TITLE 31 - MOTOR VEHICLES, CHAPTER 18

CHAPTER 18 - COMMERCIAL VEHICLES

ARTICLE 1 - GENERALLY

31-18-101.� Definitions.

(a)� As used in this act:

(i)� Repealed By Laws 1998, ch. 46, � 2.

(ii)� "Authority" means a document issued under this act by the department, granting intrastate authority to a person to operate a motor vehicle as a motor carrier transporting persons or property;

(iii)� "Commercial vehicle" means any vehicle or vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit and shall include, but not be limited to:

(A)� Repealed By Laws 2009, Ch. 183, � 2.

(B)� Repealed By Laws 2009, Ch. 183, � 2.

(C)� Repealed By Laws 2009, Ch. 183, � 2.

(D)� With respect to interstate operation:

(I)� Any vehicle engaged in transporting of persons or property, having a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination weight of ten thousand one (10,001) pounds or more;

(II)� Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;

(III)� Any vehicle transporting sixteen (16) or more passengers, including the driver, without compensation;

(IV)� Any vehicle requiring a hazardous materials placard; or

(V)� Any power unit having three (3) or more axles regardless of weight.

(E) With respect to intrastate operation:

(II)� Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;

(III)� Any vehicle transporting sixteen (16) or more passengers, including the driver, without compensation;

(IV)� Any vehicle requiring a hazardous materials placard;

(V)� A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;

(VI)� A power unit having three (3) or more axles regardless of weight; or

(VII)� Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight.

(iv)� "Compensation" means money or other recompense given, either directly or indirectly, for the transportation of persons or property by a motor carrier;

(v)� "Department" means the department of transportation;

(vi)� Repealed By Laws 1998, ch. 46, � 2.

(vii)� Repealed By Laws 1998, ch. 46, � 2.

(viii)� "Gross vehicle weight" means as defined in W.S. 31-1-101(a)(vii);

(ix)� "Highway" means any road, street or way, whether on public or private property, open to public travel of any kind in Wyoming.� For purposes of this paragraph, "open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars and open to the general public for use without restrictive gates, prohibitive signs or regulation other than restriction based on size, weight or class of registration.� Toll plazas of public toll roads are not considered restrictive gates;

(x)� "Motor carrier" or "carrier" means a contract, private or interstate commercial vehicle operating on highways as hereafter defined:

(A)� "Contract motor carrier" means any person engaged in the intrastate or interstate transportation of persons or property by motor vehicle on highways for compensation;

(B)� Repealed By Laws 1998, ch. 46, � 2.

(C)� Repealed By Laws 1998, ch. 46, � 2.

(D)� "Private motor carrier" means any person engaged in business and operating a vehicle which has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding twenty-six thousand (26,000) pounds operating intrastate or has a gross vehicle weight, gross vehicle weight rating, gross combination weight or gross combination weight rating exceeding ten thousand (10,000) pounds operating interstate who, without compensation, transports over highways his employees or property of which the person is the owner, lessee or bailee, used in the furtherance of any commercial enterprise including transporting placardable amounts of hazardous materials or operating a vehicle designed to transport sixteen (16) or more passengers, including the driver.� As used in this paragraph "commercial enterprise" means activities of those persons engaged in the exchange, purchase or selling of commodities or rendering a service in related financial transactions;

(E)� Repealed By Laws 1998, ch. 46, � 2.

(F)� "Interstate motor carrier" means any person engaged in the transportation of person or property by motor vehicle from one (1) state to another for compensation, including locations outside of the United States.

(xi)� "Motor vehicle" means every self-propelled vehicle intended primarily for use and operation on highways;

(xii)� Repealed By Laws 1998, ch. 46, � 2.

(xiii)� Repealed By Laws 1998, ch. 46, � 2.

(xiv)� Repealed By Laws 1998, ch. 46, � 2.

(xv)� Repealed By Laws 1998, ch. 46, � 2.

(xvi)� Repealed By Laws 1998, ch. 46, � 2.

(xvii)� "State highway" means any highway now or subsequently designated as a state highway by the state transportation commission;

(xviii)� "Trailer" means a vehicle without propelling power designed to be drawn by a motor vehicle. The term includes the following vehicles as hereafter defined:

(A)� "House trailer" means a trailer designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and equipped for use as a conveyance on highways;

(B)� "Semitrailer" means every vehicle of a trailer type not equipped with propelling power so designed for carrying property and used in conjunction with a motor vehicle that some part of its weight and that of its load rests upon or is carried by another vehicle;

(C)� "Utility trailer" means any trailer less than six thousand (6,000) pounds gross vehicle weight ordinarily pulled by or attached to a motor vehicle.

(xix)� "This act" means W.S. 31-18-101 through 31-18-903;

(xx)� "Intrastate" means the transportation of persons or property between points within Wyoming;

(xxi)� "Gross combination weight rating" means as defined in W.S. 31-7-102(a)(xxi);

(xxii)� "Gross vehicle weight rating" means as defined in W.S. 31-7-102(a)(xxii).

31-18-102.� Repealed By Laws 1998, ch. 46, � 2.

31-18-103.� Exemptions.

(a)� The provisions contained in W.S. 31-18-104, 31-18-209, 31-18-301 and 31-18-304 do not apply to:

(i)� Repealed By Laws 2009, Ch. 183, � 2.

(ii)� Repealed By Laws 2009, Ch. 183, � 2.

(iii)� Repealed By Laws 2009, Ch. 183, � 2.

(iv)� Intrastate transportation on his own motor vehicle or combination of vehicles having a gross vehicle weight of less than fifty-five thousand (55,000) pounds by any farmer or rancher, or the employee of a farmer or rancher exclusively in his service, transporting produce or commodities for his own use to and from his farm or ranch;

(v)� The exchange of intrastate transportation in their own motor vehicles, or combination of vehicles having a gross vehicle weight of less than fifty-five thousand (55,000) pounds by farmers or ranchers, or the employees of farmers or ranchers exclusively in their service, when the exchange is between farmers or ranchers, or their employees, in the immediate community;

(vi)� The exclusive noncommercial transportation of children to and from school;

(vii)� The transportation of sick, injured or deceased persons by ambulance or hearse;

(viii)� Transportation by motor vehicle when the motor vehicle is owned or operated by the United States, the state of Wyoming or any subdivision thereof;

(ix)� Noncommercial vehicles engaged in the exclusive transportation of the United States mail;

(x)� Repealed By Laws 1998, ch. 46, � 2.

(xi)� Repealed By Laws 2009, Ch. 183, � 2.

(xii)� Repealed By Laws 1998, ch. 46, � 2.

(xiii)� The intrastate transportation of livestock for show, performance or competition for noncommercial purposes.

31-18-104.� Powers and duties of the department.

(a)� The department shall:

(i)� Supervise and regulate the operations of motor carriers to:

(A)� Preserve the safety of the highways;

(B)� Repealed By Laws 1998, ch. 46, � 2.

(C)� Repealed By Laws 1998, ch. 46, � 2.

(ii)� Repealed By Laws 1998, ch. 46, � 2.

(iii)� Issue or refuse to issue authority to operate as a contract or private motor carrier;

(iv)� Repealed By Laws 1998, ch. 46, � 2.

(v)� Repealed By Laws 1998, ch. 46, � 2.

(vi)� Promulgate and enforce rules and regulations as are necessary to carry out this act;

(vii)� Repealed By Laws 1998, ch. 46, � 2.

(viii)� Make and enforce rules of procedure for holding hearings including fixing reasonable fees for filing complaints and other pleadings subject to the Wyoming Administrative Procedure Act;

(ix)� Exercise such other powers as are reasonably necessary to carry out and enforce this act.

(b)� The department may initiate appropriate civil proceedings in the courts of this state to enforce and cause to be prosecuted criminal violations of this act, or of orders, rules or regulations. The district and county and prosecuting attorneys of this state shall prosecute all criminal violations. Other persons affected by violations of this act or the orders, rules or regulations of the department, may seek redress by appropriate remedy in the courts of this state or upon proper complaint or application to the department. The department may revoke any authority upon conviction of a carrier of any violation under W.S. 31-18-701(a) or after notice and hearing upon good cause shown.

(c)� Repealed By Laws 1998, ch. 46, � 2.

(d)� Repealed By Laws 1998, ch. 46, � 2.

(e)� Repealed By Laws 1998, ch. 46, � 2.

ARTICLE 2 - REGISTRATION, AUTHORITY AND PERMITS

31-18-201.� Commercial vehicles; registration; exemptions.

(a)� As used in this article:

(i)� "Instate miles" means the total number of miles operated by a commercial vehicle or fleet of commercial vehicles in Wyoming during the preceding year and in the case of Wyoming based commercial fleet vehicles may include miles accrued by fleet vehicles in jurisdictions that require no apportionment and grant reciprocity;

(ii)� "Preceding year" means a period of twelve (12) consecutive months fixed by the commission which shall be within the eighteen (18) months immediately preceding the commencement of the registration year for which registration is sought;

(iii) �"Reciprocity" means the exemption of a vehicle from registration and payment of Wyoming registration fees;

(iv)� "Registration year" means the calendar year;

(v)� "Total miles" means the total number of miles operated by a commercial vehicle or fleet of commercial vehicles in all jurisdictions during the preceding year;

(vi)� "Wyoming based commercial vehicle" means a commercial vehicle:

(A)� The owner of which maintains an established place of business in Wyoming, the operational records of which are maintained or readily available in Wyoming and mileage of which is accrued in Wyoming; or

(B)� Which is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled from or in Wyoming.

(vii)� "Commercial vehicle" means any vehicle or vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit and shall include, but not be limited to:

(A)� A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;

(B)� A power unit having three (3) or more axles regardless of weight; or

(C)� Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight.

(b)� Except as otherwise provided by W.S. 31-18-202 and subsections (h) and (j) of this section, every owner of a commercial vehicle or fleet of commercial vehicles shall comply with the requirements for certificates of title contained in W.S. 31-2-101 through 31-2-105 and register and license the vehicle or fleet for operation in Wyoming in accordance with the time requirements contained in W.S. 31-2-201(a)(i) and (ii) as follows:

(i)� With the department if an owner of a commercial vehicle or fleet of commercial vehicles which will be operated in Wyoming and any other jurisdiction;

(ii)� With the county treasurer of the county in which the owner resides or in which the vehicle or fleet is based if a commercial vehicle or fleet of commercial vehicles which will not be proportionally registered for operation in Wyoming and any other jurisdiction.

(c)� Applications for registration of commercial vehicles pursuant to this section shall contain the following information and such other information as required by the department:

(i)� If registering under paragraph (b)(i) of this section:

(A)� Instate miles during the preceding year, or if none, an estimate of instate miles to be accrued by the vehicle or fleet during the registration year;

(B)� Total miles during the preceding year, or if none, an estimate of total miles to be accrued by the vehicle or fleet during the registration year;

(C)� A description and identification of the vehicle;

(D)� Evidence of compliance with W.S. 31-2-101;

(E)� Information required by W.S. 31-2-103;

(F)� A declaration of the gross vehicle weight for each commercial vehicle or combination of commercial vehicles.

(ii)� If registering under paragraph (b)(ii) of this section, the information required by subparagraphs (c)(i)(C), (D), (E) and (F) of this section. If the commercial vehicle is under twenty-six thousand (26,000) pounds gross vehicle weight rating, application shall be made to the department of transportation for the county treasurer to issue commercial license plates.

