TITLE 31 - MOTOR VEHICLES, CHAPTER 7

CHAPTER 7 - DRIVER'S LICENSES

ARTICLE 1 - IN GENERAL

31-7-101.� Short title.

This act shall be known and may be cited as the "Driver's License Act."

31-7-102.� Definitions.

(a)� As used in this act:

(i)� "Alcohol" means any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol;

(ii)� "Alcohol concentration" means:

(A)� The number of grams of alcohol per one hundred (100) milliliters of blood;

(B)� The number of grams of alcohol per two hundred ten (210) liters of breath; or

(C)� The number of grams of alcohol per seventy-five (75) milliliters of urine.

(iii)� "Bus" means every motor vehicle designed to transport sixteen (16) or more passengers, including the driver;

(iv)� "Cancellation" means the annulment or termination by formal action of the division of a person's license because of some error or defect in the license or because the licensee is no longer entitled to the license;

(v)� "Commerce" means:

(A)� Trade, traffic and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States; and

(B)� Trade, traffic and transportation in the United States which affects any trade, traffic and transportation in subparagraph (A) of this paragraph.

(vi)� "Commercial driver's license" means a license issued in accordance with the requirements of this act to an individual which authorizes the individual to drive a class of commercial motor vehicle;

(vii)� "Commercial driver license information system" is the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. 31106, to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

(viii)� "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property if the motor vehicle:

(A)� Has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;

(B)� Is designed to transport sixteen (16) or more passengers, including the driver; or

(C)� Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Material Regulations (49 CFR Part 172, Subpart F).

(ix)� "Commission" means the transportation commission of Wyoming or any authorized employee of the commission charged with the administration of this act;

(x)� "Controlled substance" includes:

(A)� Any drug or substance defined by W.S. 35-7-1002(a)(iv);

(B)� Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual's ability to drive safely.

(xi)� "Conviction" means a final conviction and shall include:

(A)� An unvacated adjudication of guilt or a determination of a violation in a court of original jurisdiction or an administrative proceeding;

(B)� An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;

(C)� A plea of guilty or nolo contendere accepted by the court;

(D)� The payment of a fine or court cost; or

(E)� Violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated.

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

(xiii)� "Disqualification" means a prohibition against driving a commercial motor vehicle;

(xiv)� "Division" means the division within the department which is designated to administer this act;

(xv)� "Drive" means to function as a driver in any place open to the general public for purpose of vehicular traffic;

(xvi)� "Driver" means as defined by W.S. 31-5-102(a);

(xvii)� "Employee" means any operator of a commercial motor vehicle, including full time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer;

(xviii)� "Employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

(xix)� "Endorsement" means an authorization placed upon an individual's driver's license to permit the individual to operate certain types of motor vehicles;

(xx)� "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;

(xxi)� "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination vehicle.� In the absence of a value specified by the manufacturer, GCWR will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon;

(xxii)� "Gross vehicle weight rating (GVWR)" means the weight specified by the manufacturer as the maximum loaded weight of a single vehicle;

(xxiii)� "Hazardous materials" means as defined in the federal motor carrier safety regulations, 49 C.F.R. 383.5;

(xxiv)� "Impaired person" means a person who is afflicted with or suffering from a mental, emotional, physical impairment or disease that may impair the person's ability to safely operate a motor vehicle;

(xxv)� "License", "driver's license", "commercial driver's license", "instruction permit" or "intermediate permit" means a license or permit secured by a person from the division, in accordance with this act which grants the privilege to drive or operate a motor vehicle on the public highways, streets and roads of this state;

(xxvi)� "License fee" means the fee imposed by this act;

(xxvii)� "Motor vehicle" means every vehicle which is self-propelled and designed for normal use on the highways;

(xxviii)� "Motorcycle" means as defined by W.S. 31-5-102(a);

(xxix)� "Nonresident" means a person who is not a resident of this state;

(xxx)� "Nonresident operating privilege" is the privilege conferred upon a nonresident by the laws of this state pertaining to the driving by the person of a motor vehicle or the use of a vehicle in this state;

(xxxi)� "Other law prohibiting driving while under the influence" means a statute of another state, the United States, a territory or district of the United States or an ordinance of a governmental entity of this or another state or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs;

(xxxii)� "Out-of-service" means a temporary prohibition against driving a commercial motor vehicle;

(xxxiii)� "Owner" means as defined by W.S. 31-5-102(a);

(xxxiv)� "Pedestrian vehicle" means as defined by W.S. 31-5-102(a);

(xxxv)� "Registration" means the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles;

(xxxvi)� "Representative vehicle" means a motor vehicle which represents the type and class of motor vehicle that the driver applicant operates or expects to operate;

(xxxvii)� "Resident" means as defined in W.S. 31-1-101(a)(xxi)(A);

(xxxviii)� "Restriction" means a restriction placed on an individual's license to indicate the driver's eligibility to operate a motor vehicle;

(xxxix)� "Revocation" means the termination by formal action of the division of a person's license or privilege to drive a motor vehicle on the public highways;

(xl)� "School bus" means every motor vehicle that is owned by, leased to or registered to a public school district, a private school or a carrier under contract to a public or private school and is used to transport children to or from school or in connection with school activities and is designed for and capable of carrying sixteen (16) or more passengers, but not including buses operated by common carriers in transportation of school children;

(xli)� "Serious traffic violation" means:

(A)� Excessive speeding, as defined by rule and regulation of the United States secretary of transportation involving any single offense for any speed of fifteen (15) miles per hour or more above the posted speed limit;

(B)� Reckless driving as defined by W.S. 31-5-229;

(C)� Repealed by Laws 2004, Ch. 11, � 2.

(D)� Erratic lane changes;

(E)� Following the vehicle ahead too closely;

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

(G)� Driving a commercial vehicle without obtaining a commercial driver's license;

(H)� Driving a commercial motor vehicle without a commercial driver's license in the driver's possession. An individual shall not be guilty of a violation of this subparagraph if the individual provides proof prior to or at a court or administrative hearing establishing that the individual held a valid commercial driver's license on the date of the citation; or

(J)� Driving a commercial motor vehicle without the proper class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

(xlii)� "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico;

(xliii)� "State of domicile" means the state where a person has his true, fixed and permanent home and principal residence and to which he has the intention of returning whenever he is absent;

(xliv)� "Suspension" means the temporary withdrawal for a specified period by formal action of the division of a person's license or privilege to drive a motor vehicle on the public highways;

(xlv)� "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the chassis of the vehicle.� Such vehicles include, but are not limited to, cargo tanks and portable tanks.� However, this definition does not include tanks having a rated capacity under one thousand (1,000) gallons;

(xlvi)� "Vehicle" means as defined in W.S. 31-5-102(a)(lviii);

(xlvii)� "Multipurpose vehicle" means as defined in W.S. 31-1-101(a)(xv)(M);

(xlviii)� "This act" means W.S. 31-7-101 through 31-7-313.

31-7-103.� Administration and enforcement.

(a)� The administration of this act shall be exercised by the department which may prescribe forms and reasonable rules and regulations in conformity with this act.� The department shall keep records of all monies received and disbursed. The records shall be open to examination by the director of the state department of audit or his designee and the legislative service office. The highway patrol and all peace officers of any county or municipality shall aid in the enforcement of this act.

(b)� The department shall perform background checks on all persons engaged in the manufacture or production of driver's licenses or state identification cards including, but not limited to, all persons who have the ability to affect identity information appearing on driver's licenses or identification cards.� The background check shall include a verification of any references and a name and fingerprint based criminal history records check.� The background check also shall include a check of the federal bureau of investigation's databases and the Wyoming department of criminal investigation's database.� The department shall by rule and regulation establish criteria for the qualification of persons permitted to access documents described under this section.

(c)� The department shall require fraudulent document recognition training for all employees handling those documents listed in W.S. 31-7-111(a) or engaged in the issuance of driver's licenses or identification cards.

31-7-104.� Disposition of fees.

Except as provided in this section, the license fees levied and collected under this act are payable to the department and shall be transmitted to the state treasurer to be credited to the highway fund.� The fees collected under W.S. 31-7-113(a)(x) shall be transmitted to the state treasurer to be credited to the motorcycle safety education account created by W.S. 31-5-1506.

31-7-105.� Administrative hearings.

(a)� Repealed by Laws 1992, ch. 30, � 3.

(b)� A hearing examiner designated by the office of administrative hearings created by W.S. 9-2-2201 shall sit as the administrative hearing agency for the department to hear all:

(i)� Contested cases involving per se suspensions involving a question of law, medical cancellations and denials, accident suspensions, commercial drivers license disqualifications and any other action as defined by department rule and regulation;

(ii)� Appeals from the record review of the department.

(c)� Any order of a hearing examiner may be appealed to the district court.� The person whose license or driving privilege is affected may file a petition for a review of the record in the district court in the county where the person resides or in the case of a nonresident in Laramie county or the county where the offense is alleged to have occurred. The person shall have thirty (30) days from the date of the written order in which to file the petition for review. The district court shall immediately set the matter for determination upon thirty (30) days written notice to the department.

(d)� Except for driving privileges that have been suspended for nonpayment of child support, before suspending, revoking, canceling or denying the license or driving privilege of any person under this act or disqualifying a person from driving a commercial motor vehicle pursuant to W.S. 31-7-305 and 31-7-307, the department shall immediately advise the licensee in writing:

(i)� Of his right to request a hearing;

(ii)� If the request for hearing is only to receive limited driving privileges, that the request shall be for a record review conducted by the department. The request for a record review under this paragraph shall be accompanied by a fee of fifteen dollars ($15.00);

(iii)� If the request for hearing is for any purpose other than specified under paragraph (d)(ii) of this section, that the request shall be for a hearing before a hearing examiner within the office of administrative hearings.� The request for a hearing before the office of administrative hearings under this paragraph shall be accompanied by a fee of twenty-five dollars ($25.00).

