Administrative Rule Review Report  #AR08-048

Legislative Service Office

25-Jun-08

 

AGENCY:                                 Department of Transportation.

 

DATE SUBMITTED:                   June 25, 2008.

 

SUBJECT:                                 Chapter 2, Motor Vehicle Safety Responsibility.

 

NATURE OF RULES:                     Legislative, Interpretive and Procedural.          

 

STATUTORY AUTHORITY:         W.S. 31-4-103(e), 31-8-201 and 31-9-103.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.    Other than one comment supporting the proposed rules, no comments were received during the public comment period.

 

SUMMARY OF RULES:

 

The Department of Transportation adopted these rules to implement an on-line motor vehicle insurance verification system mandated by W.S. 31-4-103(e). 

 

The rules mandate that proof of financial responsibility shall be required and maintained for all suspensions under W.S. 31-9-202, regarding suspensions of licenses after an accident report.  The rules also adopt new provisions regarding insurance cards.  They require insurance providers to print the provider's National Association of Insurance Commissioner's code on the card and to comply with the American National Standards Institute's bar code standards.  All commercial insurance providers must include on the face of the insurance card a statement indicating that the vehicle is covered under a commercial or fleet policy.

 

The rules adopt a new insurance verification system.  Pursuant to the rules, sellers of motor vehicle liability policies must comply with the provisions of the State of Wyoming Financial Responsibility Verification Program Web Services Program Guide for Insurers.  Specified self-insured vehicles, government vehicles, vehicles protected by surety bonds or securities deposited with the state treasurer and commercial vehicles with apportioned registration which comply with the laws of another jurisdiction are exempt.

 

Finally, the rules establish that hearings will be conducted according to the contested case hearing provisions of the Wyoming Administrative Procedures Act and Chapter 3, Appeals and Hearings of the General Section of Wyoming Department of Transportation Rules and Regulations.

 

 

FINDINGS:

The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Ian Shaw

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Dan Pauli

                                                            Director

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