(d)� Applications made pursuant to paragraph (b)(i) of this section shall be accompanied by an administrative fee of six dollars ($6.00) for each motor vehicle, trailer or semitrailer to be registered and an additional fee to be computed as follows:

(i)� In the case of a Wyoming based commercial vehicle or fleet, or a commercial vehicle or fleet based in a jurisdiction permitting proportional registration of similar Wyoming based commercial vehicles or fleets which will be operated under intrastate for hire operating authority granted by the department, except trailers, divide instate miles by total miles and multiply times the county fee prescribed by W.S. 31-18-401(a)(i) and the state fee prescribed by W.S. 31-18-401(a)(ii), and an additional fee of fifteen dollars ($15.00) to the counties for each vehicle to be registered;

(ii)� Except as otherwise provided by paragraph (iii) of this subsection, in the case of a commercial vehicle or fleet based in a jurisdiction permitting proportional registration of similar Wyoming based commercial vehicles or fleets which will not require intrastate for hire operating authority from the department, divide instate miles by total miles and multiply times the equalized highway use tax prescribed by W.S. 31-18-401(a)(iii) and the state fee prescribed by W.S. 31-18-401(a)(ii) for each vehicle to be registered;

(iii)� Notwithstanding the provisions of paragraph (ii) of this subsection and W.S. 31-18-401(a)(iii) an owner of a commercial vehicle as defined in paragraph (ii) of this subsection may file an application with the department prior to January 1 of the year in which registration is due requesting payment of the proportioned county fee in lieu of the equalized highway use tax prescribed in W.S. 31-18-401(a)(iii). The department shall authorize the taxpayer to pay the lesser of the county registration fee prescribed in W.S. 31-18-401(a)(i) times instate miles divided by total miles or the equalized highway use tax if the department receives the information which is necessary to calculate the county fee and the equalized highway use tax prior to the time prescribed by this paragraph.� The department shall notify the taxpayer of the amount due under this paragraph within thirty (30) days of the date the necessary information is received.� The taxpayer shall pay the amount due as determined by the department pursuant to this paragraph prior to April 1 of the year in which registration is due.� Fees collected pursuant to this paragraph shall be distributed to the state highway fund.

(e)� Every owner engaged in the business of renting utility trailers shall register a number of trailers equal to the average number of utility trailers rented in or through Wyoming during the preceding year. Thereafter, all utility trailers rented or leased by the owner and properly identified and licensed in any jurisdiction may operate in Wyoming on an interstate and intrastate basis. The owner shall submit verifiable data to the department as to the average number of trailers rented or operated in Wyoming during the preceding year and such other information as may be required by the department. All applicable fees shall be paid to and, if necessary, license plates issued by the department.

(f)� Repealed by Laws 2009, Ch. 128, � 4.

(g)� Every owner engaged in the business of renting rental trucks less than twenty-six thousand (26,000) pounds gross weight operated as part of an identifiable one-way fleet shall register a number of rental trucks equal to instate miles divided by total miles times the number of rental vehicles in the fleet. Thereafter, all fleet rental trucks may operate in Wyoming on an interstate and intrastate basis. The owner shall submit verifiable data and pay applicable fees to the department. The department shall issue evidence of registration of the fleet.

(h)� The department may enter into agreements relating to proportional registration of commercial vehicles with authorities of one (1) or more jurisdictions to facilitate administration. Every agreement shall be in writing and filed in the office of the secretary of state. Every agreement shall contain a provision authorizing the department to cancel and revoke the agreement with respect to Wyoming upon thirty (30) days notice to other parties thereto. Agreements shall provide for the submission of an application containing the information required by subsection (c) of this section to the department in the case of Wyoming based commercial vehicles and to the department or an authorized agency in another jurisdiction, in the case of non-Wyoming based commercial vehicles. As used in this subsection "commercial vehicle" includes utility trailers, rental vehicles and rental trucks.

(j)� Agreements may also provide for the following:

(i)� Full reciprocity for non-Wyoming based commercial vehicles operated solely in interstate commerce of specified types, or gross or unladen weights, in exchange for equivalent reciprocity for Wyoming based commercial carriers;

(ii)� Reciprocal audits of records of owners or commercial vehicles by jurisdictions parties to the agreement;

(iii)� A definition of "fleet" which varies from W.S. 31-1-101(a)(vi);

(iv)� Such other matters which will facilitate the administration of the agreement, including exchange of information for audits and enforcement activity and collection and disbursement of proportioned registration fees for other jurisdictions in the case of Wyoming based commercial vehicles.

(k)� Upon application and payment of fees as prescribed by subsection (d) of this section, the department shall register commercial vehicles and in the case of Wyoming based commercial carriers issue distinctive Wyoming license plates. In the case of non-Wyoming based commercial vehicles the department may issue distinctive Wyoming license plates, distinctive stickers, or other suitable visual identification devices in such form as prescribed by the department which shall be affixed to the vehicle as required by the department. The department may also issue a registration card for each vehicle registered identifying the vehicle which shall be carried in the vehicle at all times.

(m)� Commercial vehicles or fleets registered as provided by this section are fully licensed and registered in Wyoming for any type of movement or operation excluding those instances in which a grant of authority is required for intrastate movement or operation in which case no vehicle shall be operated in intrastate commerce unless the owner or operator has intrastate authority or rights from the department.

(n)� If the department determines that mileage records or mileage estimates of any owner are not satisfactory for the purpose of registration under this section, the department may prescribe or permit an alternate method designed to present a more accurate representation of the proportion of the preceding year to be ascribed to the owner's commercial vehicle or fleet in substitution for the quotient prescribed by subsection (d) of this section. If the department determines that the quotient used for the preceding registration year varies substantially from the quotient submitted for the registration year under application, the department may recompute the quotient for the preceding registration year on the basis of information contained in the application or from the applicant's records or from such other information as it may have available to it and charge such additional fees as may be required by the redetermined quotient.

(o)� Vehicles acquired by an owner after the commencement of the registration year and subsequently added to a proportionally registered fleet shall be proportionally registered by applying the mileage percentage used in the original application for the fleet for the registration period to the fees otherwise due with respect to the vehicle for the remainder of the registration year. This subsection does not apply to any commercial vehicle operated by the owner as a lessee of another owner who has in the registration year proportionally registered the vehicle in Wyoming if the lessor establishes to the satisfaction of the department that he maintains and will submit complete annual mileage data for the vehicle for all jurisdictions, including, by individual jurisdictions, all miles operated in service by the lessor and his lessee and that the vehicle or its replacement will, in the normal course of operations, be included in the lessor's proportional registration application in Wyoming for the succeeding license year.

(p)� If a commercial vehicle is withdrawn from a proportionally registered fleet during any registration year the owner shall so notify the department. The department shall require the owner to surrender proportional registration cards and such other identification devices which have been issued with respect to the vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold or otherwise completely removed from the service of the owner the unused portion of the registration fee paid with respect to the vehicle, which is a sum equal to the amount of registration fee paid with respect to the vehicle for the registration year reduced by one twelfth (1/12) for each calendar month and fraction elapsing between the first day of the month of the registration year and the date the notice of withdrawal is received by the department, shall be credited to the proportional registration account of the owner. The credit shall be applied against liability for subsequent additions to be prorated during the registration year. If the credit is less than five dollars ($5.00) per vehicle withdrawn no credit shall be made or entered. In no event shall the amount be credited against fees other than those for the registration year nor is any amount subject to refund.

(q)� Any owner registering a vehicle pursuant to this section shall preserve the records on which the application is based for three (3) years following the registration year for which registration was permitted. Upon request of the department, the owner shall make his records available during reasonable business hours for audit as to accuracy of computations, payments and assessment of deficiencies or allowances for credit. The department may enter into agreements with agencies of other jurisdictions administering motor vehicle registration laws for reciprocal audits of the records of any owner. Audits performed by agencies of other jurisdictions may be accepted and utilized by the department in the same manner as if the audit had been performed by personnel of the department.

(r)� Any sums found to be due and owing upon audit bear interest of one and three-quarters percent (1.75%) per month from the date when they should have been paid until the date of actual payment. If the audit discloses a deliberate and willful intent to evade the requirements of this section, an additional penalty of one percent (1%) per month of sums found to be due and owing on audit from the date when they should have been paid shall be also assessed.

(s)� Except as otherwise provided in this section, owners of commercial vehicles meeting the registration requirements of another jurisdiction and subject to registration in Wyoming and not entitled to exemption from registration or licensing under this section may, as an alternative to registration or proportional registration� secure a temporary permit from the department to make a single trip into, within or out of Wyoming for a period of not to exceed ninety-six (96) hours for a fee of twenty dollars ($20.00) for each single unit operated as a single unit or forty dollars ($40.00) for each legal combination of units including only one (1) power unit. In lieu of the fee required by W.S. 39-17-106(g) or 39-17-206(d) for license and taxation of gasoline or diesel fuels the operator may secure a temporary permit from the department to operate in Wyoming for a period of not to exceed ninety-six (96) hours for a fee of seven dollars and fifty cents ($7.50) for each single unit operated as a single unit or fifteen dollars ($15.00) for each legal combination of units including only one (1) power unit.

(t)� An owner of a commercial vehicle engaged in the motion picture industry whose vehicle is properly registered in another state and not entitled to the registration or licensing exemption under W.S. 31-2-224 or this section may, as an alternative to registration or proportional registration and in lieu of the fee required by W.S. 39-17-106(g) and 39-17-206(d), apply to the department for a temporary permit to operate the vehicle in Wyoming for ninety (90) days upon payment of the appropriate fees prescribed in subsection (s) of this section. As used in this subsection, "motion picture industry" includes all filming in this state for commercial purposes including advertising. Any person operating a vehicle in Wyoming beyond the period authorized in the temporary permit is subject to a civil penalty requiring full registration of the vehicle in Wyoming for the registration year in which the violation occurred and payment of all fees required for registration.

(u)� Any person legally engaged in the transportation of new vehicles over the highways of this state from manufacturing or assembly points to agents of manufacturers or dealers in this state or in other states, territories or foreign countries or provinces by the drive away or tow away methods, where the vehicle being driven, towed on its own wheels, or transported by the saddlemount, towbar or full-mount methods, or a lawful combination of these methods, for the purpose of sale, barter or exchange, or for delivery after sale, may annually apply to the department for a permit and a transporter number plate to use the highways of this state and pay a fee of three hundred dollars ($300.00) for the permit and thirty dollars ($30.00) for each transporter number plate. The transporter plate shall be displayed upon the front of the driven vehicle combination or upon the rear of a motor vehicle driven singly or upon the rear of a vehicle being towed.� The permit shall be valid for the current year ending December 31.� Vehicles may be transported as provided under this subsection while displaying the plate. Transporters who fail to display the plate will be required to obtain a single trip permit from the department pursuant to subsection (s) of this section.

(w)� An operator of a tour bus may obtain a temporary permit pursuant to subsection (s) of this section. An operator of a mobile drilling rig or well servicing unit operated interstate and which is constructed as a machine consisting in general of a mast, an engine for power and propulsion, a draw works and a chassis permanently constructed or assembled for the vehicle may obtain a single trip permit in accordance with subsection (s) of this section. Mobile drilling rigs or well servicing units making an intrastate move shall be registered in Wyoming.

(y)� A temporary permit issued under this section shall be carried in the power unit.� Unlawful use of the temporary permit or fraudulent or false information given to obtain the temporary permit invalidates the permit and results in the penalty provided by W.S. 31-18-701.� The department shall cancel, revoke or refuse to issue the temporary permits provided by this section based upon a finding from its records and prior experience or from the records and prior experience of the department that:

(i)� The operation or equipment used renders the highways unsafe;

(ii)� Delinquent fees are due and payable to the department; or

(iii)� The permittee has not complied with or continues to not comply with all laws and applicable rules and regulations of this act or governing the operations of interstate motor carriers as defined by law.

(z)� The following vehicles are exempt from the provisions of this section:

(i)� Vehicles granted reciprocity pursuant to W.S. 31-2-203;

(ii)� The following vehicles if validly registered in states contiguous to Wyoming if the contiguous states grant similar exemptions to Wyoming owners of like vehicles:

(A)� Wreckers or service cars when towing or hauling other vehicles for emergency repairs;

(B)� Trucks, or permissible combinations of trucks and trailers, when being used by any farmer or rancher for the transportation of livestock, feed or unprocessed agricultural products owned and produced by the farmer or rancher of production to market, and of farm and ranch supplies solely intended for the use of the farmer or rancher, and not for sale, when being transported on the return trip.

31-18-202.� Reciprocal agreements and exemptions.

(a)� The department may negotiate reciprocal agreements with appropriate officials of any other jurisdiction, in which nonresidents of this state shall be exempt from Wyoming vehicle registration fees in exchange for equivalent exemptions from like fees imposed by the other jurisdictions on residents of this state.

(b)� The department shall determine from time to time and advise each Wyoming motor vehicle registration and fee collecting official or other person and each state agency charged with enforcing motor vehicle statutes of Wyoming of the name of each state contiguous to Wyoming which has granted or subsequently grants for the benefit of affected Wyoming motor vehicle owners reciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of this section, together with the nature and extent of each reciprocal grant by the other state, and shall likewise advise of the name of each jurisdiction with which the department has entered into a reciprocal agreement together with the nature and extent of the reciprocal grants made.

31-18-203.� Definitions; registration required.