(e)� The licensee has twenty (20) days from the date the department denies the license or gives the notice of intent to suspend, revoke or cancel the license or disqualify the licensee from driving a commercial motor vehicle within which to request a hearing or the opportunity for a hearing is waived. If the request for a hearing is timely and the request is for a contested case, the department shall forward the request and certified record to the hearing examiner who shall schedule a hearing within forty-five (45) days after receipt of the certified record at a time and place specified by the hearing examiner. The hearing examiner shall provide the licensee notice of the hearing at least ten (10) days in advance of the hearing.� If the hearing examiner fails to schedule the hearing within forty-five (45) days of the request, other than at the request of the licensee, the licensee, as his sole remedy, shall be given credit against any action upheld at the hearing for the time between the expiration of the forty-five (45) day period and the date the hearing was first scheduled.� The hearing examiner may administer oaths, subpoena and compel the attendance of witnesses or the production of relevant books, papers and other evidence reasonably necessary to resolve the matters under consideration in accordance with W.S. 16-3-101 through 16-3-115 and may require reexamination of the licensee. The hearing examiner shall issue subpoenas upon his own motion or upon the request of any party to the proceedings in compliance with the Wyoming Rules of Civil Procedure. Upon hearing, the hearing examiner shall either rescind or uphold the action or upon a showing of good cause, may continue or modify a suspension of the license.

(f)� Upon receipt of a timely request, the department shall conduct a review of its records and issue an order granting or denying limited driving privileges. The discretion to continue or modify any order of suspension or denial to allow driving privileges is limited as follows:

(i)� It shall be extended only in cases where failure to do so would cause an undue hardship;

(ii)� Except as provided in paragraph (iv) of this subsection, it shall be extended only once to any person in a five (5) year period;

(iii)� It may be extended to a person convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence, or a person whose driver's license has been suspended or denied for a violation of W.S. 31-5-234, only if:

(A)� Within the five (5) year period preceding the date of the most recent offense, the person has not been convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence; and

(B)� The person agrees to pursue and completes an alcohol education or treatment program as the department prescribes.

(iv)� A person whose driving privileges have been suspended for nonpayment of child support may be granted limited driving privileges for a period not to exceed one hundred twenty (120) days upon request of the individual to the department after receipt of the notice of suspension of driving privileges pursuant to W.S. 20-6-111. A person granted limited driving privileges under this paragraph shall not be granted an extension of such privileges for twelve (12) months after the limited driving privileges expire unless the person has subsequently made full payment on his child support obligation in arrears, or is in full compliance with a payment plan approved by the department of family services;

(v)� It shall not be granted in cases of:

(A)� Revocation;

(B)� A conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence if there has been another conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence within the five (5) year period preceding the date of the offense upon which the conviction at issue is based;

(C)� A cancellation;

(D)� A suspension under the Motor Vehicle Safety-Responsibility Act or W.S. 31-6-102;

(E)� A denial under W.S. 31-7-108(b);

(F)� A disqualification from driving a commercial motor vehicle under W.S. 31-7-305 and 31-7-307;

(G)� A licensee under nineteen (19) years of age who has had his license suspended under W.S. 31-7-128(f) unless at least one-third (1/3) of the total license suspension period has elapsed and the licensee has complied with or is complying with all requirements or conditions imposed by the court resulting from the conviction;

(H)� Repealed By Laws 2011, Ch. 178, � 2.

31-7-106.� License required; limited to one license.

(a)� No person, unless exempt under this act shall drive, steer or exercise any degree of physical control of any motor vehicle or a vehicle being towed by a motor vehicle upon a highway in this state unless the person has been issued a driver's license for the class and type and applicable endorsements valid for the motor vehicle being driven.

(b)� Repealed by Laws 1989, ch 176, � 3.

(c)� No person shall have more than one (1) valid driver's license at any time. A person shall surrender to the division all valid driver's licenses in his possession or any person who has been previously licensed in this or any other state who does not have in their possession the license previously issued in this or any other state shall complete an affidavit of "No License in Possession", before receiving a driver's license under this act.

(d)� The division shall:

(i)� Notify the issuing jurisdiction that the licensee is now licensed in Wyoming and, if requested by the issuing jurisdiction, return any surrendered license to the issuing jurisdiction together with information if the licensee is now licensed in Wyoming; or

(ii)� Send a copy of the affidavit of "No License in Possession" to the issuing jurisdiction together with information the licensee is now licensed in Wyoming.

(e)� The division shall issue a driver's license to each qualified applicant not later than sixty (60) days from the date of the completed application.

(f)� Any person licensed as a driver under this act may exercise the privilege upon all streets and highways in this state and shall not be required to obtain any other license from any county, municipal or local board, or any other body having authority to adopt local regulations.

31-7-107.� Persons exempted.

(a)� The following persons are exempt from the licensing requirement under this act:

(i)� Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business unless the employee is required by the United States government or any agency thereof to have a state driver's license;

(ii)� A nonresident who has in his immediate possession a valid license issued to him by the licensing authority in his place of residence;

(iii)� A nonresident on active duty in the armed forces of the United States who has a valid license issued by his state of residence and the nonresident's spouse or dependent son or daughter who has a valid license issued by the person's state of residence;

(iv)� Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States but only for a period of forty-five (45) days from the date of his return to the United States;

(v)� A nonresident full-time student at the University of Wyoming, a Wyoming community college, a school licensed in this state offering post-secondary education or at a parochial, church or religious school as defined by W.S. 21-4-101(a)(iv) offering post secondary education, who has in his immediate possession a valid license issued to him by the licensing authority of his place of residence;

(vi)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(vii)� A resident possessing a valid driver's license issued by a member state of the Driver's License Compact, W.S. 31-7-201 and 31-7-202, provided:

(A)� A resident possessing a commercial driver's license shall only be exempt from the licensing requirement under this act for thirty (30) days; and

(B)� A resident possessing any other driver's license shall only be exempt from the licensing requirement under this act for one (1) year.

31-7-108.� Persons not to be licensed; investigation by the division.

(a)� No driver's license shall be issued to any person who is under the age of seventeen (17) years, except as provided in W.S. 31-7-110 and 31-7-117(c), or unless the person is at least sixteen (16) years of age and has held an intermediate permit pursuant to W.S. 31-7-110(g) or a similar permit from another jurisdiction for six (6) months and has completed a drivers education course approved by the appropriate school district, or taught by a person qualified as a driving instructor pursuant to W.S. 21-2-802(h), as evidenced by a passing grade or certificate.

(b)� The division shall not issue or renew any driver's license to any person:

(i)� Whose license or nonresident operating privilege is currently under suspension or revocation in this or any other state except as otherwise provided in this act;

(ii)� Who is an habitual user of alcohol or any controlled substance to a degree rendering him incapable of safely driving a motor vehicle;

(iii)� Who has previously been adjudged by a court of law to be mentally incompetent and who has not at the time of application been restored to competency by the methods provided by law;

(iv)� Who has failed to successfully pass an examination required by this act;

(v)� When the division has good cause from the examination administered to the person under W.S. 31-7-114 or 31-7-122 to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways;

(vi)� Who is in violation of the immigration laws of the United States;

(vii)� Repealed by Laws 2005, ch. 197, � 2.

(viii)� When the division has received a written statement from a licensed treating physician or optometrist stating the person is not capable of safely operating a motor vehicle.� The licensed treating physician or optometrist may request an examination by the division under W.S. 31-7-122.

(c)� The division shall not issue a new license to a person who has had his Wyoming license revoked or restore a person's revoked nonresident operating privilege until the division determines after investigation of the character, habits and driving ability of the person that the person has met the requirements adopted by the division by rule and demonstrated his ability to drive a motor vehicle safely and it is appropriate to restore the person's privilege to drive a motor vehicle.

(d)� Subject to W.S. 31-7-313, a commercial driver's license or commercial driver instruction permit shall not be issued to a person while the person is subject to a cancellation, revocation, suspension or disqualification from driving a commercial motor vehicle.

(e)� The division shall not issue, renew, upgrade or transfer a hazardous materials endorsement for a commercial driver's license to any person unless the Transportation Security Administration of the United States Department of Homeland Security has completed a security threat assessment of the person seeking the endorsement and determined that the person does not pose a security risk warranting denial of the endorsement.

31-7-109.� Classes of licenses.

(a)� Every driver's license issued by the division shall be classified by the class, type or endorsement of the vehicles the licensee may drive.

(b)� License classification, type or endorsement shall take into account the operational characteristics of the vehicles operated.

(c)� Qualifications of applicants may be determined by any test authorized by W.S. 31-7-114.

(d)� Licensing classification plan:

(i)� Class "A" consists of any combination of vehicles with a gross combination weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds, including all vehicles under classes "B" or "C", except motorcycles;

(ii)� Class "B" consists of any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds or any such vehicle towing a vehicle which does not have a gross vehicle weight rating in excess of ten thousand (10,000) pounds, including all vehicles under class "C", except motorcycles;

(iii)� Class "C" consists of any single vehicle or combination of vehicles, except motorcycles, that does not meet the definition of class "A" or class "B" vehicles under this subsection, but that is not designed to transport sixteen (16) or more passengers including the driver or is not placarded for transportation of hazardous materials;

(iv)� Class "I" indicates an instruction permit issued pursuant to W.S. 31-7-110(a) and (b);

(v)� Repealed by Laws 1989, ch. 176, �� 2, 3.

(vi)� Class "M" consists of motorcycles which may be added to a license valid for any other class or may be issued as the only class on a license if the applicant is not licensed for any other classification;

(vii)� Class "I2" indicates an intermediate permit issued pursuant to W.S. 31-7-110(g).

(e)� Repealed by Laws 1989, ch. 176, �� 2, 3.

(f)� Any person licensed to drive any class of vehicle pursuant to this section may also drive a moped, multipurpose vehicle or an off-road recreational vehicle as defined in W.S. 31-1-101(a)(xv)(K), upon public streets or highways pursuant to W.S. 31-5-124.

(g)� Repealed by Laws 1989, ch. 176, �� 2, 3.

