sign, and space for display are in compliance with applicable zoning ordinances and that the business is in an area zoned for vehicle sales.
(v) If a corporation, limited liability company (LLC), or limited partnership, proof of current good standing with the Wyoming Secretary of State and a list of all corporate officers, or members and managers.
(f) The space to display vehicles cannot be part of a parking lot dedicated for any other business than that of the licensed vehicle dealer. The space to display vehicles cannot be part of any roadway as defined by W.S. 31-5-102(xl).
(g) No more than one licensed dealer may occupy a principal place of business at the same time.
(h) All dealers shall keep and maintain in their places of business a permanent legibly written daily record as required by W. S. 31-11-107, on all vehicles and components that carry a vehicle identification number coming into the dealer's possession. The record is to be open to inspection at all times by the department or any peace officer.
(a) A new vehicle dealer license may be converted into a used vehicle dealer license, and vice-versa, upon making application to the Wyoming Department of Transportation and surrendering the original license. No additional fee will be required for the conversion.
(b) If a dealer is renewing as licensed under W.S. 31-16-103 (b), the twelve (12) vehicles sold must be twelve (12) different vehicles. The twelve (12)
retail vehicle sales must have been consummated in Wyoming at the dealer's principal place of business or at an organized vehicle show as defined in W.S. 31-16-103.
(c) The dealer or manufacturer shall provide written notification immediately to the department when any change(s) to the status of the business occur(s). Changes requiring notification include, but are not limited to; changes in ownership, changes in the business name, changes in the location addresses of the principal and additional place(s) of business for a dealer, changes in location addresses of the established place of business for a manufacturer, any changes regarding the declared business hours, or when any information provided on the dealer or manufacturer application has changed.
(a) A new bond shall be posted with the annual application renewal, no bond continuation certificates will be accepted.
(b) A finding by the department that the dealer or manufacturer practiced fraud, made any fraudulent representation or violated any statute, rule or regulation relating to the conduct of the business for which the dealer or manufacturer license is issued may result in forfeiture of the full amount of the surety bond.
(a) When vehicles are held in a dealer's inventory for resale, the dealer may, in lieu of titling, reassign the vehicle by completing a Motor Vehicle Dealer Reassignment Form. The dealer may effect a reassignment of the dealer's interest and warranty on vehicles held for sale and operated for demonstration purposes only.
(b) Dealer Reassignment Forms may be purchased in quantities of twenty five (25) from the department or Wyoming ports of entry.
(a) Dealers shall use the Secure Power of Attorney Form to disclose the odometer reading when the certificate of title is physically held by a lien holder or has been lost or destroyed and is not available for endorsement upon transfer and odometer discloser.
(b) Secure Power of Attorney Forms may be purchased in quantities of one hundred (100) from the department or Wyoming ports of entry.
(a) Requests by licensed dealers for temporary license permits shall be made to the Licensing Section, Wyoming Department of Transportation, P. O. Box 1708, Cheyenne, Wyoming 82003-1708 or to Wyoming ports of entries.
(b) The fee for temporary license permits shall be determined by the department and remittance must accompany the order. No permits will be issued until payment is received.
(c) When issuing a temporary license permit, all dealers must advise the permit holder to carry or be able to produce a copy of the dealer's invoice of sale on the vehicle to which the temporary license permit is displayed. This permit serves as evidence of actual purchase of the vehicle.
(d) Dealers shall issue temporary license permits in the same name (s) as the name (s) appear(s) on the new title for the vehicle sold. Dealers shall not issue subsequent permits on the same vehicle in the same owner's name. Lost or stolen permits must be reported to the department immediately. Upon approval from the department, a dealer may issue a duplicate permit in extenuating circumstances.
(e) The dealer shall keep a written record in numerical sequence of every temporary license permit issued. The record shall contain information from the permit relating to the sale of the vehicle for which a permit was issued. The dealer shall detach the stub portion of the temporary license permit when the permit is issued, and forward the stubs daily to the Licensing and Titling section, Wyoming Department of Transportation. If a temporary license permit is filled out incorrectly, the sale of the vehicle is rescinded, or for some other reason the permit is unusable, the dealer shall return the entire permit to the Licensing and Titling section of the department immediately, accompanied with an explanation as to why the temporary permit was voided.
(f) The required information on the permits must be typed or printed using permanent ink. The expiration date shown in the middle of the permit must be completed in permanent ink with large, legible numbers not less than one (1) inch high and one (1) inch wide, with two digits each for the month, day and year. The expiration date on the temporary registration shall be clearly legible from a distance of at least thirty (30) feet when displayed on the vehicle.
(g) The temporary license permit shall be displayed on the rear of the vehicle, either in the rear window or license plate bracket, and in all situations a place where the printed information on the permit and the expiration date can be easily seen.
(h) Temporary license permits shall not be placed in rear windows with less than seventy (70) percent light transparency;
(i) If a permit holder is used, it shall not cover any of the printed information on the permit, including, but not limited to, the expiration date.