(a)� As used in W.S. 31-18-203 through 31-18-208:

(i)� "Mobile machinery" means heavy equipment, except shop or hand tools or attachments, which is self-propelled, towed or hauled and used primarily in construction and maintenance of roads, bridges, ditches, buildings or land reclamation;

(ii)� The definitions in W.S. 31-1-101 apply in this division;

(iii)� "This division" means W.S. 31-18-203 through 31-18-208.

(b)� Except as provided in W.S. 31-18-204, no mobile machinery shall be operated in this state, whether or not upon the public highways of this state, unless registered under this division. Prior to using any mobile machinery on any construction project receiving state funds, the contractor shall provide certification to the public agency or engineer in charge of the project that the mobile machinery has been registered as required by this division.

(c)� Notwithstanding subsection (b) of this section, mobile machinery listed on a property tax assessment roll in this state is exempt from the registration requirement of this division.� Each county treasurer shall issue stickers pursuant to this division to owners of mobile machinery listed on a property tax assessment roll in this state upon receipt of an application by the owner and payment of an administrative fee of six dollars ($6.00).

31-18-204.� Exemptions.

(a)� The provisions of W.S. 31-18-203 through 31-18-208 do not apply to mobile machinery:

(i)� Owned by the United States, the state of Wyoming or any political subdivision thereof;

(ii)� Which is an implement of husbandry;

(iii)� Currently registered under W.S. 31-2-201 or 31-18-201;

(iv)� Being transported from a point outside this state through this state or for delivery or repair in this state;

(v)� Held for sale by a person engaged in the business of selling mobile machinery;

(vi)� Used in the extraction or production of bentonite, coal, trona or uranium and owned by the producer;

(vii)� Used exclusively for the drilling of wells;

(viii)� Brought into the state for a period not to exceed seven (7) calendar days to demonstrate the operation of the mobile machinery to prospective buyers.

31-18-205.� Registration; application; fees; department responsibilities; transfer of ownership.

(a)� Owners or operators of mobile machinery required to be registered under W.S. 31-18-203 through 31-18-208 shall apply to a county treasurer in this state annually and pay a registration fee in lieu of property taxes as provided in subsection (e) of this section.� For mobile machinery registered after February 1 in any year, the fee shall be computed by multiplying the fee under subsection (e) of this section times the number of full months remaining in the calendar year and dividing by twelve (12). County treasurers shall distribute fees collected under this subsection in the same manner and proportion as property taxes.

(b)� County treasurers shall issue stickers and certificates of registration to owners of mobile machinery registered under this section.� The sticker shall be displayed on the mobile machinery for which it was issued so as to be visible by a person not operating the mobile machinery.

(c)� The department shall prescribe application forms and the form of stickers and certificates of registration issued under this section and provide them without charge to each county treasurer. The department shall furnish stickers and a "mobile machinery register" to each county treasurer in a similar manner as a vehicle register is provided under W.S. 31-2-213.� The department may promulgate rules necessary to implement this act.

(d)� The registration of mobile machinery expires ten (10) days after its transfer unless the original owner files an application for a transfer of ownership accompanied by the fees based on the amount which would be due on a new registration as of the date of transfer less any credit for the unused portion of the original registration fees for the original registration for the mobile machinery and an additional fee of six dollars ($6.00) with a county treasurer.� Upon receipt of a completed application and the required fee, the county treasurer shall issue the new owner a new certificate of registration.� The fee collected under this subsection shall be deposited in the county general fund.

(e)� The fee for mobile machinery shall be computed by multiplying the statewide average county, school district and state property tax mill levy for the preceding year as computed by the state board of equalization times the applicable assessment factor times the valuation of the mobile machinery. The department of revenue shall establish schedules for valuation of mobile machinery for use by county treasurers.

31-18-206.� Temporary registration.

(a)� In lieu of registration under W.S. 31-18-205, a non-Wyoming based owner or operator of mobile machinery may apply for a temporary registration sticker valid for not more than eleven (11) months, providing the temporary registration sticker shall not extend in to the next calendar year, from either a county treasurer or the department. The owner or operator shall present sufficient documentation to allow the county treasurer or the department to establish the valuation of the mobile machinery. The fee for the authority to use and display the temporary sticker shall be computed by multiplying the fee under W.S. 31-18-205(e) times the number of months requested in the calendar year and dividing by twelve (12), plus an administrative fee of ten dollars ($10.00) and six dollars ($6.00) for the sticker.

(b)� The fees for mobile machinery collected by the county treasurer under this section shall be distributed in the same manner and proportion as property taxes. The fees for mobile machinery collected by the department under this section shall be distributed in the same manner as fees for non-Wyoming based commercial vehicles under W.S. 31-3-103(a). Administrative fees collected by the county treasurer shall be deposited in the county general fund, and those collected by the department shall be deposited in the highway fund.

(c)� The sticker issued under this section shall be displayed on the mobile machinery in the same manner as stickers issued under W.S. 31-18-205.

31-18-207.� Rental or leased machinery.

(a)� In lieu of payment of the registration fee under W.S. 31-18-205, the owner of any mobile machinery who is regularly engaged in the sale, rental or both sale and rental of mobile machinery and who rents or leases mobile machinery to another individual or corporation in which the owner has no interest for one (1) or more periods of at least sixty (60) days in any calendar year may elect to pay a registration fee under this section.

(b)� Authorization for payment of registration fees under this section shall be obtained from the county treasurer in the county in which the owner's principal place of business is located.� The owner shall also apply for an identifying decal for each item of mobile machinery to be rented or leased.� The identifying decal shall be affixed to the item of mobile machinery at the time it is rented or leased.� The owner shall keep records of each decal issued and a description of the item of mobile machinery to which it is affixed.� The fee for each identifying decal is six dollars ($6.00), and payment shall be made at the time of application to the county treasurer.� Decals expire at the end of each calendar year, and application for new decals shall be made for each calendar year or portion thereof.� The owner shall remove any identifying decal upon the sale or change of ownership of mobile machinery.� The fee collected under this subsection shall be deposited in the county general fund.

(c)� Upon receiving authorization under subsection (b) of this section, the owner shall collect from the user a registration fee in the amount equivalent to one-half of one percent (0.5%) of the amount of the rental or lease payment. No later than the twentieth day of the January following, the owner shall submit a calendar year report, using forms which shall be furnished by the department of revenue, to the county treasurer in which the mobile machinery is used, together with the remittance for all taxes collected for the preceding calendar year.

(d)� Reports shall be made even if no registration fees were collected by the owner in the previous calendar year.� Failure to make reports for sixty (60) days is grounds for termination of the owner's right to pay fees under this section.� If the owner has failed to remit fees received from a renter or lessee during the sixty (60) day period, the county treasurer may proceed to collect these delinquent fees in the manner provided for collection of delinquent taxes under W.S. 39-13-108(e)(i)(A).

(e)� The department of revenue shall promulgate rules and regulations for the administration and enforcement of this section.

31-18-208.� Prohibited act; penalties.

(a)� No person shall knowingly make any false statement in any application or other document required under W.S. 31-18-203 through 31-18-208.

(b)� Any person who violates any provision of W.S. 31-18-203 through 31-18-208 is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both for each violation.

(c)� Any person who violates any provision of W.S. 31-18-203 through 31-18-208 shall, in addition to any fine imposed under subsection (b) of this section, pay the required fee plus a penalty of ten percent (10%) of the required fee.

31-18-209.� Issuance of authority; matters to be considered; deposit of insurance.

(a)� The department shall issue authority to qualified motor carriers. The authority shall remain valid and in effect unless revoked by the department for good cause, such as a violation of this act, or cancelled at the request of the authority holder.

(i)� Repealed By Laws 1998, ch. 46, � 2.

(ii)� Repealed By Laws 1998, ch. 46, � 2.

(b)� The replacement fee for a letter of authority shall be ten dollars ($10.00).� Applications for authority shall be made in writing and verified and shall contain the following information:

(i)� The name and address of applicant;

(ii)� A statement of the nature of transportation service proposed;

(iii)� Repealed By Laws 1998, ch. 46, � 2.

(iv)� Repealed By Laws 1998, ch. 46, � 2.

(v)� Repealed By Laws 1998, ch. 46, � 2.

(vi)� Repealed By Laws 1998, ch. 46, � 2.

(vii)� Repealed By Laws 1998, ch. 46, � 2.

(viii)� Repealed By Laws 1998, ch. 46, � 2.

(ix)� Appropriate additional information as the department deems necessary; and

(x)� A filing fee of fifty dollars ($50.00);

(xi)� Repealed By Laws 2007, Ch. 215, � 3.

(c)� Repealed By Laws 1998, ch. 46, � 2.

(d)� Repealed By Laws 1998, ch. 46, � 2.

(e)� As the department grants authority it shall assign each motor carrier a docket number and shall notify the appropriate divisions within the department.

(f)� The department shall require intrastate contract carriers to deposit with it, policies of insurance companies which are either authorized to do business in Wyoming or are lawfully able to transact insurance without a certificate of authority pursuant to title 26 of the Wyoming statutes as determined by the insurance commissioner of this state or other adequate security for cargo, public liability and property damage insurance for the protection of the public generally. The policy of insurance, bond or proof of other security shall be continuous and remain in full force and effect unless and until cancelled on not less than thirty (30) days written notice to the department, the notice to commence to run from the date it is received at the office of the department. The cancellation filed with the department shall, upon its effective date, suspend the operating authority of the affected carrier and no operations shall be conducted on any highway until the insurance, bond or other adequate security, in the form and amount required, becomes effective and is approved by the department. The department shall require contract motor carriers to use and carry in their motor vehicles at all times uniform bills of lading, showing all property currently being transported, to deliver copies to both consignor and consignee and to retain a copy for the inspection of the department and the state highway patrol.

31-18-210.� Repealed By Laws 1998, ch. 46, � 2.

31-18-211.� Repealed By Laws 1998, ch. 46, � 2.

31-18-212.� Repealed By Laws 1998, ch. 46, � 2.

31-18-213.� Repealed By Laws 1998, ch. 46, � 2.

ARTICLE 3 - GENERAL REGULATORY PROVISIONS

31-18-301.� Permanent cards and decals; operation without authority; inspections.

(a)� The authority of any motor carrier issued after April 1, 1989, is valid until cancelled or revoked.

(b)� No motor carrier that is required to have authority shall operate on the highways without a copy of the current authority carried in each power unit.

(c)� A copy of the current authority shall upon demand, be presented by the driver of the vehicle to any of the field investigators of the department, members of the state highway patrol or authorized personnel of the department at its ports of entry. Investigators, troopers and authorized personnel may compel the driver to stop and submit the vehicle to an inspection by signs directing commercial vehicles or the motor carrier to stop at ports of entry or other locations designated by the department or by warning devices on vehicles of investigators, troopers or authorized personnel. All ports of entry shall post signs or signals indicating when the facility is open and directing commercial vehicles or motor carriers to stop for inspection. Notwithstanding the provisions of this section, a vehicle that is properly registered, has a proper fuel license, valid authority and is legal in size and weight, upon approval by the department, may be authorized to bypass a port of entry unless specifically directed to stop by an investigator, trooper or authorized personnel or by a sign or signal specifically requiring those vehicles to stop. These vehicles may, however, be required to slow to the designated speed and use the directed traffic lane for size and weight screening purposes.

(d)� Vehicles checking through a port of entry shall not be required to stop at any other port of entry within the state on that trip unless there is an increase in the size or weight of the vehicle or its load, or unless specifically directed to stop by an investigator, trooper or authorized personnel or by a sign or signal specifically requiring those vehicles to stop.

31-18-302.� Repealed By Laws 1998, ch. 46, � 2.

31-18-303.� Authority of department to adopt rules and regulations governing drivers, equipment and hazardous materials; exceptions; maximum operating hours.

(a)� The department shall adopt rules and regulations prescribing the permissible operating time and other requirements of motor carrier drivers, equipment and the transportation of hazardous materials which are consistent with comparable regulations of the United States department of transportation.

(b)� Public utility personnel and associated emergency personnel are exempt from driving time regulations only if an emergency exists.� If an occasion or instance jeopardizes public health or safety or endangers property, an emergency situation exists.� In such an event, if public utilities and associated emergency personnel respond, they are exempt from driving time regulations if the public utility exercises due diligence in contacting state or local officials, and documents its efforts.

(c)� Unless exception is made by the department after public hearings held pursuant to the Wyoming Administrative Procedure Act, the rules of the department shall be current with rules adopted by the United States department of transportation, as now or hereafter amended.

(d)� Repealed By Laws 2009, Ch. 183, � 2.