(h)� The following driver's license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver license:

(i)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(ii)� "N" authorizes the operation of a� vehicle which is designed to transport as its primary cargo any liquid, bulk or gaseous material within a tank having a designed capacity of one thousand (1,000) gallons or more and attached to the vehicle;

(iii)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(iv)� "T" authorizes a class "A" vehicle to be operated while pulling more than one (1) trailer;

(v)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(vi) �"K" prohibits the operation of a class "A" or class "B" vehicle equipped with air brakes;

(vii)� "IIR" authorizes the operation of a vehicle equipped with an ignition interlock device as provided in article 4 of this chapter.

(j)� Repealed by Laws 1993, ch. 145, �� 2, 5.

31-7-110.� Instruction and temporary driver's permits.

(a)� Any person who is at least fifteen (15) years of age may apply to the division for an instruction permit. The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a specified type or class of motor vehicle for a period of one (1) year when accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.

(b)� Any person at least fifteen (15) years of age may apply to the division for a motorcycle instruction permit. The division, after the applicant has successfully passed a written examination and a vision test may issue to the applicant an instruction permit which entitles the applicant to drive a motorcycle for a period of ninety (90) days without a passenger.� If the applicant also passes a driving test, the division may issue an instruction permit which entitles the applicant to drive a motorcycle for a period of one (1) year, without a passenger. The motorcycle instruction permit for a person who is under seventeen (17) years of age shall be subject to restricted hours of operation as provided in W.S. 31-7-110(h)(ii)(B) through (E).

(c)� The division may issue a temporary driver's permit to an applicant for a driver's license permitting him to drive a specified type or class of motor vehicle while the division is completing its investigation and determination of the facts relative to the applicant's eligibility to receive a driver's license. The permit or receipt for application thereof must be in his immediate possession while driving a motor vehicle of the type for which the license is to be issued.� The permit or receipt is invalid upon expiration or when the applicant's license has been issued. If for good cause the issuance of a license has been refused, any temporary permit becomes invalid and the division shall give notice to the permit holder who shall immediately return the temporary permit to the division.

(d)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(e)� Any person who holds a valid Wyoming classified driver's license may apply to the division for a commercial driver instruction permit.� The division may, after the person has successfully passed all required examination, other than the driving skills examination and paid the required fee, issue to the person a commercial driver instruction permit, which entitles the person to drive a commercial motor vehicle on a highway only when accompanied by a person who has a commercial driver's license valid for the type of vehicle driven and who occupies a seat beside the person for the purpose of giving instruction in driving the commercial motor vehicle.� The commercial driver instruction permit may not be issued for a period to exceed one (1) year and only one (1) renewal may be granted within a two (2) year period.

(f)� Any person who is at least fourteen (14) years of age and who has applied and been approved for a restricted license under W.S. 31-7-117(c), shall apply to the division for an instruction permit.� The division, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant an instruction permit which entitles the applicant while having the permit in his immediate possession to drive a class "C" motor vehicle for a period of sixty (60) days when accompanied by a person at least eighteen (18) years of age who holds a valid class "C" driver's license, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver.

(g)� Any person, who is at least sixteen (16) years of age and has held an instruction permit pursuant to subsection (a) or (f) of this section, or in the case of an applicant for an intermediate motorcycle permit an instruction permit pursuant to subsection (b) of this section, or a similar permit from another jurisdiction and has completed practice driving of at least fifty (50) actual driving hours, including at least ten (10) hours of night driving, may apply to the division for an intermediate permit that entitles the applicant to drive a specified type or class of motor vehicle.� No permit may be issued unless a parent or guardian certifies the applicant has completed the practice driving requirements.

(h)� A person operating a motor vehicle, other than a motorcycle, with an intermediate permit:

(i)� May not transport more than one (1) passenger under the age of eighteen (18) who is not a member of the permittee's immediate family unless accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used and provided that all occupants of the vehicle are in seats equipped with and are using proper safety belts;

(ii)� Shall only be upon a public highway between the hours of 5:00 a.m. and 11:00 p.m. unless:

(A)� Accompanied by a person at least eighteen (18) years of age who holds a valid driver's license for the type or class of vehicle being used;

(B)� Required by medical necessity as evidenced by a signed statement from medical personnel;

(C)� Driving to or from work as evidenced by a signed statement from the permittee's employer;

(D)� Driving to or from school, a school activity, an organized youth sports activity or a religious activity as evidenced by a signed statement of a parent or guardian; or

(E)� Required due to a medical emergency.

(j)� A person with an intermediate motorcycle permit shall not operate the motorcycle with any passenger and shall be subject to the restrictions provided in subparagraph (h)(ii)(B) through (E) of this section.

(k)� The division shall suspend for a period of thirty (30) days the intermediate operating permit of any person violating any provision of subsection (h) or (j) of this section.� Records of convictions or license suspensions under this subsection shall not be made a part of the abstracts or records kept by the department of transportation pursuant to W.S. 31-5-1214 or 31-7-120.� Any records maintained by the department for administration of this subsection shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the provisions of this section.� Any driver's license suspension or related records under this subsection shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this subsection.

(m)� Subsections (a) and (f), paragraph (h)(i) and subparagraph (h)(ii)(A) of this section do not apply to motorcycle instruction permits.

(n)� No motor vehicle shall be halted solely for a violation of subsection (h) or (j) of this section.

31-7-111.� Application for license or permit generally.

(a)� Every application for instruction permit, driver's license, commercial driver's license or commercial driver instruction permit shall be made upon a form furnished by the division.�� Every application shall be accompanied by the proper fee, proof of residence and proof of identity.� Proof of identity shall be established by a certified copy of the applicant's birth certificate, valid unexpired United States passport, consular report of birth abroad, certificate of citizenship, certificate of naturalization, permanent resident card, employment authorization document, foreign passport (with United States visa affixed and accompanied by an approved document documenting the applicant's most recent admittance to the United States), state issued driver's license or identification card which complies with federal law and applicable regulations, or other document required by the division to establish identity where reasons beyond the applicant's control prevent the applicant from presenting the documents required by this subsection.

(b)� The application shall include:

(i)� The full legal name and current mailing and residential address of the person;

(ii)� A physical description of the person including sex, height and weight;

(iii)� Date of birth;

(iv)� The person's social security number or other numbers or letters deemed appropriate on applications for instruction permits, driver's licenses, commercial driver's licenses and commercial driver instruction permits;

(v)� The person's signature;

(vi)� Whether the applicant has previously been licensed as a driver specifying the state or country;

(vii)� Information including dates, if any license or application has been refused, suspended, revoked or canceled;

(viii)� An organ donor notation pursuant to W.S. 35-5-205;

(ix)� A consent to release driving record information for persons applying for a commercial driver's license only;

(x)� Any other information or documentation required by the department to validate information or identity;

(xi)� A signed declaration indicating that the information provided is true and correct under the penalty of perjury.

(c)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(d)� Whenever application is received from a person previously licensed in another jurisdiction, the division shall request a copy of the driver's record from the other jurisdiction. When received, a driving record shall become a part of the driver's record in this state.

(e)� Whenever the division receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge.

(f)� No person shall be issued a driver's license within ten (10) days of issuance of an instruction or temporary driver's permit for the same vehicle class.

(g)� The department may modify the requirements of subsection (b) of this section by properly adopted rule or regulation for driver's license or identification card applications received from federal, state or local criminal justice agencies, or other similarly situated persons, where applicable law or regulation requires that limited information be provided.

31-7-112.� Application for license or permit of persons under 18.

The application of any person under the age of eighteen (18) years for an instruction permit or driver's license shall be signed� by a parent or guardian having custody of the applicant. If there is no parent or guardian the application may be signed by the circuit court judge of the applicant's county of residence upon petition to the court and upon a finding by the court that the applicant is sufficiently mature to handle the responsibilities of driving a motor vehicle.

31-7-113.� Fees.

(a)� The following fees are imposed:

(i)� Driver's license--------------------------- $20.00

(ii)� Instruction permit------------------------ $20.00

(iii)� Restricted license under W.S. 31-7-117(c)�
------------------------------------------------------ $10.00

(iv)� Duplicate or renewal---------------------- $15.00

(v)� Extension or renewal----------------------- $15.00

(vi)� Commercial driver's license--------------- $25.00

(vii)� Commercial driver instruction permit��
------------------------------------------------------ $20.00

(viii)� Commercial license renewal or duplicate��
------------------------------------------------------ $20.00

(ix)� Commercial driver's license skills test conducted by the department-------------------------------------------- $40.00

(x)� Initial or renewal of class "M" designation
------------------------------------------------------ $ 3.00

(xi)� Intermediate permit----------------------- $15.00

(b)� Except as provided in paragraph (a)(x) of this section, if the driver's license is issued for more than one (1) class, type or endorsement at the time of issuance there shall be no additional fee.

(c)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(d)� If a driver's license with limited driving privileges is granted pursuant to W.S. 31-7-105(f), the fee shall be twenty-five dollars ($25.00).

(e)� Notwithstanding W.S. 31-7-131(c), if a driver's license is reinstated after a period of suspension or revocation, the fee for the reinstatement shall be fifty dollars ($50.00) unless the final decision by the hearing examiner, or a court reverses the action taken by the department. If a driver's license is reinstated after suspension for nonpayment of child support pursuant to W.S. 20-6-111 or 20-6-112, the fee for reinstatement shall be not more than five dollars ($5.00).

(f)� Notwithstanding W.S. 31-7-115(b), any licensee on active duty in the armed forces of the United States who is stationed outside the state of Wyoming, or his spouse or dependent child who has a valid driver's license issued under this chapter, may obtain a license with an updated photograph and the same expiration date of the current license without payment of any fee, unless renewing under W.S. 31-7-119, if:

(i)� While outside the state, the person surrenders the current license; or

(ii)� While in the state, the person surrenders the current license and has his photograph taken by the division.

31-7-114.� Examinations.

(a)� The division shall examine every applicant for a driver's license and instructional permit. The examination shall include a test of the applicant's eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices, the traffic laws of the state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles to be driven.