(ii) If a license plate frame is used in conjunction with a permit holder, it shall not cover any printed information or expiration date on the permit.
(iii) Temporary license permits shall be protected from exposure to weather and road conditions that would render the information on the permit illegible.
(i) Temporary license permits sold to a dealership shall not be loaned or exchanged with other dealerships or be used on vehicles not sold from the issuing dealer's inventory.
(j) The department may refuse to issue additional permits if a dealer violates any statute, rule or regulation related to the conduct of the dealer's business, or if the dealer fails to account for all temporary license permits the dealer purchased.
(a) All dealers and Wyoming-based manufacturers shall provide proof of liability insurance, as required by W. S. 31-4-103, to the county treasurer in each county where the dealer or Wyoming based manufacturer purchases demo, full use or manufacturer license plates.
(b) Demo plates may be used on vehicles operated to or from an auto auction provided;
(i) The demo plate displayed shall be registered to the Wyoming licensed dealer transporting the vehicle to, or from, an auto auction.
(ii) Each vehicle displaying a demo plate shall be included in the dealer's inventory before a demo plate can be displayed.
(iii) A demo plate shall not be displayed on a vehicle being operated by a dealership employee after normal business hours. Normal business hours are the declared business hours defined in Section 3 (d) of these rules and regulations.
(c) Demo plates may be operated by a prospective customer after normal business hours provided such a demonstration does not exceed seven (7) calendar days and meets all the other requirements of W. S. 31-16-126.
(d) Full use plates may be used on vehicles operated to or from an auto auction provided;
(i) The full use plate shall be registered to the Wyoming licensed dealer transporting the vehicle to, or from, an auto auction.
(ii) Each vehicle displaying a full use plate shall be included in the dealer's inventory before a full use plate can be displayed.
(e) Upon showing a substantial increase in the dealer's business or for other good cause shown, a dealer may request to purchase additional demo license plates. A dealer shall do so by forwarding a written explanation to the Licensing and Titling section of the department as to why the additional demo plates are required. Upon approving the written request, the department may authorize the dealer to purchase a number of demo plates in addition to the number authorized by 31-16-125 (b). The fee for the additional requested demo plate(s) shall be the fee as prescribed by W. S. 31 -3- 102.
(f) A dealer requesting to display demo license plates for any purpose other than prescribed by W. S. 31-16-126 may do so for good cause shown. A dealer shall forward a written request to the Licensing and Titling section of the department for authorization to do so. The written request shall include;
(i) The make(s), model(s), year(s) and vehicle identification number(s) of the vehicles that will be displaying the demo license plates, along with the number of vehicles requiring demo plates;
(ii) The nature of the event requiring the use of demo plates;
(iii) The date(s) and time(s) of the day the dealer will be displaying the demo plate(s) authorized by the department for this purpose.
(g) The dealer shall return any of the additional authorized demo license plates upon completion of the special event for which such plates are requested. There shall be no refund of the license fee.
(h) The department may require any additional information it deems necessary from a dealer for any request under this section.
(i) A licensed dealer who sells fewer than twelve (12) vehicles per year is entitled to purchase one (1) demo plate and no full use plates.
(j) A licensed dealer who sells twelve (12) or more vehicles per year and is allowed demo plates by W. S. 31 - 16-125(b) shall be authorized to purchase a number of full use plates not to exceed fifty (50) percent of the allotted demo plate number.
(k) Lost or stolen demo, full use and manufacturer license plates must be reported to the respective County Sheriff, County Treasurer, and to the department immediately.
(a) The department may issue a 'Notice To Show Cause' to a dealer or manufacturer why an administrative or punitive action should not be taken against a dealer or manufacturer for violating any rule, regulation, statute or any other order relating to the conduct of the business of a dealer or manufacturer. The dealer or manufacturer shall have fifteen (15) days to respond in writing to the department from the date of the 'Notice To Show Cause.' If the dealer or manufacturer fails to respond, it shall be presumed the dealer or manufacturer does not want to respond and appropriate action will be taken by the department.
(b) Upon notice from the department that a dealer or manufacturer license will be revoked or suspended, or if the department refuses to issue or renew a license, the dealer or manufacturer shall be entitled to a contested case hearing. If a dealer or manufacturer requests a hearing, a written request for the hearing must be received by the department no later than thirty (30) days after the date of the notice sent to the dealer or manufacturer. If the department does not receive a written request from the dealer or manufacturer within the thirty (30) day period, the dealer or manufacturer waives the right to a hearing, and the action indicated in the letter by the department to the dealer or manufacturer will be enforced.
(c) A request for a hearing or response to a 'Notice To Show Cause' shall be sent to the following address:
Wyoming Department of Transportation Motor Vehicle Licensing and Titling P.O.Box 1708 Cheyenne, Wyoming 82003-1708