(e)� Intrastate, for-hire transportation of passengers in vehicles with an occupant capacity of seven (7) or more, but not more than fifteen (15), is subject to the hours of service requirements of 49 CFR Part 395 as it applies to vehicles with occupant capacities of fifteen (15) or more, as adopted pursuant to subsection (a) of this section.

31-18-304.� Display of name or trade name.

(a)� No person may operate a commercial vehicle unless the name or trade name of the motor carrier is displayed.

(b)� The display required by subsection (a) of this section shall be of a size, shape and color which is legible from fifty (50) feet in daylight when the vehicle is not moving.� The display shall be maintained so as to remain legible.� If the display required by subsection (a) of this section is otherwise maintained, separate display on semitrailers and trailers is not required.

(c)� This section does not apply to vehicles:

(i)� Repealed By Laws 2009, Ch. 183, � 2.

(ii)� Repealed By Laws 2009, Ch. 183, � 2.

(iii)� Repealed By Laws 1998, ch. 46, � 2.

(iv)� Identified as property of the United States, this state or any political subdivision of this state; or

(v)� Classified as implements of husbandry.

(d)� No person shall operate a commercial vehicle subject to subsection (a) of this section and displaying the name or trade name of the motor carrier if the agreement between the motor carrier and the person authorizing the person to operate the vehicle has expired or is terminated.

ARTICLE 4 - FEES

31-18-401.� Registration fees.

(a)� Except as otherwise provided, the following fees shall accompany each application for the registration of a commercial vehicle:

(i)� A county registration fee computed in accordance with W.S. 31-3-101(a)(i);

(ii)� A state registration fee computed as follows:

(A)� Commercial vehicles except passenger cars, school buses, house trailers and motorcycles for which the fees shall be computed as provided by W.S. 31-3-101(a)(ii) based on gross vehicle weight pursuant to the following table:

GROSS VEHICLE OR GROSS

COMBINATION VEHICLE WEIGHT IN POUNDS�� FEE

26,000 - or less�� $180.00

26,001 - 28,000�� 195.00

28,001 - 30,000�� 210.00

30,001 - 32,000�� 225.00

32,001 - 34,000�� 250.00

34,001 - 36,000�� 275.00

36,001 - 38,000�� 300.00

38,001 - 40,000�� 325.00

40,001 - 42,000�� 350.00

42,001 - 44,000�� 375.00

44,001 - 46,000�� 400.00

46,001 - 48,000�� 425.00

48,001 - 50,000�� 450.00

50,001 - 52,000�� 475.00

52,001 - 54,000�� 500.00

54,001 - 55,000�� 512.50

55,001 - 56,000�� 525.00

56,001 - 58,000�� 550.00

58,001 - 60,000�� 575.00

60,001 - 62,000�� 600.00

62,001 - 64,000�� 625.00

64,001 - 66,000�� 650.00

66,001 - 68,000�� 675.00

68,001 - 70,000�� 700.00

70,001 - 72,000�� 725.00

72,001 - 74,000�� 750.00

74,001 - 76,000�� 775.00

76,001 - 78,000�� 800.00

78,001 - 80,000�� 825.00

�� For weights over eighty thousand (80,000) pounds, the fee shall be eight hundred twenty-five dollars ($825.00) plus twenty-five dollars ($25.00) for each additional two thousand (2,000) pounds or fraction thereof.

(B)� For vehicles equipped with nonpneumatic tires of an unladen weight in excess of 3,500 pounds, increase the fees prescribed by subparagraph (A) of this paragraph by twenty dollars ($20.00);

(C)� Commercial vehicles being operated as a combination of two (2) or more vehicles shall be registered on the gross combined weight and pay fees as prescribed by subparagraph (a)(ii)(A) and paragraph (a)(iii) of this section.

(iii)� Except as otherwise provided in W.S. 31-18-201(d)(iii), an equalized highway use tax collected by the department in lieu of the county registration fee imposed by paragraph (a)(i) of this section for commercial vehicles or fleets proportionally registered under W.S. 31-18-201(b)(i) and described in W.S. 31-18-201(d)(ii) pursuant to the following table:

�VEHICLE OR COMBINATION

� GROSS VEHICLE WEIGHT�� EQUALIZED HIGHWAY

� IN POUNDS�� USE TAX

�� 26,000 - or less�� $ 80.00

�� 26,001 - 28,000�� 100.00

�� 28,001 - 30,000�� 150.00

�� 30,001 - 32,000�� 200.00

�� 32,001 - 34,000�� 250.00

�� 34,001 - 36,000�� 300.00

�� 36,001 - 38,000�� 350.00

�� 38,001 - 40,000�� 400.00

�� 40,001 - 42,000�� 450.00

�� 42,001 - 44,000�� 500.00

�� 44,001 - 46,000�� 550.00

�� 46,001 - 48,000�� 600.00

�� 48,001 - 50,000�� 650.00

�� 50,001 - 52,000�� 700.00

�� 52,001 - 54,000�� 750.00

�� 54,001 - 56,000�� 800.00

�� 56,001 - 58,000�� 850.00

�� 58,001 - 60,000�� 900.00

�� 60,001 - 62,000�� 950.00

�� 62,001 - 64,000�� 1,000.00

�� 64,001 - 66,000�� 1,050.00

�� 66,001 - 68,000�� 1,100.00

�� 68,001 - 70,000�� 1,150.00

�� 70,001 - 72,000�� 1,200.00

�� 72,001 - 74,000�� 1,250.00

�� 74,001 - 76,000�� 1,300.00

�� 76,001 - 78,000�� 1,350.00

�� 78,001 - 80,000�� 1,400.00

For weights over eighty thousand (80,000) pounds, the tax under this paragraph shall be one thousand four hundred dollars ($1,400.00) plus fifty dollars ($50.00) for each additional two thousand (2,000) pounds or fraction thereof.

(b)� The fees prescribed by subsection (a) of this section are modified for owners of the following commercial vehicles:

(i)� Fees prescribed in subsection (a) of this section for vehicles not previously qualified for operation in this state are reduced by the proportionate share of the year prior to first operation if the vehicles have not been illegally operated on the highways of this state prior to application for registration;

(ii)� A farmer, rancher, logger or well servicer who owns a commercial vehicle or combination of commercial vehicles operated by him or his employees primarily in agricultural operations, logging operations from the source to the mill, or in the servicing of well field operations and registered with the county treasurer under W.S. 31-18-201(b)(ii) shall pay twenty-five percent (25%) of the fee prescribed in� subparagraph (a)(ii)(A) of this section;

(iii)� An owner of a commercial vehicle or combination of vehicles registered with the county treasurer under W.S. 31-18-201(b)(ii), except for a vehicle owner whose fee is modified pursuant to paragraph (ii) of this subsection, shall pay a percentage of the state registration fee prescribed by subparagraph (a)(ii)(A) of this section as provided in the table below if the owner states under oath on a form prescribed and furnished by the department that the owner will not operate the vehicle or combination of vehicles more than the applicable number of miles stated in the table below on highways in the calendar year of registration:

NUMBER OF MILES�� PERCENTAGE OF

�� OPERATED�� STATE FEE

2,500 miles or less�� 15%

2,501 to 5,000 miles�� 20%

5,001 to 10,000 miles�� 25%

10,001 to 20,000 miles�� 50%

20,001 to 30,000 miles�� 75%

(iv)� The department shall prescribe by rule and regulation a means to identify conspicuously the vehicle or combination of vehicles for which a percentage of the state fee is paid at the time of registration pursuant to paragraphs (ii) and (iii) of this subsection.� The department shall furnish the means of identification to each county treasurer to be issued at the time of registration.� The vehicle owner shall display the means of identification as required by rules and regulations of the department.� Failure to display the identification as required shall result in the penalties provided by law for failure to display a license plate;

(v)� If an owner of a commercial vehicle or combination of vehicles who pays a percentage of the state fee pursuant to paragraph (iii) of this subsection desires to increase the authorized amount of mileage for which the vehicle or combination of vehicles is registered, he shall pay an additional fee equal to the fee due for the additional amount of miles less the amount of fee paid at the time of registration.� If the department determines through an audit, a verification of mileage statements or other means that the owner of a commercial vehicle or combination of vehicles has exceeded the authorized amount of mileage, an additional fee shall be due equal to twice the amount that should have been paid for the actual amount of miles driven less the fee paid pursuant to this paragraph and paragraph (iii) of this subsection;

(vi)� A vehicle designed and used exclusively for the purpose of removing, towing or transporting wrecked, disabled or replacement vehicles incidental to an accidentally wrecked or disabled vehicle shall be considered a single unit and the fees prescribed by subparagraph (a)(ii)(A) and paragraph (a)(iii) of this section shall be based only on the gross weight of the towing vehicle.

31-18-402.� Repealed By Laws 1998, ch. 46, � 2.

31-18-403.� Single trip permits; temporary permits for motion picture industry vehicles, tour buses and mobile drilling rigs.

(a)� Repealed By Laws 1998, ch. 46, � 2.

(b)� Repealed By Laws 1998, ch. 46, � 2.

(c)� Repealed by Laws 1989, ch. 129, � 3.

(d)� Repealed by Laws 1989, ch. 129, � 3.

(e)� Repealed By Laws 1998, ch. 46, � 2.

(f)� Repealed by Laws 1989, ch. 129, � 3.

(g)� Repealed by Laws 1989, ch. 129, � 3.

(h)� Repealed By Laws 1998, ch. 46, � 2.

(j)� An operator of a mobile drilling rig operated interstate and used in the production of gas, crude petroleum or oil which is constructed as a machine consisting in general of a mast, an engine for power and propulsion, a draw works and a chassis permanently constructed or assembled for the vehicle may obtain a single trip permit from the department in accordance with subsection (a) of this section and W.S. 31-18-201(s). Vehicles making an intrastate move shall be registered in Wyoming. Vehicles already registered in Wyoming need only notify the highway patrol when the vehicle is to be moved on a highway. Compliance with this section exempts the operator from all fees and inspections otherwise required by the commission [department] or its agents.

31-18-404.� Demonstration permits.

(a)� Repealed By Laws 1997, ch. 154, � 3.

(b)� Repealed by Laws 1997, ch. 154, � 3.

(c)� Repealed By Laws 1997, ch. 154, � 3.

(d)� A vehicle designed primarily for the transportation of property being operated with a load for demonstration purposes shall, in addition to a demo or manufacturer plate, display a demonstration permit indicating under whose authority the vehicle is being operated and the dates of demonstration which shall not exceed ninety-six (96) hours. The permit shall be obtained from the department upon application and payment of the required fee.

31-18-405.� Collection of fees; audits.

(a)� The department shall collect all fees payable under this act and shall adopt and enforce rules and regulations to ensure their collection.

(b)� The department may examine and audit the records of all motor carriers to determine compliance with this act. All motor carriers shall keep and maintain records adequate to enable the department to examine and audit the records. The records shall not be destroyed for three (3) years or until the records are examined and audited, whichever occurs first.

31-18-406.� Distribution of fees; refunds.

(a)� Fees collected pursuant to W.S. 31-18-401(a)(i) for the registration of Wyoming based commercial vehicles or fleets pursuant to this act shall be distributed monthly to the county in which each vehicle or fleet is principally located and for the registration of non-Wyoming based commercial vehicles or fleets, rental vehicles, utility trailers and rental trucks shall be distributed monthly to the counties in the ratio that the total miles of primary, secondary and interstate highways in each county bears to the total miles of primary, secondary and interstate highways in the state.

(b)� Fees collected pursuant to W.S. 31-18-401(a)(i) and subsection (a) of this section shall be distributed by county treasurers in the same proportions and manner as property taxes are distributed.

(c)� All other fees shall be credited to the state highway fund except as otherwise provided.

(d)� Except as otherwise provided no fees shall be refunded unless paid and collected by mistake.

31-18-407.� Emergency response fee.

(a)� In addition to any other fees and taxes provided by law, an emergency response fee of two hundred dollars ($200.00) shall apply to each package of radioactive waste transported through this state in accordance with W.S. 37-14-103.� The department of transportation shall collect this fee based on a permit issued by the department which is not inconsistent with federal law. The department shall promulgate rules on issuing and revoking permits which are not inconsistent with federal law.� The department shall promulgate rules on quarterly reporting and payment of fees, retention of records and audit requirements. All emergency response fees shall be deposited in the general fund.