(b)� The division may waive the knowledge and driving test of any person applying for a renewal license under this act.

(c)� The division shall offer an examination within each calendar month in each county.

(d)� Repealed by Laws 1993, ch. 145, �� 2, 5.

(e)� No person may be issued a commercial driver's license unless the person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle as prescribed by rules and regulations of the department which shall at a minimum include the standards established by the secretary of the United States department of transportation.� Except as provided in subsections (f) and (g) of this section, the tests shall be prescribed and conducted by the department.� The written test for a hazardous materials endorsement shall be taken and passed if the person seeks to retain the "H" endorsement authorized under W.S. 31-7-304(a)(ii)(A).

(f)� The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of local government including fire departments to administer the skills test specified by subsection (a) of this section, provided:

(i)� The test is the same which the department would administer; and

(ii)� The third party enters into an agreement with the department which complies with rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation.

(g)� The department may waive the skills test specified in subsection (e) of this section for a commercial driver license applicant who meets the requirements contained in rules and regulations of the department which shall at a minimum include the requirements designated in rules and regulations of the United States department of transportation.

31-7-115.� Issuance, description and contents.

(a)� Upon the� satisfactory completion of any required examination, the division shall issue to every qualifying applicant a driver's license, and:

(i)� The license shall be tamperproof to the maximum extent practicable and may include security features as deemed appropriate by the department;

(ii)� The commercial driver's license and commercial driver's instruction permit shall be marked "Commercial Driver's License" or "CDL";

(iii)� The driver's license shall include, but not be limited to, the following information:

(A)� The class or type of motor vehicle or vehicles which the person is authorized to drive together with any authorized endorsements or required restrictions;

(B)� The distinguishing number assigned to the licensee;

(C)� The full legal name, any identifying numbers or letters deemed appropriate, date of birth, principal residence address, height, weight and sex of the licensee. Unless otherwise required by federal law, the social security number of the person shall not be required on a driver's license;

(D)� A full facial digital color photograph of the licensee;

(E)� The space for identification as an anatomical organ donor as provided for in W.S. 31-7-139;

(F)� The licensee's usual signature.� No license is valid until it has been signed by the licensee;

(G)� Date the license is issued;

(H)� Date the license expires;

(J)� Any other information required by the department to comply with applicable federal law;

(K)� At the option of the licensee pursuant to a signed application prepared by the department, a symbol that the designation of a person who could be contacted in the event of an emergency is on file with the department.

NOTE: This section becomes effective 1/1/2012.

(b)� Licenses issued to persons under twenty-one (21) years of age shall bear distinctive markings indicating the licensee is under twenty-one (21) years.� After January 1, 1994, a license shall expire no later than when the licensee attains twenty-one (21) years of age. The department shall notify the licensee at least ninety (90) days prior to his twenty-first birthday of the expiration date of his license.� A licensee may apply for a license within ninety (90) days of attaining the age of twenty-one (21) years, payment of the proper fee and surrender of the original license.

31-7-116.� Carrying and displaying.

Every licensee shall have his driver's license in his immediate possession at all times when driving a motor vehicle and shall display the license upon demand of any judicial officer, municipal court judge, any officer or agent of the division or any police officer as defined in W.S. 31-5-102(a)(xxxiii). However, no person charged with violating this section shall be convicted if he produces in court a driver's license previously issued to him and valid at the time of his arrest. For the purposes of this section "display" means the surrender of his license to the demanding officer. After examination the officer shall immediately return the license to the licensee except as provided in W.S. 31-5-1205(k).

31-7-117.� Restricted licenses.

(a)� Upon issuing a driver's license the division for good cause may impose restrictions suitable to the licensee's driving ability. The restrictions may require special mechanical control devices on any motor vehicle which the licensee may drive and any other restrictions upon the licensee the division determines to be necessary and reasonably likely to assure the safe driving of any motor vehicle by the licensee.� The division may issue a restricted license to a person whose license has otherwise been suspended or revoked, as provided in article 4 of this chapter.

(b)� The division may issue a special restricted license or may� state the restrictions on the license form.

(c)� The division may issue a restricted class "C" or "M" license, or both such licenses, to a person who is between the ages of fourteen (14) and sixteen (16) years upon receipt of application, payment of the proper fees, an affidavit of extreme inconvenience signed by the parent or guardian having custody of the applicant and a finding by the highway patrol that extreme inconvenience actually exists. The applicant shall successfully pass the examination required by W.S. 31-7-114. The licensee may drive a vehicle only between the hours of 5:00 a.m. and 8:00 p.m., within a fifty (50) mile radius of his domicile and only at the direction of his parent or guardian. If any person while licensed under this subsection, receives a citation for a moving violation, the division, upon receipt of the notice of conviction, shall suspend the license and any other license or permit evidencing that person's privilege to operate a motor vehicle. For purposes of this subsection "extreme inconvenience" includes the following circumstances:

(i)� The person must drive to school and the person's residence is more than five (5) miles from the school;

(ii)� The person has a regular job more than five (5) miles from the person's residence;

(iii)� The person must have the license to work in his parent's business; or

(iv)� Any other circumstance which the highway patrol finds is an extreme inconvenience.

(d)� Upon receiving satisfactory evidence of any violation of the restrictions of the license, the division may cancel, suspend or revoke the license but the licensee is entitled to a hearing under W.S. 31-7-105.

(e)� It is a misdemeanor to drive a motor vehicle in violation of the restrictions imposed in a restricted license issued pursuant to this section.

(f)� A person who is at least fifteen (15) years of age who holds a restricted class "C" license may drive beyond the hours and radius specified in subsection (c) of this section if the person is accompanied by a person who:

(i)� Is at least eighteen (18) years of age;

(ii)� Is licensed to drive as a driver for the type or class of vehicle being used;

(iii)� Is fit and capable of exercising control over the vehicle; and

(iv)� Is occupying a seat beside the driver.

(g)� Except as provided in subsection (f) of this section, any license issued pursuant to subsection (c) of this section shall only be used for the situation creating the extreme hardship and shall only be valid when accompanied by and used in conjunction with the statement restriction listing the circumstances of the extreme inconvenience.� The statement of restrictions is to be issued by the department pursuant to the highway patrol's investigation.� Drivers convicted of violating this subsection shall be subject to the provisions of subsections (d) and (e) of this section.

31-7-118.� Replacement license.

If a license issued under� this act is lost, destroyed or if the licensee desires to withdraw or insert notice of anatomical organ donation, the person� may obtain the appropriate replacement license upon payment of the proper fee and surrender of the original license, if available.

31-7-119.� Expiration and renewal; required tests; extension.

(a)� Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the license.

(b)� The division shall require every person applying for renewal of a driver's license to take and successfully pass a test of his eyesight. The division may require any applicant to take and successfully pass any additional tests or provide affidavits required or authorized under the original application as the division finds reasonably necessary to determine his qualification according to the type or� class of license. The written test for a hazardous materials endorsement shall be taken and passed if the person wants to retain an "H" endorsement unless the applicant's written test results are less than two (2) years old.

(c)� Notwithstanding subsection (f) of this section, the division may defer the expiration of the license of a licensee who is on active duty in the armed forces of the United States for successive four (4) year periods, upon terms and conditions as it may prescribe. The division may similarly defer the expiration of the license of the spouse or dependent child of the person in the armed forces if residing with that person.

(d)� Except as provided in article 4 of this chapter, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked is not entitled to apply for a new license until the expiration of the period of revocation. Any person making false application for a new license before the expiration of the period of revocation is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(e)� Notwithstanding subsection (a) of this section, the driver's license of any person who has not attained his twenty-first birthday may be renewed within thirty (30) days prior to the date of his twenty-first birthday upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section.

(f)� Once in any� eight (8) year period, a driver's license may be extended for a four (4) year period without the examination required by subsection (b) of this section for a licensee:

(i)� Whose license has not been suspended or revoked in the four (4) years immediately preceding the date of license expiration;

(ii)� Who, according to affidavits required by the division indicates no medical impairment which might represent a hazard to public safety;

(iii)� Whose license is not restricted pursuant to W.S. 31-7-117(c);

(iv)� Who does not have a material change in any personally identifiable information that requires the applicant to present one (1) of the documents listed in W.S. 31-7-111(a).

(g)� The division shall send an application for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days prior to the license expiration date. The application shall be accompanied by written evidence that the applicant's visual acuity is 20/40 or better with or without corrective lenses, as tested within one (1) year prior to submitting the application.� Upon receipt of a completed application and the fee prescribed by W.S. 31-7-113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension.

(h)� Repealed by Laws 2009, Ch. 35, � 2.

31-7-120.� Records to be kept by division; exceptions.

(a)� The division shall maintain a readily available file of and suitable indexes for:

(i)� All license applications denied with the reasons for denial noted thereon;

(ii)� All applications granted;

(iii)� Every licensee whose license has been suspended or revoked and the reasons for the action;

(iv)� All accident reports and abstracts of court records of convictions received under the laws of this state with suitable notations for each licensee showing the convictions of the licensee and the traffic accidents in which he has been involved.

(b)� Notwithstanding subsection (a) of this section the division shall twelve (12) months after conviction, expunge the record relating to the suspension of a driver's license of a minor pursuant to W.S. 31-7-128(f) for the violation of any law or ordinance relating to the possession or consumption of a controlled substance or alcohol, except a violation of W.S. 31-5-233. For any person whose records of a driver's license suspension were expunged under this subsection, the suspension under this subsection is deemed not to have occurred and the individual may reply accordingly upon any inquiry in the matter. Notwithstanding W.S. 31-5-1214, records of suspensions under W.S. 31-7-128(f) shall not be made available for public inspection except for inspection by any law enforcement officer or agency. Any driver's license suspension or related records under this subsection shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a minor or his parents affected by this section.

(c)� The division is authorized to provide personally identifiable information in its records to the secretary of state for the implementation of the voter registration system. The provision of information shall be for the purpose of verifying voter registration data. The division shall do so in accordance with terms agreed upon by the secretary and the director of the department.