(b)� As used in this section:

(i)� "Radioactive waste" means:

(A)� Highway route controlled quantities of radioactive waste as defined in 49 C.F.R. 173.403(1) as amended as of January 1, 1989; and

(B)� Nuclear waste being transported to the waste isolation pilot plant in New Mexico, to any facility established pursuant to section 135 of the federal "Nuclear Waste Policy Act of 1982" as amended, 42 U.S.C. 10101 et seq., to any repository licensed for the permanent deep geological disposal of high-level radioactive waste and spent nuclear fuel, or to any monitored retrievable storage facility established pursuant to section 141 of the federal "Nuclear Waste Policy Act of 1982" as amended.

(ii)� "Package" means a container plus its contents that are assembled to assure compliance with the minimum federal packaging requirements for radioactive waste.

31-18-408.� Provision of sales and use tax information; penalty.

(a)� Any person engaged in the business of selling tangible personal property, at retail, outside of this state, and operating any motor vehicle in this state delivering to the purchaser or the purchaser's agent in this state any goods sold by the vendor shall, upon entering this state, provide necessary information to the department of revenue for the purposes of the collection of any sales or use tax which may be due under the provisions of W.S. 39-15-101 through 39-16-311.� The department shall provide forms furnished by the department of revenue for the operator to provide the necessary information for the department of revenue to collect any use tax due.� The department of revenue shall promulgate necessary rules and regulations to implement this provision pursuant to W.S. 39-11-102.

(b)� Any person knowingly violating the provisions of this section or any rules promulgated under it shall, in addition to any penalty imposed under W.S. 31-18-701 through 31-18-707, be liable for a civil penalty of not less than one hundred dollars ($100.00) and not to exceed an amount equal to three (3) times the amount of the sales or use tax due under the provisions of W.S. 39-15-101 through 39-16-311.

ARTICLE 5 - FUEL TAXES

31-18-501.� Compliance with tax provisions.

All operators of commercial vehicles shall comply with the provisions of W.S. 39-17-101 through 39-17-211.

31-18-502.� Decal fee; disposition.

An additional fee may be collected by the issuing agency from a licensee for each annual decal issued pursuant to W.S. 39-17-202(d) through (g).� The fee shall be in an amount determined by the department of transportation to be sufficient to recover reasonable administrative costs of the International Fuel Tax Agreement and the Multistate Highway Transportation Agreement, but not more than ten dollars ($10.00) per annual decal.� The fee shall be remitted to the state treasurer who shall credit the multistate highway and fuel tax agreements account created by W.S. 39-17-211(e) within the highway fund.

ARTICLE 6 - REGULATION OF TRAFFIC ON HIGHWAYS

31-18-601.� Requirements generally.

In addition to the requirements contained in chapter 5 of this title, all operators of commercial vehicles shall comply with the requirements contained in this article.

31-18-602.� Moving heavy equipment at railroad grade crossings.

(a)� No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten (10) or less miles per hour or a vertical body or load clearance of less than one-half (1/2) inch per foot of the distance between any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.

(b)� Notice of the intended crossing shall be given to a station agent of the railroad and a reasonable time shall be given to the railroad to provide proper protection at the crossing.

(c)� Before making the crossing the person operating or moving the vehicle or equipment shall first stop the vehicle or equipment not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train. The vehicle shall not proceed until the crossing can be made safely.

(d)� No crossing shall be made when warning is given by automatic signal, crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

31-18-603.� Loads on vehicles.

No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom.� This section does not prohibit the necessary spreading of any substance in highway maintenance or construction operations.

31-18-604.� Maximum speed limits.

(a)� The operator of a commercial vehicle shall comply with the speed limits as established pursuant to W.S. 31-5-301 and, for violations, shall be subject to the penalties as prescribed in W.S. 31-5-1201.

(b)� Repealed By Laws 1998, ch. 46, � 2.

31-18-605.� Stopping requirements for certain vehicles at railroad crossings.

(a)� The driver of any motor vehicle carrying passengers for hire or of any vehicle carrying a cargo or part of a cargo required to be placarded under United States department of transportation regulations, before crossing at grade any track or tracks of a railroad, shall:

(i)� Actuate the vehicle's four-way hazard flashers prior to stopping at the grade crossing;

(ii)� Stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad;

(iii)� While stopped, listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train and not proceed until he can do so safely;

(iv)� Upon proceeding, cross the tracks without manually shifting gears and only in a gear of the vehicle which does not require manually changing gears while traversing the crossing;

(v)� After crossing the tracks, cancel the four-way hazard flashers; and

(vi)� Comply with all other federal, state or local laws or regulations pertaining to railroad-highway grade crossings.

(b)� This section shall not apply at:

(i)� Any railroad grade crossing at which traffic is controlled by a police officer or flagman;

(ii)� Any railroad grade crossing at which traffic is regulated by a traffic-control signal;

(iii)� Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train;

(iv)� Any railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.

(c)� The department may adopt such regulations as may be necessary describing additional vehicles which must comply with the stopping requirements of this section.

(d)� A driver or employer of a driver who is convicted of violating this section, or an employer who knowingly allows, requires, permits or authorizes a driver to violate this section, shall also be subject to the civil penalties provided by 49 C.F.R. 383.53, as amended as of March 1, 2007.

31-18-606.� Metal tires; implements of husbandry.

(a)� No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway.

(b)� Notwithstanding subsection (a) of this section, it shall be permissible to use implements of husbandry with tires having protuberances which will not injure the highway.

31-18-607.� Out-of-service orders.

(a)� The department shall adopt regulations regarding issuance of out-of-service orders for drivers committing violations identified in 49 C.F.R., as amended as of March 1, 2007, or the 2006 North American uniform out-of-service criteria published by the Commercial Vehicle Safety Alliance.

(b)� A driver or employer of a driver convicted of violating an out-of-service order issued to the driver, the employer or a motor carrier, or an employer who knowingly allows, requires, permits or authorizes a driver to violate an out-of-service order issued to the driver, the employer or a motor carrier, shall be subject to the civil penalties specified by 49 C.F.R. 383.53, as amended as of July 5, 2007.

(c)� As used in this section, the term "out-of-service order" means as defined by W.S. 31-7-102(a)(xxxii).

ARTICLE 7 - PENALTIES AND ENFORCEMENT

31-18-701.� Specific crimes and penalties; enforcement.

(a)� Any person who violates any provision of this act or rule and regulation of the department, who fails to comply with any order, decision, rule or regulation of the department or who procures, aids or abets any person in the violation or noncompliance is guilty of a misdemeanor and subject to a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

(b)� The highway patrol division shall enforce the provisions of this act and all rules, regulations or orders made by virtue of this act.

(c)� The highway patrol division and such other enforcement officers as the department designates are charged with the duty of policing and enforcing the provisions of this act. The enforcement officers have authority to make arrests for violation of any of the provisions of this act. The enforcement officers may require the driver to exhibit the permit issued for the vehicle, to submit to the enforcement officer for inspection any and all bills of lading or other evidences of the character of the lading being transported in the vehicle and require the vehicle to proceed to the nearest department check station or county seat, on the route of the carrier, where the officer may inspect the contents of the vehicle for the purpose of comparing same with bills of lading or other evidences of ownership or of transportation for compensation.

31-18-702.� General liability.

Any person operating, driving or moving any commercial vehicle, object or contrivance over a street, highway or bridge is liable for all damages which the street, highway, bridge or appurtenances thereto or other structures in connection therewith, may sustain, as a result of any illegal or negligent operation or as a result of operating, driving or moving any commercial vehicle, object or contrivance in excess of the maximum weight or height specified and prescribed by law although authorized by a special permit issued as provided by law.

31-18-703.� Closing or restricting use; failure to observe signs, markers.

Any operator of a commercial vehicle who willfully fails to observe any sign, marker, warning, notice, or direction, placed or given under W.S. 24-1-108 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than one hundred dollars ($100.00) or to imprisonment for a period not to exceed thirty (30) days, or both.

31-18-704.� Violation of speed limits; penalties.

In addition to any other penalty, every person convicted of violating W.S. 31-5-301(b)(iii) by exceeding a speed of eighty (80) miles per hour, or W.S. 31-5-301(b)(iv) by exceeding a speed of seventy (70) miles per hour, while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding twenty-six thousand (26,000) pounds� shall be fined one hundred dollars ($100.00).

31-18-705.� Speed or acceleration contest or exhibition on highways.

(a)� No operator of a commercial vehicle shall engage in any motor vehicle speed or acceleration contest, or exhibition of speed or acceleration on any highway without approval of that use by the governing body in charge of the highway. No person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any highway, without approval of that use by the governing body in charge of said highway.

(b)� No operator of a commercial vehicle shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place or assist in placing any barricade or obstruction upon any highway without approval of that use by the governing body in charge of the highway.

(c)� Any person who violates this section shall upon conviction be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail for not more than ten (10) days or both.

31-18-706.� Failure to maintain liability coverage; exceptions.

The requirement to maintain liability coverage pursuant to W.S. 31-4-103 does not apply to a commercial vehicle registered or proportionally registered in this and any other jurisdiction provided the vehicle is covered by a vehicle insurance policy complying with the laws of any other jurisdiction in which it is registered.

31-18-707.� Nonpayment of fees, taxes, penalties or interest.

All fees under chapter 18 of title 31, diesel fuel taxes, penalty or interest under title 39 or commercial vehicle registration fees under title 31 become delinquent if not paid as provided for by law from the date due. Delinquent diesel fuel taxes, penalties, interest or commercial vehicle registration fees are a lien on all motor vehicles owned or operated in this state by the person liable for payment of the taxes, penalties, interest or fees.� If any such taxes, penalties, interest or fees remain delinquent for thirty (30) days or if any vehicle subject to the lien is about to be removed from the state, the department or its authorized enforcement agent may seize and sell the vehicle subject to all existing liens and security interests held by others, at public auction upon notice to the owner and lienholder of record as provided by Rule 4 of the Wyoming Rules of Civil Procedure, and upon four (4) weeks notice of the sale in a newspaper published in the counties in which the vehicle is titled and registered. The department may bring suit in any court of competent jurisdiction to collect any delinquent fees or taxes, penalties and interest under this section.

31-18-708.� Persons rendering emergency assistance exempt from civil liability.

(a)� Any person who provides assistance or advice without compensation other than reimbursement of out-of-pocket expenses in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous materials, is not liable for any civil damages for acts or omissions in good faith in providing the assistance or advice.� This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. As used in this subsection:

(i)� "Discharge" includes leakage, seepage or other release;

(ii)� "Hazardous materials" includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.

ARTICLE 8 - SIZE AND WEIGHT LIMITS

31-18-801.� Definitions.

(a)� As used in this article:

(i)� "Agricultural operations" means the raising and harvesting of their own crops or livestock in this state by farmers or ranchers, their exchange between farmers or ranchers or the transportation of implements of husbandry to or from farmers or ranchers by persons engaged in the business of selling or repairing such implements;

(ii)� "Axle" means the common axis of rotation of one (1) or more wheels, whether power driven or freely rotating, and whether in one (1) or more segments, and regardless of the number of wheels carried thereon;

(iii)� "Axle group" means an assemblage of two (2) or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure;

(iv)� "Axle load" means the total load transmitted to the road by an assembly of two (2) or more wheels whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes forty (40) inches apart extending across the full width of the vehicle;

(v)� "Axle measurement" means the distance between axles to the nearest foot. When fractional measurement is exactly one-half (1/2) foot, the next larger whole number shall be used;

(vi)� Repealed By Laws 1998, ch. 46, � 2.