(d)� The division is authorized to provide personally identifiable information in its records to the commissioner of social security for the purpose of having the applicable information matched with the information in the commissioner's records. The division shall do so in accordance with the Social Security Act, 42 U.S.C. 405(r), and the terms agreed upon by the commissioner of social security and the director of the department.

31-7-121.� Repealed By Laws 1997, ch. 5, � 1.

31-7-122.� Reexaminations.

(a)� The division, having good cause to believe that a licensed driver is unsafe or otherwise not qualified to be licensed, may upon written notice of not less than ten (10) days to the licensee require him to submit to an appropriate examination. Upon the conclusion of the examination, or the refusal of the person to timely complete the examination, the division shall:

(i)� Cancel or refuse to renew the person's license;

(ii)� Permit him to retain the license; or

(iii)� Issue him a license subject to restrictions as permitted under W.S. 31-7-117 or restrictions as to the type or class of vehicles that may be driven.

31-7-123.� Authority of division to cancel license or permit.

The division may cancel any driver's license or instruction permit upon determining that the licensee or permittee was not entitled to the license or permit, that the licensee or permittee failed to give the required or correct information in his application, that the license or permit has been altered or upon receipt of a written statement from a licensed treating physician or optometrist stating that the licensee or permittee is not capable of safely operating a motor vehicle.� The licensed treating physician or optometrist may request an examination by the division under W.S. 31-7-122.

31-7-124.� Suspension or revocation of privileges of nonresidents; reporting of convictions, suspensions and revocations by division.

(a)� The privilege of a nonresident to drive a motor vehicle on the highways of this state is subject to suspension or revocation by the division� under this act.

(b)� The division, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, shall forward a certified copy of the record to the motor vehicle administrator of the state of the driver's residence and to the state issuing the license.

(c)� When a nonresident's operating privilege is suspended or revoked, the division shall forward a certified copy of the record of the action to the motor vehicle administrator of the state of the driver's residence and to the state issuing the license.

31-7-125.� Suspension or revocation upon notice of conviction in another state or in federal court.

The division shall suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or in a federal court of an offense which, if committed in this state, would be grounds for the suspension, revocation or disqualification of the license of a� driver under W.S. 6-2-106, 31-5-233, 31-7-127, 31-7-128, 31-7-134 or 31-7-305 or upon receiving notice of a violation of a statute which, if committed in this state, would be grounds for suspension under the Motor Vehicle Safety-Responsibility Act. The division may suspend the license of any resident of the state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of the person in another state or federal court of an offense which, if committed in this state, would be grounds for the suspension of the license of a driver under W.S. 31-7-129.

31-7-126.� Reporting of convictions and failure to appear by courts.

Every court having jurisdiction under any statute of this state or a municipal ordinance adopted by local authority regulating the driving of motor vehicles, shall forward to the division within ten (10) working days from the date of conviction a record of the conviction of any person in the court for a violation of any of those laws or ordinances, other than those regulating standing or parking of a motor vehicle. The court shall also forward to the division a report of any violation by any person of a promise to appear in court as given to the arresting officer upon the issuance of a traffic citation and any failure to appear in court at the time specified by the court. Failure of a court to forward a record of conviction or violation under this section within the time specified in this section from the date of conviction or violation shall not affect the division's authority under this act.

31-7-127.� Mandatory revocation of license for certain violations.

(a)� The division shall revoke the license or nonresident operating privilege of any person,� upon receipt of a record of conviction of the person of any of the following violations:

(i)� Any felony which is the direct result of the manner in which a motor vehicle is driven;

(ii)� A conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence, if the person has been previously convicted two (2) or more times under W.S. 31-5-233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:

(A)� The date of the offense upon which the conviction is based; or

(B)� The date of the conviction at issue.

(iii)� A conviction under W.S. 31-5-229, a similar local ordinance or a similar statute or ordinance in another jurisdiction, if the person has been previously convicted two (2) or more times under W.S. 31-5-229, a similar local ordinance or a similar statute or ordinance in another jurisdiction within a five (5) year period preceding:

(A)� The date of the offense upon which the conviction is based; or

(B)� The date of the conviction at issue.

(iv)� Failure to stop and render aid when involved in a motor vehicle accident resulting in personal injury or death, as required by W.S. 31-5-1101, a similar local ordinance or a similar statute or ordinance in another jurisdiction;

(v)� Perjury or the making of a false affidavit or statement under oath to the division under any statute relating to the ownership or operation of motor vehicles;

(vi)� Conviction under W.S. 31-7-133(a)(v);

(vii)� Conviction under W.S. 6-2-106 or a similar statute in another jurisdiction.

(b)� The period of revocation for the violations in subsection (a) of this section is one (1) year except the period of revocation under paragraph (a)(ii) of this section is three (3) years.

(c)� Any person whose driver's license or nonresident operating privilege has been revoked shall, for a three (3) year period beginning on the date of revocation, file and maintain proof of financial responsibility as required in W.S. 31-9-401 through 31-9-414.

31-7-128.� Mandatory suspension of license or nonresident operating privilege for certain violations; suspension of registration.

(a)� The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's conviction under W.S. 31-5-229, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:

(i)� Ninety (90) days, for the first conviction;

(ii)� Six (6) months, if the person has been previously convicted once under W.S. 31-5-229, a similar ordinance or a similar statute or ordinance in another jurisdiction within the five (5) year period preceding:

(A)� The date of the offense upon which the conviction is based; or

(B)� The date of conviction at issue.

(b)� Upon receiving a record of a driver's conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence, the division shall suspend the license or nonresident operating privilege for:

(i)� Ninety (90) days for the first conviction;

(ii)� One (1) year, if the person has been previously convicted once under W.S. 31-5-233 or other law prohibiting driving while under the influence within the ten (10) year period preceding:

(A)� The date of the offense upon which the conviction is based; or

(B)� The date of the conviction at issue.

(c)� If a person has been convicted under W.S. 31-5-233 or other law prohibiting driving while under the influence at least once within the two (2) year period preceding the date of the most recent offense upon which a conviction under W.S. 31-5-233 or other law prohibiting driving while under the influence is based, the registration of the vehicle being driven if registered in this state to the convicted individual shall be suspended by the division for the period of the driver's license revocation or suspension. The division shall notify the county treasurer of the vehicle registration suspension.� The county treasurer, during the period of registration suspension, shall not issue any new vehicle registrations to the convicted individual.� Any peace officer may confiscate the license plate of a vehicle whose registration is solely in the name of the driver whose license has been suspended or revoked under state law.

(d)� The division shall suspend the license or any nonresident operating privileges of any person failing to report an accident as required by W.S. 31-5-1106 through 31-5-1108 until the report has been filed.

(e)� Any person whose driver's license or nonresident operating privilege has been suspended shall, for a three (3) year period beginning on the date of suspension, file and maintain proof of financial responsibility as required in W.S. 31-9-401 through 31-9-414. The requirement for filing and maintaining proof of financial responsibility under this subsection does not apply to a suspension under subsection (f), (g) or (n) of this section.

(f)� Upon receiving a record of the conviction of a� driver who is under nineteen (19) years of age for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol, the division shall suspend the license or nonresident operating privilege for:

(i)� Ninety (90) days for the first conviction;

(ii)� Six (6) months, if the person has been previously convicted within the preceding twelve (12) months for violating any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol.

(g)� Upon receiving notice from the department of family services that a driver is in arrears in a child support obligation, the division shall withhold or suspend the license or any nonresident operating privileges of any driver as specified in the notice until the division receives notice from the department of family services that the driver has made full payment of his child support obligation in arrears or has entered into and is complying with a payment plan approved by the department of family services.

(h)� Upon receiving a record of a driver's violation of W.S. 31-5-234, the department shall suspend or deny the license or nonresident driving privileges as follows:

(i)� A person who has been issued a driver's license shall be suspended:

(A)� For a period of ninety (90) days for a first offense;

(B)� For a period of six (6) months if the person has previously violated W.S. 31-5-234 once, or has previously been convicted once under W.S. 31-5-233 or other law prohibiting driving while under the influence within two (2) years preceding:

(I)� The date of the offense upon which the conviction is based; or

(II)� The date of conviction.

(C)� Repealed By Laws 2002, Ch. 93, � 2.

(ii)� A person who has not been issued a driver's license shall not operate a vehicle and the department shall not issue the person a driver's license or learner's permit for the time specified in paragraph (h)(i) of this section.

(j)� The provisions of subsection (e) of this section do not apply to a denial or suspension under W.S. 31-5-234 if the denial or suspension is based solely on a violation of W.S. 31-5-234.

(k)� Records of convictions or license suspensions under subsection (h) of this section shall not be made a part of the abstracts or records kept by the department of transportation pursuant to W.S. 31-5-1214 or 31-7-120. Any records maintained by the department for suspensions under subsection (h) of this section shall be maintained separately and shall not be available for public inspection except for inspection by any law enforcement officer or agency to enforce the laws of Wyoming. Records under this subsection shall be maintained so that, upon inquiry by any member of the public who is not otherwise entitled to inspect a record maintained under this subsection, the records relating to the subject of the inquiry shall not display information with respect to a license suspension under subsection (h) of this section.� Any driver's license suspension or related records under subsection (h) of this section shall not be the basis for any increase in insurance premiums or the cancellation of any insurance policy for a person or his parents affected by subsection (h) of this section.

(m)� Notwithstanding subsection (k) of this section, the department shall expunge the record relating to the suspension of a driver's license under subsection (h) of this section when the person under suspension attains twenty-one (21) years of age, unless the person's driver's license is under suspension at that time, in which case the record shall be expunged when the suspension terminates and the person has paid the reinstatement fee required under W.S. 31-7-113(e).

(n)� The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's second or subsequent conviction under W.S. 6-3-402(f), a similar local ordinance or a similar statute or ordinance in another jurisdiction for:

(i)� Thirty (30) days, for the second conviction;

(ii)� Ninety (90) days for the third and each subsequent conviction.