(vii)� "Cargo" means the items or freight to be moved, including items placed on or in a vehicle towed by a vehicle or a vehicle itself;

(viii)� "Connecting mechanism" means an arrangement of parts interconnecting two (2) or more consecutive axles to a vehicle in such a manner as to equalize the load between axles;

(ix)� "Department" means the department of transportation;

(x)� "Director" means the director of the department of transportation;

(xi)� "Dummy axle" means an axle attached independently to a vehicle whose suspensions are not adjustable and do not articulate or substantially equalize the load and are so designed and placed as to indicate the appearance of a normal axle group;

(xii)� "Forest products" means logs, poles, posts, rough lumber, wood chips, sawdust and any other product of the forest which will require further processing;

(xiii)� "Gross weight" means the total weight of a vehicle and vehicle combinations including the weight of any load carried in or on the vehicle and vehicle combinations;

(xiv)� "Height" means the total vertical dimension of any vehicle above the ground surface including any load or load-holding device thereon;

(xv)� "Highway" means a public way maintained by the department for the purpose of vehicular travel, including rights-of-way or other interests in land, embankments, retaining walls, culverts, sluices, drainage structures, bridges, railroad-highway crossings, tunnels, signs, guardrails and protective structures;

(xvi)� "Interstate or national defense highway" means highways which are designated as part of the interstate system by the transportation commission which are signed and marked accordingly;

(xvii)� "Implement of husbandry" means a vehicle or vehicles manufactured or designed and used exclusively for the conduct of agricultural operations and only incidentally operated on or moved on highways;

(xviii)� "Length" means the total longitudinal dimension of any vehicle or combination of vehicles, including any load or load-holding device thereon, but excluding any device or appurtenance attached to the front or rear of a semitrailer or trailer whose function is related to the safety of, or efficient operation of the unit or contents. Excluded devices include but are not limited to air hose glad hands, fifth wheel slide plates, dock bumpers, air deflectors and refrigeration units.� No excluded devices shall be designed or used for carrying cargo;

(xix)� "Load" means a weight or quantity of anything resting upon something else regarded as its support;

(xx)� "Motor vehicle" means a vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires but not operating on rails;

(xxi)� "Permit" means a written authorization to move or operate on a highway a vehicle or vehicle with a load of size or weight exceeding the limits as specified by statute, which are limited by this act and regulations of the department;

(xxii)� "Primary and secondary highways" means highways which are designated as part of the primary or secondary system by the transportation commission which are signed and marked accordingly;

(xxiii)� "Safety device" means any piece of equipment or mechanism, including rear view mirrors, pin pockets not to exceed three (3) inches on each side and other devices designated by the director, attached to a vehicle to assure its safe operation and to assure the safe movement of a load hauled by the vehicle;

(xxiv)� "Semitrailer" means every vehicle of a trailer type not equipped with propelling power so designed for carrying property and used in conjunction with a motor vehicle that some part of its own weight and load rests upon or is carried by another vehicle;

(xxv)� "Single axle" means an assemblage of two (2) or more wheels, whose centers are in one (1) transverse vertical plane or may be included between two (2) parallel transverse vertical planes forty (40) inches apart extending across the full width of the vehicle;

(xxvi)� "Single axle load" means the total load transmitted to the road by a single axle;

(xxvii)� "Single vehicle" means one (1) vehicle or one (1) unit of a combination of vehicles as a truck-tractor, semitrailer or trailer;

(xxviii)� "Tandem axle" means any two (2) or more consecutive load bearing axles whose centers are more than forty (40) inches but not more than ninety-six (96) inches apart and articulate from an attachment to the vehicle including a variable load suspension or connecting mechanism designed to distribute the load between axles;

(xxix)� "Tandem axle load" means the total weight transmitted to the road by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty (40) inches and not more than ninety-six (96) inches apart, extending the full width of the vehicle;

(xxx)� "Trailer" means every vehicle not equipped with propelling power, designed for carrying property and for being drawn by a motor vehicle which carries no part of the weight and load of a trailer on its own wheels;

(xxxi)� "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;

(xxxii)� "Truck-tractor" means a motor vehicle designed and used primarily for drawing other vehicles but not for loads other than a part of the weight of the vehicles and load drawn. For the purpose of this article, a truck-tractor equipped with a dromedary unit shall be considered a part of the weight of the vehicle and not a load thereon and a truck-tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit;

(xxxiii)� "Variable load suspension axle" means an axle that may be adjusted to vary the weight carried by the axle;

(xxxiv)� "Vehicle" means a device in, upon or by which any person or property may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon rails or tracks;

(xxxv)� "Vehicle combination" means any connected assemblage of a motor vehicle and one (1) or more other vehicles;

(xxxvi)� "Width" means the total outside transverse dimension of a vehicle including any load or load-holding devices thereon, but excluding approved safety devices and tire bulge due to load;

(xxxvii)� "Motor home" means a motor vehicle designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, but excluding a motor vehicle carrying a camper;

(xxxviii)� "Recreational vehicle" means as defined in W.S. 31-16-101(a)(xxiii);

(xxxix)� "Truck camper" means a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.

31-18-802.� General requirements.

(a)� All vehicles operated on the highways of this state shall comply with the following:

(i)� Width - all highways:

(A)� No vehicle, unladen or with load or load-holding device thereon shall exceed one hundred two (102) inches in width. Notwithstanding the foregoing, appurtenances on noncommercial motor homes, house trailers and truck campers may exceed one hundred two (102) inches in width if they extend no further than the exterior rear view mirrors of the motor home, tow vehicle or pickup truck, in the case of a truck camper, provided such mirrors only extend the distance necessary to provide the required field of view for the vehicle before the appurtenances were attached.

(ii)� Height - all highways:

(A)� No vehicle, unladen or with load or load-holding devices thereon, shall exceed fourteen (14) feet in height.

(iii)� Notwithstanding paragraphs (i) and (ii) of this subsection, implements and produce of husbandry of greater widths or greater heights may be moved in agricultural operations during daylight hours, without a permit or fee, but subject to and in accordance with regulations promulgated by the department for the protection of persons, property, highways and bridges. Regarding movement of implements of husbandry not exceeding sixteen (16) feet in width or height, the rules and regulations shall:

(A)� Not require the use of escort vehicles provided the implement is kept to the right of the center line;

(B)� Require the display of an oversize vehicle sign and warning lights as approved by the department.

(iv)� Length - all highways, except as provided in 31-18-803(a):

(A)� No combination of vehicles shall consist of more than three (3) single vehicles.� No single vehicle shall have an overall length in excess of sixty (60) feet;

(B)� In a truck-tractor semitrailer combination, no semitrailer shall exceed sixty (60) feet in length.� In a truck-tractor, semitrailer, trailer combination or truck-tractor double semitrailer combination, the length of the semitrailer shall not exceed forty-eight (48) feet and the length of the trailer or second semitrailer shall not exceed forty (40) feet. The combined length of the semitrailer and trailer or semitrailer shall not exceed eighty-one (81) feet including connecting mechanisms.� For any other combination of vehicles the overall length shall not exceed eighty-five (85) feet;

(C)� In a truck-tractor, semitrailer, trailer or double semitrailer combination, the heavier towed vehicle shall be directly behind the truck-tractor and the lighter towed vehicle shall be last if the weight difference between consecutive towed vehicles exceeds five thousand (5,000) pounds.

(v)� Weights:

(A)� The wheels of all vehicles except those operated at a speed of less than ten (10) miles per hour shall be equipped with pneumatic tires;

(B)� No wheel equipped with solid tires shall carry a load in excess of eight thousand (8,000) pounds;

(C)� No wheel shall carry a load in excess of ten thousand (10,000) pounds.� No tire on a steering axle shall carry a load in excess of seven hundred fifty (750) pounds per inch of tire width and no other tire on a vehicle shall carry a load in excess of six hundred (600) pounds per inch of tire width. "Tire width" means the width stamped on the tire by the manufacturer;

(D)� No single axle shall carry a load in excess of twenty thousand (20,000) pounds;

(E)� No tandem axle shall carry a load in excess of thirty-six thousand (36,000) pounds and no one (1) axle of any group of two (2) consecutive axles shall exceed the weight permitted on a single axle;

(F)� No triple axle, consisting of three (3) consecutive load bearing axles that articulate from an attachment to the vehicle including a connecting mechanism or variable load suspension axle to keep all axles at or below legal limits, having a spacing between the first and third axles greater than ninety-six (96) inches and not more than one hundred two (102) inches, shall carry a load in excess of forty-two thousand (42,000) pounds;

(G)� Subject to the limitation imposed by the axle load, no vehicle or combination of vehicles shall be operated on the interstate or national defense highways exceeding the maximum weight allowed under federal law and unless in compliance with Table I corresponding to a distance in feet between the extremes of any axle groups measured longitudinally to the nearest foot except that vehicles with two (2) consecutive sets of tandem axles may carry a gross load of thirty-six thousand (36,000) pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is thirty-six (36) feet or more;

(H)� Vehicles operating on primary and secondary highways may operate in accordance with Table I or Table II at the discretion of the operator as follows:

(I)� For vehicles operating under gross weight Table I, the total gross weight in pounds imposed on the highway by any group of two (2) or more consecutive axles on a vehicle or combination of vehicles shall not exceed the value given in gross weight Table I, corresponding to a distance in feet between the extremes of any axle groups measured longitudinally to the nearest foot except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-six thousand (36,000) pounds each if the distance between the first and last axles of the consecutive sets of tandem axles is thirty-six (36) feet or more;

(II)� For vehicles operating under the provisions of gross weight Table II, the total gross weight in pounds imposed on the highway by a vehicle or combination of vehicles shall not exceed the value given in gross weight Table II, corresponding to the distance in feet between the extremes of the vehicle or combination of vehicles measured longitudinally to the nearest foot;

(III)� Vehicles with two (2) consecutive sets of tandem axles with a distance of less than twenty-two (22) feet between the first and last axles of the consecutive sets shall comply with gross weight Table I.

(J)� A variable load suspension axle shall produce a distribution of weight to prevent an axle or axle group from exceeding allowable weights as specified in this paragraph. Dummy axles shall not be considered in the determination of allowable weights;

(K)� The following general formula is applied in preparing gross weight Table I:

W=500[LN/(N - 1) + 12N + 36]

�� Where:�� W = overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred (500) pounds.

�� L = distance in feet between extremes of any group of two (2) or more consecutive axles.

�� N = number of axles in the group under consideration.

(vi)

GROSS WEIGHT TABLE I

____________________________________________________________

Distance in feet�� Maximum gross weight in pounds

between the extremes (2) or�� carried on any group of two

of any group of two (2)�� more consecutive axles

or more consecutive

axles

____________________________________________________________

� 2�� 3�� 4�� 5�� 6�� 7�� 8�� 9 or

�� more

axles�� axles�� axles�� axles�� axles�� axles�� axles�� axles

________________________________________________________________________

4�� 36,000��

5�� 36,000��

6�� 36,000��

7�� 36,000��

8�� 36,000�� 42,000��

9�� 39,000�� 42,500��

10�� 40,000�� 43,500��

11�� 44,000��

12�� 45,000�� 50,000��

13�� 45,500�� 50,500��

14�� 46,500�� 51,500��

15�� 47,000�� 52,000��

16�� 48,000�� 52,500�� 58,000��

17�� 48,500�� 53,500�� 58,500��

18�� 49,500�� 54,000�� 59,000��

19�� 50,000�� 54,500�� 60,000��

20�� 51,000�� 55,500�� 60,500�� 66,000��

21�� 51,500�� 56,000�� 61,000�� 66,500��

22�� 52,500�� 56,500�� 61,500�� 67,000��

23�� 53,000�� 57,500�� 62,500�� 68,000��

24�� 54,000�� 58,000�� 63,000�� 68,500�� 74,000��

25�� 54,500�� 58,500�� 63,500�� 69,000�� 74,500��

26�� 55,500�� 59,500�� 64,000�� 69,500�� 75,000��

27�� 56,000�� 60,000�� 65,000�� 70,000�� 76,000��

28�� 57,000�� 60,500�� 65,500�� 71,000�� 76,500�� 82,000

29�� 57,500�� 61,500�� 66,000�� 71,500�� 77,000�� 82,500

30�� 58,500�� 62,000�� 66,500�� 72,000�� 77,500�� 83,000

31�� 59,000�� 62,500�� 67,500�� 72,500�� 78,000�� 83,500

32�� 60,000�� 63,500�� 68,000�� 73,000�� 78,500�� 84,500�� 90,000

33�� 64,000�� 68,500�� 74,000�� 79,000�� 85,000�� 90,500

34�� 64,500�� 69,000�� 74,500�� 80,000�� 85,500�� 91,000

35�� 65,500�� 70,000�� 75,000�� 80,500�� 86,000�� 91,500

36�� Two (2)