31-7-129.� Discretionary suspension of license.

(a)� The division may suspend the license of any driver for a period not to exceed twelve (12) months if the licensee:

(i)� Is a repeated violator, such fact being established by a record of moving violations, accidents or by other evidence;

(ii)� Has permitted an unlawful or fraudulent use of his license as defined in W.S. 31-7-133;

(iii)� Has refused or neglected to submit to an examination required by the division under W.S. 31-7-122;

(iv)� Has violated his promise to appear in court, given to an arresting officer in this state or any other state upon the issuance of a traffic citation, or has failed to appear in court in this state or another state at the time specified by the court; or

(v)� Violates any of the endorsements on his commercial driver's license.

(b)� Upon receiving a record of the licensee's conviction, the division may suspend a license issued under W.S. 31-7-117(c) for:

(i)� Ninety (90) days, for a first conviction;

(ii)� One (1) year, for a subsequent conviction.

31-7-130.� Commencement of cancellation, suspension or revocation.

(a)� Except as otherwise provided by law, a cancellation, suspension or revocation by the division under this act or any other law shall commence the later of:

(i)� Twenty (20) days after notice of intent to suspend or revoke is given by the division;

(ii)� If a hearing is requested in a timely manner, at the conclusion of the hearing process; or

(iii)� If the person's license or privilege to drive was suspended or revoked at the time an additional suspension or revocation would have commenced under paragraph (a)(i) or (ii) of this section or other law, on the date that prior suspension or revocation expires.

31-7-131.� Surrender and return of license.

(a)� Upon cancelling, suspending or revoking a license, the division shall require that the license be surrendered to the division.

(b)� Any person whose license has been cancelled, suspended or revoked shall immediately return his license to the division.

(c)� At the end of a period of a suspension, the division shall return a license to the licensee, if unexpired.

31-7-132.� Restriction on operation under foreign license during cancellation, suspension or revocation in this state.

Any resident or nonresident whose driver's license or privilege to drive a motor vehicle in this state has been cancelled, suspended or revoked under this act, shall not drive a motor vehicle in this state under a license or permit issued by any other jurisdiction during the suspension or after cancellation or revocation until a new license is obtained or nonresident operating privileges are authorized under this act.

31-7-133.� Unlawful use of license.

(a)� It is an unlawful use of a license and is a misdemeanor for any person to:

(i)� Display or permit to be� displayed, or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered driver's license;

(ii)� Lend his driver's license to any other person or knowingly permit its use by another;

(iii)� Display or represent as one's own any driver's license not issued to him;

(iv)� Fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked or cancelled;

(v)� Use a false or fictitious name in any application for a driver's license, knowingly make a false statement, knowingly conceal a material fact or otherwise commit a fraud in any application;

(vi)� Permit any unlawful use� of a driver's license issued to him; or

(vii)� Drive a vehicle in violation of the endorsements on his driver's license or instruction or temporary permit.

31-7-134.� Driving while license cancelled, suspended or revoked.

(a)� No person shall drive a motor vehicle on any public highway in this state at a time when his driver's license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked under this act or any other law.� Except as provided in subsection (c) of this section, a person convicted of violating this section is guilty of a misdemeanor� punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both.

(b)� Repealed By Laws 1998, ch. 113, � 2.

(c)� A person convicted of a subsequent violation of subsection (a) of this section for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31-5-229 or 31-5-233, is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail.� In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided under this section, but shall have his license administratively suspended for thirty (30) days.

(d)� Notwithstanding any other provision of law, any person under the age of twenty-one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one-hundredths of one percent (0.02%) and the amount specified in W.S. 31-5-233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided by this section, but shall have his license administratively suspended for thirty (30) days.

31-7-135.� Permitting unlicensed person to drive.

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven or towed upon any highway� by any person who is not licensed for the type or class of vehicles to be driven or is in violation of any provision of this act.

31-7-136.� General penalties.

Except as otherwise provided by this act any person who violates any� provision of this act is guilty of a misdemeanor and may be punished by a fine of not more than seven hundred fifty dollars� ($750.00), by imprisonment for not more than ninety (90) days, or both. On conviction for a second or subsequent violation, the� person may be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not to exceed six (6) months, or both.

31-7-137.� Proof of receipt of notice or order; change of address or name.

(a)� Evidence that a notice or order from the division under this act was mailed to the last known address of a person is prima facie proof the person received the notice or order five (5) days after the notice or order was mailed.� As used in this section, "last known address" means the address on file with the division.

(b)� A person licensed under this act shall notify the division in writing within ten (10) days of any change of his address or name.� The division shall maintain a record of the names and addresses of all persons licensed under this act and shall amend the record when notified under this subsection.

(c)� When a licensee changes his name, mailing address or residence, an application for a duplicate license shall be made within ten (10) days of the date of the change.

31-7-138.� Temporary license pursuant to W.S. 31-5-1205(k) (arrest for driving under the influence).

(a)� The division shall provide to law enforcement agencies in this state temporary driver's license forms to be issued pursuant to W.S. 31-5-1205(k). The temporary license form shall be prescribed by the division, be completed by the issuing officer, be valid for thirty (30) days and shall specify:

(i)� The date of issuance;

(ii)� That the license is valid for thirty (30) days;

(iii)� That the person may apply for an extension from the division, if eligible for a Wyoming driver's license;

(iv)� That the person's license, whether a Wyoming license or a license from another jurisdiction was or was not surrendered to the arresting officer;

(v)� That the license is not valid if at the time of issuance, the person does not have a valid driver's license authorizing the person to drive in this state.

(b)� The division shall issue or renew a temporary license, without charge, to a licensee issued a temporary license under W.S. 31-5-1205(k) on a form prescribed by the division as valid for sixty (60) days if the licensee:

(i)� Applies in person at a licensing station;

(ii)� Surrenders or has surrendered his Wyoming driver's license;

(iii)� Surrenders the temporary license issued under W.S. 31-5-1205(k); and

(iv)� Is otherwise eligible to receive a Wyoming driver's license.

(c)� The time limitations for renewal of a valid Wyoming license are extended during the time a person has a valid temporary license under this section.

(d)� The Wyoming driver's license of any person provided a temporary license under W.S. 31-5-1205(k) is invalid until disposition of the arrest or citation and shall be surrendered to the division.

(e)� Upon receipt of a record indicating the disposition of the arrest or citation which required surrender of the license:

(i)� Each Wyoming license surrendered under this section or pursuant to W.S. 31-5-1205(k) shall be:

(A)� Returned, if the licensee is not convicted and is otherwise entitled to receive the license; or

(B)� Retained, if the licensee is convicted.

(ii)� Otherwise, each record received shall be forwarded to the jurisdiction in which the license was issued and shall indicate:

(A)� The licensee was not convicted and is otherwise entitled to receive his license or driving privileges; or

(B)� The licensee was convicted.

(f)� The division shall upon receipt of out-of-state driver's license from the arresting officer under W.S. 31-5-1205(k) and 31-6-104(b) return the license to the jurisdiction in which it was issued along with a copy of the temporary driver's license issued to licensee. The licensee is responsible for contacting the jurisdiction in which the license was issued for securing its return.

(g)� As used in subsection (e) of this section:

(i)� "Convicted" includes the department's suspension or denial of a license pursuant to W.S. 31-5-234 or 31-6-108;

(ii)� "Otherwise entitled to receive the license" means the license is not currently under any suspension, revocation or cancellation for any reason, including suspension under W.S. 31-6-102 or 31-6-107 as a result of the same incident on which an arrest or citation was based.

31-7-139.� Anatomical organ donor.

(a)� The department shall, at the applicant's request, identify on the Wyoming driver's license or identification card that the person is an anatomical organ donor as provided by W.S. 35-5-205.

(b)� Repealed by Laws 1990, ch. 18, � 3.

(c)� Repealed by Laws 1990, ch. 18, � 3.

31-7-140.� Nonresident Violator Compact of 1977; division to enter into compact.

The division shall execute all documents and perform other duties as necessary to enter into and carry out the provisions of the Nonresident Violator Compact of 1977.

ARTICLE 2 - DRIVER LICENSE COMPACT

31-7-201.� Compact provisions generally.

The Driver License Compact is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

ARTICLE I

Findings and Declaration of Policy

(a)� The party states find that:

(i)� The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles;

(ii)� Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;

(iii)� The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(b)� It is the policy of each of the party states to:

(i)� Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles;

(ii)� Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II

Definitions

(a)� As used in this compact:

(i)� "State" means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;

(ii)� "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle;

(iii)� "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE III

Report of Convictions

(a)� The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.� Such report shall:

(i)� Clearly identify the person convicted;

(ii)� Describe the violation specifying the section of the statute, code or ordinance violated;

(iii)� Identify the court in which action was taken;

(iv)� Indicate whether a plea of guilty or not guilty was entered, or conviction was a result of the forfeiture of bail, bond or other security; and

(v)� Include any special findings made in connection therewith.

ARTICLE IV

Effect of Conviction

(a)� The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct has occurred in the home state, in the case of convictions for:

(i)� Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(ii)� Driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(iii)� Any felony in the commission of which a motor vehicle is used;

(iv)� Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b)� As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by laws of the home state.

(c)� If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in the subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.

ARTICLE V

Applications for New Licenses

(a)� Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state.� The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(i)� The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;

(ii)� The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law.� The licensing authority may refuse to issue a license to any such applicant, if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways;

(iii)� The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VII

Compact Administrator and Interchange of Information

(a)� The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact.

(b)� The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.

ARTICLE VIII

Entry Into Force and Withdrawal

(a)� This Compact shall enter into force and become effective as to any state when it has enacted the same into law.

(b)� Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.� No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.

ARTICLE IX

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes thereof.� The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity� of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.� If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

31-7-202.� Definitions.

(a)� As used in the Driver License Compact enacted in W.S. 31-7-201:

(i)� "Licensing authority" means the department of transportation;

(ii)� "Executive head" means the governor;

(iii)� "Head of the licensing authority" means the director of the department of transportation.