�� consecutive�� 66,000�� 70,500�� 75,500�� 81,000�� 86,500�� 92,000

37�� sets of

�� tandem�� 66,500�� 71,000�� 76,000�� 81,500�� 87,000�� 93,000

38�� axles

�� may carry�� 67,500�� 72,000�� 77,000�� 82,000�� 87,500�� 93,500

39�� 36,000

�� pounds�� 68,000�� 72,500�� 77,500�� 82,500�� 88,500�� 94,000

40�� each if

�� the�� 68,500�� 73,000�� 78,000�� 83,500�� 89,000�� 94,500

41�� distance

�� is 36�� 69,500�� 73,500�� 78,500�� 84,000�� 89,500�� 95,000

42�� feet or more�� 70,000�� 74,000�� 79,000�� 84,500�� 90,000�� 95,500

43�� between

�� the�� 70,500�� 75,000�� 80,000�� 85,000�� 90,500�� 96,000

44�� consecutive

�� sets�� 71,500�� 75,500�� 80,500�� 85,500�� 91,000�� 96,500

45�� of tandem

�� axles�� 72,000�� 76,000�� 81,000�� 86,000�� 91,500�� 97,500

46�� 72,500�� 76,500�� 81,500�� 87,000�� 92,500�� 98,000

47�� 73,500�� 77,500�� 82,000�� 87,500�� 93,000�� 98,500

48�� 74,000�� 78,000�� 83,000�� 88,000�� 93,500�� 99,000

49�� 74,500�� 78,500�� 83,500�� 88,500�� 94,000�� 99,500

50�� 75,500�� 79,000�� 84,000�� 89,000�� 94,500�� 100,000

51�� 76,000�� 80,000�� 84,500�� 89,500�� 95,000�� 100,500

52�� 76,500�� 80,500�� 85,000�� 90,500�� 95,500�� 101,000

53�� 77,500�� 81,000�� 86,000�� 91,000�� 96,500�� 102,000

54�� 78,000�� 81,500�� 86,500�� 91,500�� 97,000�� 102,500

55�� 78,500�� 82,500�� 87,000�� 92,000�� 97,500�� 103,000

56�� 79,500�� 83,000�� 87,500�� 92,500�� 98,000�� 103,500

57�� 80,000�� 83,500�� 88,000�� 93,000�� 98,500�� 104,000

58�� 84,000�� 89,000�� 94,000�� 99,000�� 104,500

59�� 85,000�� 89,500�� 94,500�� 99,500�� 105,000

60�� 85,500�� 90,000�� 95,000�� 100,500�� 105,500

61�� 86,000�� 90,500�� 95,500�� 101,000�� 106,000

62�� 87,000�� 91,000�� 96,000�� 101,500�� 107,000

63�� 87,500�� 92,000�� 97,000�� 102,000�� 107,500

64�� 88,000�� 92,500�� 97,500�� 102,500�� 108,000

65�� 88,500�� 93,000�� 98,000�� 103,000�� 108,500

66�� 89,000�� 93,500�� 98,500�� 104,000�� 109,000

67�� 90,000�� 94,000�� 99,000�� 104,500�� 110,000

68�� 90,500�� 95,000�� 99,500�� 105,000�� 110,500

69�� 91,000�� 95,500�� 100,000�� 105,500�� 111,000

70�� 92,000�� 96,000�� 101,000�� 106,000�� 111,500

71�� 92,500�� 96,500�� 101,500�� 106,500�� 112,000

72�� 93,000�� 97,000�� 102,000�� 107,000�� 112,500

73�� 93,500�� 98,000�� 102,500�� 107,500�� 113,000

74�� 94,500�� 98,500�� 103,000�� 108,500�� 113,500

75�� 95,000�� 99,000�� 104,000�� 109,000�� 114,000

76�� 95,500�� 99,500�� 104,500�� 109,500�� 115,000

77�� 96,000�� 100,000�� 105,000�� 110,000�� 115,500

78�� 97,000�� 101,000� 105,500�� 110,500�� 116,000

79�� 97,500�� 101,500� 106,000�� 111,000�� 116,500

80�� 98,000�� 102,000� 106,500�� 111,500�� 117,000

81�� 98,500�� 102,500� 107,000�� 112,000��

82�� 99,000�� 103,000� 108,000�� 113,000��

83�� 100,000�� 104,000� 108,500�� 113,500��

84�� 104,500� 109,000�� 114,000��

85�� 105,000� 109,500�� 114,500��

86�� 105,500� 110,000�� 115,000��

87�� 106,000� 111,000�� 115,500��

88�� 107,000� 111,500�� 116,000��

89�� 107,500� 112,000�� 117,000��

90�� 108,000� 112,500��

91�� 108,500� 113,000��

92�� 109,000� 113,500��

93�� 110,000� 114,000��

94�� 110,500� 115,000��

95 �� 111,000� 115,500��

or more

(vii)

GROSS WEIGHT TABLE II

PRIMARY AND SECONDARY HIGHWAYS

Distance in feet between the extremes of the first and last axle of any vehicle or combinations of vehicles	Maximum gross weight in pounds
10	43,500
11	45,000
12	48,000
13	50,000
14	52,000
15	54,000
16	54,000
17	54,000
18	56,000
19	58,000
20	62,000
21	64,000
22	65,000
23	66,000
24	66,000
25	66,000
26	66,000
27	66,000
28	66,000
29	66,000
30	67,000
31	68,000
32	69,000
33	70,000
34	71,000
35	72,000
36	73,000
37	74,000
38	75,000
39	76,000
40	76,000
41	76,000
42	76,000
43	76,000
44	76,000
45	77,000
46	77,400
47	78,300
�� 48 or more	80,000

(viii)� The director may reduce the maximum allowable axle loads and gross weight limits for specific highways or sections thereof or for bridges under his jurisdiction if the continued operation of vehicles or combinations of vehicles would create undue damage to the highways or bridges. Any person owning or operating a vehicle or combination of vehicles in violation of reduced load limits when posted or otherwise appropriately marked is liable for damage to the highway or bridge in question in addition to the penalties provided by law;

(ix)� There is no obligation on the state to heighten any bridge, tunnel or other structure on highways because of the provisions of this act. The director may reduce the size and weight limits of vehicles and loads on state and federal highways if, in his discretion, road conditions require;

(x)� A board of county commissioners may by resolution adopt any or all of the provisions of this act to apply to county roads under their jurisdiction.� The sheriff shall have enforcement authority on county roads under W.S. 31-18-805 for provisions adopted.

31-18-803.� Conditions for operating vehicles transporting other vehicles.

(a)� Vehicles used for transporting other vehicles may be operated singly, or in combinations by the towbar, saddlemount or full-mount methods, subject to the following terms and conditions:

(i)� No more than one (1) towbar may be used in any such combination;

(ii)� Notwithstanding W.S. 31-5-1009 and 31-18-802(a)(iv), no more than three (3) saddlemounts may be used in any combination except additional vehicles may be transported when safely loaded upon the frame of a vehicle in a properly assembled saddlemount combination and the overall length of the saddlemount combination does not exceed ninety-seven (97) feet;

(iii)� Towed vehicles in a triple saddlemount combination shall have brakes acting on all wheels which are in contact with the roadway;

(iv)� All applicable rules of the department and safety regulations on coupling devices and towaway methods of the bureau of motor carriers safety, United States department of transportation shall be observed and complied with;

(v)� Any vehicle being towed without brakes and an operator shall be connected to the towing vehicle by a safe, solid connecting device to prevent slack between the vehicles.

31-18-804.� Permits for and certain highways to carry, overweight and oversize vehicles; government vehicles.

(a)� The director or his authorized representative may issue permits for separate movements or extended periods of movement effective for one (1) or more months, not to exceed ninety (90) days permitting hauling of forest products,� baled hay or combine headers. No permit issued under this section shall be granted for any load of forest products exceeding one hundred twelve (112) inches in width or any load of baled hay or combine headers exceeding one hundred fifty (150) inches in width and fifteen (15) feet in height. No single component of the load may exceed one hundred two (102) inches in width. The fee for a single trip permit is fifteen dollars ($15.00). The fee for an extended period permit is fifty dollars ($50.00).

(b)� The director or his authorized representative may issue a permit exclusive of interstate highways for hauling of forest products, sugar beets, gravel, livestock and agricultural products hauled in trucks that cannot be weighed at point of loading at a weight which is not more than ten percent (10%) in excess of allowable axle weights and not more than five thousand (5,000) pounds in excess of gross weights allowed under gross weight Table I. The permit fee is fifteen dollars ($15.00) for a single trip permit not to exceed ninety-six (96) continuous hours. The permit fee is fifty dollars ($50.00) for any ninety (90) continuous days. If a truck hauling forest products, sugar beets, gravel, livestock or agricultural products exceeds the legal weight limitations, the truck shall be allowed to unload at its point of destination in this state if the point of destination is within one (1) mile of the truck's location when the illegal weight limitation was determined, unless an immediate threat to public safety exists. No penalty for the first violation shall be imposed, but any subsequent violation shall be subject to the penalty provisions of W.S. 31-18-805.

(c)� In special circumstances of individual movements of vehicles hauling single, multiple or readily divisible items which cannot be readily or safely dismantled or divided or which cannot be transported safely or without damage when dismantled or divided, the director or his authorized representative may upon application and good cause shown issue a permit in writing effective for a single trip by each permit authorizing the applicant to operate or move a vehicle or combination of vehicles of a width, height, length or weight of vehicle or load, exceeding the maximum specified in or authorized under W.S. 31-18-802.

(d)� For movements of a vehicle without load, or meeting indivisible load requirements, or a trailer carrying a recreational boat that exceeds any maximum dimension or weight authorized under W.S. 31-18-802, the director or his authorized representative may upon application issue a permit in writing effective for an extended period of time, not to exceed one (1) year, authorizing the movement of the vehicle, provided that the size does not exceed seventy-five (75) feet in length for a single vehicle and twelve (12) feet in width or fifteen (15) feet in height for a single vehicle or combination of vehicles. The permit fee for an oversize vehicle is fifty dollars ($50.00).� The director or his authorized representative may upon application issue a permit effective for one (1) year, authorizing the commercial movement of one (1) or more motor homes, house trailers or truck campers that exceed the maximum width authorized under W.S. 31-18-802(a)(i)(A).� A copy of the permit shall be carried with the vehicle.� The fee for such a permit shall not exceed two hundred fifty dollars ($250.00).� Notwithstanding subsections (e) through (t) of this section, no additional permit requirements shall be imposed upon the commercial movement of such vehicles if such vehicles comply with W.S. 31-18-802(a)(i)(A). �The permit fee for an overweight vehicle is as prescribed in subsection (g) of this section. Extended period permits are not authorized for transportable homes as defined in W.S. 31-1-101.

(e)� The application for any permit under this section shall specifically describe the applicant, individual or company, the vehicle or load to be operated or moved, and the particular highway to be used and whether the permit is requested for a single trip or for extended period operation. Each permit shall contain the following provisions: duration of permit, description of load or loads to be moved, section standards which are to be exceeded and the amount of excess authorized, description of equipment, route to be traveled and required operating procedures. Every permit issued under this act shall be carried with the vehicles or combination of vehicles to which it refers and shall be open to inspection by any authorized agent of the state of Wyoming. Permission may be verbally issued by telephone or otherwise, granting the applicant authorization to proceed to the nearest permit issuing facility to be weighed and measured and to obtain the permit. Unless otherwise authorized by the director or his authorized representative, permits shall be obtained prior to operating any oversize or overweight vehicles on the highways of this state. Nothing herein contained shall be construed to permit a vehicle that is overweight or oversize and has not obtained a permit or permission in advance to be operated on the highways of this state. Except as provided in W.S. 31-18-805(b) and this subsection, the operator shall be required to unload the excess weight, reduce the excess size or otherwise bring the load within permissible limits and pay all fees for overweight or oversize under this act for distance traveled in addition to penalties provided by law.

(f)� When an oversize single trip permit is issued, the fee is twenty-five dollars ($25.00). Should any vehicle including load exceed the dimensions of fifteen (15) feet in width or fifteen (15) feet in height or any single vehicle including load exceed seventy-five (75) feet in length, an additional fee shall be paid in excess of the above limitation computed at the rate of three cents ($.03) for each foot or fraction thereof for each mile traveled on the highways.

(g)� When an overweight permit is issued, the fee is six cents ($.06) for each ton or fraction thereof of weight in excess of the weight limitation under W.S. 31-18-802 for each mile traveled on the highways. In no event shall the fee be less than forty dollars ($40.00) for the permit. A permit under this section for loads exceeding eighty (80) tons shall not be issued until the permittee has paid all costs incurred by the state to determine routing, structure, highway capability to withstand the load and the cost incurred by sending personnel to accompany the movement of the load.

(h)� In addition to other permits authorized in this act, the director may issue permits to be completed by the applicant. These permits shall authorize separate movements of items that cannot be readily dismantled or divided, or safely transported if dismantled or divided. The applicant is required to complete a separate permit prior to each separate movement. The fee for the permit is that established in subsections (f) and (g) of this section.