ARTICLE 3 - COMMERCIAL DRIVER'S LICENSE

31-7-301.� Notification required by driver.

(a)� Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state or federal law or local ordinance relating to motor vehicle traffic control, in any state, or of violating any federal, provincial, territorial or municipal laws of Canada, other than parking violations, shall notify the department in writing, and shall also notify his employer in writing, within thirty (30) days of the date of the conviction.

(b)� A driver whose driver's license is suspended, revoked or canceled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his employer of the action taken before the end of the business day following the day the driver received notice of the action.

(c)� A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application for employment, with the following information for the ten (10) year period preceding the date of application in a sworn statement:

(i)� A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(ii)� The dates between which the applicant drove for each employer; and

(iii)� The reason for leaving each employer.

31-7-302.� Employer responsibilities.

(a)� Each employer must require the applicant to provide the information required in W.S. 31-7-301.

(b)� No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any period in which the driver has:

(i)� Not been licensed to drive a commercial vehicle;

(ii)� A driver license suspended, revoked or canceled by a state;

(iii)� Lost the privilege to drive a commercial motor vehicle in a state;

(iv)� Been disqualified from driving a commercial motor vehicle; or

(v)� More than one (1) driver license.

31-7-303.� Exemptions.

(a)� Notwithstanding any other provision of this act, the department shall by rule and regulation grant an exemption from the licensing requirements of this article or with any rule or regulation adopted pursuant to the licensing requirements of this article to a class of persons or class of commercial motor vehicles exempted by the secretary of the United States department of transportation pursuant to title 49 of the United States Code including:

(i)� A farm or ranch vehicle when:

(A)� Controlled and operated by a farmer or rancher;

(B)� Used in agricultural operations as defined in W.S. 31-18-801(a)(i); and

(C)� Not used in the operations of a contract or common motor carrier.

(ii)� Firefighting equipment;

(iii)� Military equipment operated by the department of defense, including the national guard, when operated by noncivilian personnel.

31-7-304.� Issuance; classifications and endorsements.

(a)� Commercial driver's licenses may be issued with the following classifications and endorsements.� The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles which require a separate endorsement, unless the proper endorsement appears on the license:

(i)� Classifications:

(A)� Class "A" consists of any combination of vehicles with a gross combination weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds;

(B)� Class "B" consists of any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds, or any such vehicle towing a vehicle which is not in excess of ten thousand (10,000) pounds;

(C)� Class "C" consists of any single vehicle or combination of vehicles that does not meet the definition of a class "A" or class "B" vehicle as contained herein, but that either is designed to transport sixteen (16) or more passengers including the driver or is placarded for transportation of hazardous materials.

(ii)� The following driver's license endorsements are special authorizations permitting the driver to operate certain types of motor vehicles or transport certain types of cargo if the endorsement is displayed on the driver's license:

(A)� "H" authorizes the operation of a vehicle transporting hazardous materials;

(B)� "N" authorizes the operation of a vehicle which is designed to transport as its primary cargo any liquid, bulk or gaseous material within a tank having a designed capacity of one thousand (1,000) gallons or more and attached to the vehicle;

(C)� "P" authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of passengers, providing the licensed driver has attained the age of eighteen (18) years;

(D)� "T" authorizes a class "A" vehicle to be operated while pulling more than one (1) trailer;

(E)� "X" represents a combination of "H" and "N" endorsements;

(F)� Repealed By Laws 2004, Chapter 11, � 2.

(G)� "S" authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31-7-102(a)(iii) used for the transportation of preschool, elementary or secondary school students from home to school, school to home or to and from school sponsored events.

(b)� Before issuing a commercial driver's license, the department shall obtain driving record information through the commercial driver license information system, through the National Driver Register, and from each state in which the person has been licensed.

(c)� Within ten (10) days after issuing a commercial driver's license, the department shall notify the commercial driver license information system of the issuance and provide all information required to ensure identification of the person.

(d)� The commercial driver's license shall expire as provided by W.S. 31-7-119.

(e)� When applying for renewal of a commercial driver's license, the applicant must complete the application form required by W.S. 31-7-111 and provide updated information and required certifications.� The written test for a hazardous materials endorsement must be taken and passed if the person wants to retain an "H" endorsement.

(f)� Before issuing or renewing a commercial driver's license or at any time before an applicant's current federal medical qualification certificate expires, the department shall require that the applicant present a current federal medical qualification certificate.

31-7-305.� Disqualification and cancellation; right to a hearing.

(a)� Any person is disqualified from driving a commercial motor vehicle for a period of not less than one (1) year if convicted of a first violation� arising from separate incidents of:

(i)� Driving or in actual physical control of a motor vehicle under the influence of alcohol or a controlled substance to a degree which renders him incapable of safely driving a motor vehicle;

(ii)� Driving or in actual physical control of a commercial motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is four one-hundredths of one percent (0.04%) or more;

(iii)� Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person;

(iv)� Using a motor vehicle in the commission of any felony;

(v)� Refusal to submit to a test to determine the driver's alcohol concentration while driving or in actual physical control of a motor vehicle;

(vi)� Driving a commercial vehicle when, as a result of prior convictions, the driver's driving privileges are cancelled, suspended or revoked, or the driver is disqualified from operating a commercial motor vehicle;

(vii)� Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to homicide by motor vehicle, negligent homicide, motor vehicle manslaughter or a similar local ordinance or similar state law from another jurisdiction;

(viii)� Driving or being in actual physical control of a motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is eight one-hundredths of one percent (0.08%) or more; or

(ix)� Violating any local ordinance or state law in another jurisdiction which is substantially similar to any of the violations listed in this subsection.

(b)� If any of the violations provided in subsection (a) of this section occurred while transporting a hazardous material required to be placarded in accordance with 49 C.F.R. �� 172.500 through 172.558, the person is disqualified for a period of not less than three (3) years.

(c)� A person may be disqualified for life if convicted of two (2) or more violations of any of the offenses specified in subsection (a) of this section or any combination of those offenses arising from two (2) or more separate incidents.� Only offenses committed after the effective date of this act apply to this subsection.

(d)� The department shall issue regulations establishing guidelines and conditions under which a disqualification for life under subsection (c) of this section may be reduced to a period of not less than ten (10) years.� The guidelines and conditions shall be in compliance with the Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570.

(e)� A person may be disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.

(f)� A person may be disqualified from driving a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.

(g)� A driver who is convicted of violating an out-of-service order may be disqualified for a period of:

(i)� Not less than one hundred eighty (180) days nor more than one (1) year if the driver is convicted of a first violation of an out-of-service order;

(ii)� Not less than two (2) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of two (2) separate violations of out-of-service orders in separate incidents;

(iii)� Not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents;

(iv)� Not less than one hundred eighty (180) days nor more than two (2) years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. � 5101 et seq., or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver.� A driver is disqualified for a period of not less than three (3) years nor more than five (5) years if, during any ten (10) year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen (15) passengers, including the driver.

(h) �For offenses specified in this subsection relating to a railroad-highway crossing, a person who holds, or is required to have, a commercial driver's license is disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of a first offense under this subsection, for a period of one hundred twenty (120) days if convicted of a second offense under this subsection in a separate incident within a three (3) year period, or for a period of one (1) year for a third or subsequent conviction under this subsection within a three (3) year period for driving a commercial motor vehicle in violation of state or local law or regulation pertaining to one (1) of the following offenses at a railroad-highway crossing:

(i)� For drivers who are not required to stop at all railroad-highway crossings, failing to slow down and check that the tracks are clear of an approaching train;

(ii)� For drivers who are not required to stop at all railroad-highway crossings, failing to stop before reaching the crossing if the tracks are not clear;

(iii)� For drivers who are always required to stop at all railroad-highway crossings, failing to stop before driving onto the crossing;

(iv)� For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;

(v)� For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or

(vi)� For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

(j)� After suspending, revoking, disqualifying or canceling a commercial driver license, the state licensing authority shall update its records to reflect that action within ten (10) days.� After suspending, revoking, disqualifying or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver license within ten (10) days.

(k)� Before a person is disqualified from driving a commercial motor vehicle under this act, the department shall notify the person and provide an opportunity for a hearing and appeal in accordance with the provisions of W.S. 31-7-105.

(m)� A disqualification under this section does not affect the department's authority to suspend, revoke, cancel or deny a license under any other law.

(n)� Repealed By Laws 2011, Ch. 31, � 2.

(o)� A person may be disqualified from driving a commercial motor vehicle, or the department may downgrade a person's commercial driver's license to a noncommercial driver's license, if the person fails to provide a current federal medical qualification certificate when requested by the department.

31-7-306.� Commercial drivers prohibited from operating with any alcohol in system.

(a)� Notwithstanding any other provision of this title, a person may not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in his system.

(b)� A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system as provided by W.S. 31-7-307 shall be placed out-of-service for twenty-four (24) hours.

31-7-307.� Implied consent requirements for commercial motor vehicle drivers.

(a)� A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent, subject to the provisions of this section to a chemical test or tests of his blood, breath or urine for the purpose of determining alcohol or controlled substance concentration in his blood.

(b)� The test or tests shall be administered at the direction of a peace officer, who has probable cause to believe that the driver was driving or in actual physical control of a commercial motor vehicle in this state while having alcohol or a controlled substance in his system. The peace officer who requires a test pursuant to this section may direct that the test shall be of blood, breath or urine.� However, if the officer directs that the test be of the person's blood or urine, the person may choose whether the test shall be of blood or urine.� The person has this option unless the peace officer has probable cause to believe there is a controlled substance which is not subject to testing by a blood or breath test in which case a urine test may be required.

(c)� For tests required under this section, the person shall be advised that:

(i)� Repealed By Laws 2011, Ch. 178, � 2.