(j)� The director may promulgate rules and regulations as to the terms and conditions of the permits issued under this article. Alteration of any word or figure on the face of a permit will void the permit immediately and will subject the permit to confiscation by the inspecting officer.

(k)� The funds paid for permits for the use of highways shall be credited to the state highway fund.

(m)� Permits issued under this act shall be issued under conditions deemed necessary for travel safety and highway system protection as to time of day and day of week, route, equipment, speed and otherwise as may be determined by the director or his authorized representative.

(n)� Certain highways may be designated to carry vehicles of greater weight, length and number of vehicles than given in this section if it has been determined by the director that a situation of economic hardship exists or that the general welfare of the state of Wyoming would benefit from the operation. Vehicles operating on the designated highways shall pay permit fees under this section in accordance with rules adopted by the director. Provisions for the operations may be made if the director has determined:

(i)� That the operation of the combinations of vehicles would relieve a situation that is detrimental to the economy of the state; and

(ii)� By engineering evaluation that the highways and bridges in question have geometrical and structural capacity adequate to accommodate the vehicles and allow their operation safely and compatibly with other traffic on the highways; and

(iii)� That federal highway funds will not be withdrawn by this provision.

(o)� The director or his authorized representative is authorized to examine and audit the records of any person having applied for and having received overweight and oversize permits to determine the accuracy of these permits and reports, or to determine fees due in the event no report is made. The records shall not be destroyed for a period of two (2) years or until the records have been examined and audited, whichever occurs first.

(p)� In determining permit weights of vehicles or combinations of vehicles, a variable load suspension axle may be counted as load bearing, provided that the variable load suspension axle that is capable of producing a distribution of weight to prevent an axle or axle group from exceeding maximum allowable weights in accordance with department rules and regulations.

(q)� Multiple piece loads of a size or weight greater than that authorized in W.S. 31-18-802 are prohibited except as authorized in this section.

(r)� Oversize vehicles with a proper permit may be used to transport loads of legal size, legal weight, oversize indivisible loads or overweight indivisible loads.

(s)� Vehicles owned and operated by government agencies shall comply with the provisions of this article and the rules and regulations promulgated pursuant to this article, except that no permit shall be required for oversize or overweight movements made in compliance with this section.

(t)� The director or his authorized representative may issue permits for vehicles at weights in excess of limits allowed in W.S. 31-18-802(a)(vi), but meeting axle and bridge formula specifications in section 127 of title 23, United States Code and pursuant to section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2186) and sections 1023(d)(I)(A) and (1)(B) of the Intermodal Surface Transportation Efficiency Act of 1991.� Permit fees for vehicles operating under this provision shall be paid in accordance with rules adopted by the director or his authorized representative and shall be credited to the highway fund.� A power unit receiving a permit under this subsection shall be capable of maintaining� a speed of twenty-five (25) miles per hour on a grade of five percent (5%) or less when fully loaded.

31-18-805.� Penalties for violations; permit where vehicle or load cannot be dismantled; enforcement; fines.

(a)� Any person who violates this article, rules and regulations promulgated under it or the conditions of any permit issued under it is guilty of a misdemeanor punishable except where otherwise provided in this article, by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), imprisonment for not more than thirty (30) days, or both.

(b)� Where the vehicle or load cannot be readily dismantled to meet the provisions of this act, the director or his authorized representative may issue a permit as authorized under this act.

(c)� A driver of any vehicle, or combination of vehicles upon demand of any state trooper having reason to believe that the weight of any vehicle or combination, including load, if any, is unlawful, shall stop and submit the vehicle or combination of vehicles and any load thereon to a weighing at any state owned or leased scales not to exceed five (5) miles from the declared route of travel, unless the vehicle has been weighed at a port of entry with the same load. The driver shall comply with the directions of the trooper to obtain the total weight or measurement of the load and vehicle.

(d)� If a vehicle or combination of vehicles does not exceed the gross weight provisions of Table I or Table II, but does exceed the axle limits in an amount not over two thousand (2,000) pounds, or does exceed either the width limits of W.S. 31-18-802(a)(i) or the length limits of W.S. 31-18-802(a)(iv) by not more than twelve (12) inches, the cargo may be repositioned by the operator to comply with the legal limits and be allowed to proceed without penalty. In the case of a load that has shifted during transit and cannot be reasonably repositioned to meet legal limits, a permit may be issued.

(e)� Notwithstanding subsection (a) of this section, the fine for exceeding weight limitations is as follows:

EXCESS WEIGHT (LBS)�� FINE

0 - 2,000�� $ 25.00

2,001 - 4,000�� 75.00

4,001 - 6,000�� 125.00

6,001 - 8,000 �� 150.00

8,001 - 10,000 �� 200.00

10,001 - 12,000�� 300.00

12,001 - 14,000�� 400.00

14,001 - 16,000�� 500.00

16,001 - 18,000�� 600.00

18,001 - 20,000�� 700.00

Over 20,000�� 1,000.00

Plus an additional two hundred dollars ($200.00) for each one thousand (1,000) pounds or fraction thereof exceeding twenty thousand (20,000) pounds over the legal limits.

31-18-806.� Adoption of greater size or weight limits comparable to federal limits.

If the federal highway administration or the United States congress prescribes or adopts vehicle size or weight limits greater than those now prescribed by the Federal-Aid Highway Act of 1956 (title I of public law 627, 84th congress) which exceed in full or in any part the provisions of this article, the department may, upon determining that Wyoming highways have been constructed to standards which will accommodate the additional size or weight, and that the adoption of the size and weight schedule will not jeopardize any federal appropriations to the state, adopt size and weight provisions or schedules comparable to those approved or recommended by the United States congress or the federal highway administration.

31-18-807.� Special permits for certain combinations of vehicles.

The director may issue special permits, which shall not be in force more than ninety (90) days, authorizing the operation of a combination of motor vehicles on the highways of the state consisting of more than three (3) single units. The permits shall be issued for the purpose of testing the use of such units under actual operating conditions on the highways. The permits shall be issued under the supervision of and under conditions including time, route, equipment and speed determined by the director.

31-18-808.� Towing oversize disabled vehicles.

(a)� The width, height and length limitations prescribed in W.S. 31-18-802 and 31-18-804 do not apply to damaged, disabled or abandoned vehicles or combinations of vehicles in compliance with W.S. 31-18-802 or 31-18-804, while being towed by a tow truck or otherwise transported in compliance with regulations of the department. The limitation on the number of vehicles in combination imposed by W.S. 31-18-802 may be exceeded for the purpose of towing disabled or abandoned vehicles or vehicle combinations from highways to the nearest point of safekeeping where the vehicle or vehicles can safely be reduced in size to comply with W.S. 31-18-802 whereby the safety of the disabled vehicle or other traffic will be maintained.

(b)� The towing vehicle shall be:

(i)� Specifically designed for the operation;

(ii)� Equipped with amber flashing lights; and

(iii)� Capable of utilizing the lighting and braking systems of the disabled vehicle or combination of vehicles if the systems are operational.

(c)� The highway patrol shall be notified prior to the operation of a combination of vehicles under this section on the highways of the state.

(d)� A vehicle transporting disabled vehicles other than by towing shall be equipped with amber flashing lights or be accompanied by a vehicle with amber flashing lights.

(e)� The director or his authorized representative may issue a permit, effective for one (1) year, authorizing the movements of disabled or abandoned vehicles or vehicle combinations that exceed the maximum weights authorized under W.S. 31-18-802(a)(v), while being towed by a tow truck or otherwise transported in compliance with regulations of the department. The fee for an annual permit issued under this subsection shall be fifty dollars ($50.00) per tow truck.

ARTICLE 9 - MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT

31-18-901.� Agreement provisions generally.

The Multistate Highway Transportation Agreement is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

ARTICLE I

DEFINITIONS

SECTION 1.�� As used in this agreement:

(a)� "Cooperating committee" means a body composed of the designated representatives from the participating jurisdictions;

(b)� "Designated representative" means a legislator or other person authorized under article IX to represent the jurisdiction;

(c)� "Jurisdiction" means a state of the United States or the District of Columbia;

(d)� "Vehicle" means any vehicle as defined by statute to be subject to size and weight standards which operates in two (2) or more participating jurisdictions.

ARTICLE II

GENERAL PROVISIONS

SECTION 1.� Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.

SECTION 2.� Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.

SECTION 3.� Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations of that state.

SECTION 4.� Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing. This section shall have no effect on any judicial decision.

SECTION 5.� Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.

SECTION 6.� Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.

ARTICLE III

COOPERATING COMMITTEE

SECTION 1.� Each participating jurisdiction shall have two (2) designated representatives. Pursuant to section 2, article II, the designated representatives of each of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:

(a) �Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters;

(b)� Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken;

(c)� Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.

(d)� Consider mutual transportation problems of the motor carrier industry and recommend changes.

(e)� Recommend improvements in highway operations, in vehicular safety and in state administration of highway transportation laws.

(f)� Perform functions necessary to facilitate the purposes of this agreement.

SECTION 2.� Each designated representative of a participating jurisdiction shall be entitled to one (1) vote only. No action of the committee is approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.

SECTION 3.� The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice-chairman and a secretary.

SECTION 4.� The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.

ARTICLE IV

OBJECTIVES OF THE PARTICIPATING JURISDICTIONS

SECTION 1.� Objectives. The participating jurisdictions hereby declare that:

(a)� It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 36,000 pounds and a gross vehicle or combination weight of that resulting from application of the formula:

W = 500[LN/(N - 1) + 12N + 36] where W = maximum weight in pounds carried on any group of two (2) or more consecutive axles computed to the nearest five hundred (500) pounds;

L = distance in feet between the extremes of any group of two (2) or more consecutive axles;

N = number of axles in group under consideration.

(b)� It is the further objective of the participating jurisdictions that in the event the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section� be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of eighty thousand (80,000) pounds gross vehicle weight or statutory maximum lengths. The maximum statutory limits in each participating jurisdiction will not be affected.

(c)� It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications and operating practices; and such other matters as may be pertinent.

(d)� The cooperating committee may recommend that the participating jurisdictions jointly secure congressional approval of this agreement and specifically of the vehicle size and weight standards set forth in subsection (a) of this section.

(e)� It is the further objective of the participating jurisdictions to:

(i)� Establish transportation laws and regulations to meet regional and economic needs and to promote an efficient, safe and compatible transportation network;

(ii)� Develop standards that facilitate the most efficient and environmentally sound operation of vehicles� on highways, consistent with and in recognition of principles of highway safety;

(iii)� Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws; and

(iv)� Facilitate communication among legislators, state transportation administrators and commercial industry representatives to discuss unique highway transportation issues in participating jurisdictions.

ARTICLE V

ENTRY INTO FORCE AND WITHDRAWAL

SECTION 1.� This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 6, article II.

SECTION 2.� Any participating jurisdiction may withdraw from this agreement by canceling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.

ARTICLE VI

CONSTRUCTION AND SEVERABILITY

SECTION 1.� This agreement shall be liberally construed so as to effectuate the purposes thereof.

SECTION 2.� The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.

ARTICLE VII

FILING OF DOCUMENTS

SECTION 1.� A copy of this agreement, its amendments and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.

ARTICLE VIII

EXISTING STATUTES NOT REPEALED

SECTION 1.� All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.

ARTICLE IX

SELECTION OF DESIGNATED REPRESENTATIVES

SECTION 1.� The process for selecting the designated representatives to the cooperating committee shall be established by law under this article.

SECTION 2.� The persons authorized to represent the state of Wyoming as the designated representatives to the committee shall be the chairman of the senate transportation and highways committee and the chairman of the house transportation and highways committee, or a legislator or a state agency official each chairman may designate.

SECTION 3.� The chairmen of the senate and house transportation and highways committees shall also designate one (1) alternate representative who shall also be a legislator or state agency official to serve in the absence of the representative designated under section 2 of this article.

31-18-902.� State cooperation with and assistance to interstate cooperating committee.

(a)� The department of transportation shall cooperate with the cooperating committee in carrying out the purpose of W.S. 31-18-901 and shall cooperate with and assist the committee, to the extent funds are appropriated for this purpose, with the provisions of article III, section 1(a) and (b).

(b)� Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representative, shall be budgeted from the fees collected under W.S. 31-18-502.

31-18-903.� Filing of report.

The report required by article III, section 4 of W.S. 31-18-901 shall be filed with the governor and the joint transportation and highways interim committee.