(ii)� If the results of the test indicate a blood alcohol concentration of four one-hundredths of one percent (0.04%) or more, it shall result in a disqualification for a period of not less than one (1) year to life;

(iii)� If the results of the test indicate a blood alcohol concentration of less than four one-hundredths of one percent (0.04%), he shall be placed out-of-service for twenty-four (24) hours;

(iv)� He may go to the nearest hospital or clinic and secure any or all required tests at his own expense or any remaining required tests shall be administered by a person at a place and in a manner prescribed by and at the expense of the agency employing the peace officer.

(d)� Results of tests obtained at the person's expense shall be made available to the peace officer and the person. Disclosure of the test results by the person administering the test is not a violation of the doctor-patient relationship.

(e)� Any person dead, unconscious or otherwise in a condition rendering him incapable of cooperating with the administration of the tests is deemed to have given his consent provided for in this section, and the tests may be administered subject to this section. A chemical test designated by the agency employing the peace officer may also be administered to a person who refuses to take a test upon issuance of a search warrant, including a remotely communicated search warrant, as provided in W.S. 31-6-102(d). A remotely communicated search warrant shall be valid only for purposes specified in this subsection.

(f)� If the person refuses testing or is administered a test which discloses an alcohol concentration of four one-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood the peace officer shall submit a signed statement to the department. The statement submitted by the officer shall contain:

(i)� His probable cause to believe the person was driving or in actual physical control of a commercial vehicle:

(A)� In this state;

(B)� With alcohol or a controlled substance in his system.

(ii)� That a test was requested pursuant to this section; and

(iii)� That the person refused to submit to a test or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent (0.04%) or more.

(g)� Upon receipt of the signed statement of a peace officer submitted under subsection (f) of this section, the department shall disqualify the driver from driving a commercial motor vehicle under W.S. 31-7-305 subject to the hearing provision therein.

(h)� A timely request for a hearing shall stay the disqualification until the order following the hearing is entered provided the stay of disqualification is effective only so long as there is no disqualification for a similar violation during the hearing and appeal period.

(j)� At the conclusion of a hearing, the hearing examiner shall order the disqualification be rescinded or sustained.� The scope of the hearing shall be limited to the issues of:

(i)� Whether the peace officer had probable cause to believe the person was driving or in actual physical control of a commercial vehicle with alcohol or a controlled substance in his system;

(ii)� Whether the results of a test indicated there was at least four one-hundredths of one percent (0.04%) of alcohol in the person's blood; and

(iii)� Whether the person had been given the advisement required in subsection (c) of this section.

(k)� Prehearing discovery available to any party is limited to access to the notice of disqualification, signed statement, and any accompanying documentation submitted by the peace officer.� Other types of discovery available under other laws are not available under this section.

(m)� If a person under arrest refuses to submit to a chemical test under this section, evidence of the refusal is admissible in any administrative, civil or criminal action or proceeding arising from acts alleged to have been committed while driving or in actual physical control of a commercial vehicle.

(n)� W.S. 31-6-102(g), 31-6-104(c), 31-6-105(a), (b) and (e) and 31-6-106 apply to this section.

31-7-308.� Notification of traffic convictions.

Within ten (10) days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state or federal law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction.

31-7-309.� Driving record information to be furnished.

(a)� Notwithstanding any other provision of law, the department shall furnish full information regarding the driving record of any person:

(i)� To the driver license administrator of any other state or province or territory of Canada requesting the information;

(ii)� To any employer or prospective employer upon request and payment of the required fee;

(iii)� To insurers upon request and payment of the required fee.

(b)� The department shall determine the amount of the fee prescribed by this section to cover the actual cost of providing the information.

31-7-310.� Rulemaking authority.

The department shall adopt rules and regulations necessary to carry out the provisions of this article and the requirements of the federal motor carrier safety regulations in title 49, Code of Federal Regulations.

31-7-311.� Authority to enter agreements.

The department may make agreements, arrangements or declarations to carry out the provisions of this article specifically, but not limited to certifying third parties to conduct tests of applicants required under this article.

31-7-312.� Reciprocity.

Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a commercial driver's license issued by any state or provinces or territories of Canada in accordance with the minimum federal standards for the issuance of a commercial motor vehicle driver's� license, if the person's driver's license is not suspended, revoked or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.

31-7-313.� Temporary commercial driver license; fees.

If a person has his driving privileges suspended or revoked for a violation committed while driving a noncommercial vehicle the department shall not issue a temporary commercial driver's license to be used by the person to drive a commercial motor vehicle for the period of the suspension or revocation. The department may issue a noncommercial temporary license as specified in W.S. 31-7-105 if the person is otherwise eligible.� The fee for the temporary license shall be the same as for a noncommercial driver's license under W.S. 31-7-113(a).

ARTICLE 4 - IGNITION INTERLOCK LICENSES

31-7-401.� Ignition interlock licenses; definitions; administration and enforcement.

(a)� For purposes of this article:

(i)� "Ignition interlock device" means an alcohol breath screening device connected to the engine's ignition system, that prevents the vehicle from starting when it detects an alcohol concentration over an established limit. �The device shall contain a data logger which retains records of every instance in which the device prevented the engine from starting during the period between recalibrations;

(ii)� "Ignition interlock service provider" means any person who installs, services, monitors, calibrates or repairs ignition interlock devices and who must be certified by the department to perform such work.

(b)� The department shall prescribe reasonable rules and regulations for the certification of ignition interlock devices and ignition interlock service providers and for the calibration and maintenance of ignition interlock devices, which calibration and maintenance shall be the responsibility of an ignition interlock service provider.� In addition to other matters necessary for the administration of this article, the rules and regulations shall:

(i)� Prohibit any ignition interlocking device from being sold or installed in this state without the device and the ignition interlock service provider being certified by the department;

(ii)� Require that each ignition interlock service provider provide a reasonable service where such devices may be obtained, repaired, replaced, serviced and calibrated;

(iii)� Require that every ignition interlock service provider provide monthly reports for each ignition interlocking device data logger;

(iv)� Require that ignition interlock service providers check, calibrate and service each ignition interlock device installed by that provider at least every sixty (60) days and adopt a reporting requirement should the provider find evidence of tampering;

(v)� Require that each ignition interlock service provider retain all data logger records for three (3) years;

(vi)� Require that each ignition interlock service provider complete certificates of installation and certificates of continuing calibration and servicing, which certificates shall be delivered to the department on a form determined by the department and within a time period set by the department;

(vii)� Establish procedures under which indigent persons who are required to operate only vehicles equipped with an ignition interlock device may have one-half (1/2) the costs of obtaining and using such device paid from funds made available by the state.� A person shall be considered indigent if they are able to produce evidence that they are eligible and qualified to participate in the federal food stamp program.

(c)� The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance of ignition interlock restricted licenses as provided in this article.

31-7-402.� Issuance of ignition interlock restricted license; eligibility.

(a)� A person whose driver's license has been suspended pursuant to W.S. 31-7-128(b)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, and who has served at least forty-five (45) days of the suspension period shall apply to the department for an ignition interlock restricted license for the balance of the suspension period or other period required by law.

(b)� A person whose driver's license has been revoked pursuant to W.S. 31-7-127(a)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device, and who has served at least forty-five (45) days of the suspension or revocation period shall apply to the department for an ignition interlock restricted license for the balance of the suspension or revocation period or other period required by law.

(c)� An ignition interlock restricted license issued pursuant to subsection (a) or (b) of this section shall entitle the licensee to drive upon the highways of this state during the period his previously issued license is otherwise suspended or revoked or for another period required by law, subject to the following conditions:

(i)� The licensee agrees in writing to the terms and conditions of this article;

(ii)� Ignition interlock devices shall be installed, at the licensee's expense, by a certified ignition interlock service provider on all motor vehicles the licensee will drive, whether such vehicles are owned by the licensee or not, except that a licensee may operate an employer's vehicle without an ignition interlock device installed during normal business activities and not used by the licensee for nonbusiness purposes;

(iii)� Repealed By Laws 2009, Ch. 160, � 2.

(iv)� Repealed By Laws 2009, Ch. 160, � 2.

(v)� The driver's license and driving record of any person issued an ignition interlock license shall clearly indicate that the licensee may only operate a motor vehicle equipped with a functioning ignition interlock device;

(vi)� An applicant for an ignition interlock restricted license shall file and maintain proof of financial responsibility as required by W.S. 31-9-401 through 31-9-414 for the period of the restricted license.

(d)� No restricted license may be issued under this article until the department has received a certificate of installation from a certified ignition interlock service provider for every vehicle on which the device must be installed for that licensee under this article.

31-7-403.� Suspension or revocation of ignition interlock license.

(a)� Subject to the administrative hearing provisions of W.S. 31-7-105, the department shall suspend a person's ignition interlock restricted license when the department is notified that:

(i)� An ignition interlock device required by this article is no longer installed or functional, except as required for normal repair and maintenance;

(ii)� The licensee has failed to maintain proof of financial responsibility as required by this article.

(b)� A suspension pursuant to subsection (a) of this section shall remain in effect until the licensee provides written evidence that the violation causing the suspension has been cured.

(c)� Subject to the administrative hearing provisions of W.S. 31-7-105, the department may revoke a person's ignition interlock restricted license when the department is notified that:

(i)� The licensee has been convicted of any violation of W.S. 31-7-404 or 31-5-233; or

(ii)� The monthly reports from a licensee's ignition interlocking device data logger indicate that the licensee is habitually attempting to operate a vehicle while impaired.

31-7-404.� Driving without interlock device.

(a)� No person licensed under this article shall drive any motor vehicle, without a functioning and certified ignition interlock device.

(b)� No person shall remove or otherwise circumvent an installed ignition interlock device nor blow or solicit another to blow into an ignition interlock device for the purpose of rendering an operable vehicle to a person whose driving privileges have been restricted under this article.

(c)� A person holding a restricted license under this article who violates subsection (a) or (b) of this section is guilty of a misdemeanor and shall:

(i)� For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation or suspension of sentence or release on any other basis until serving at least seven (7) days in jail.� In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);

(ii)� For a second or subsequent violation of subsection (a) or (b) of this section during the same license period is guilty of a misdemeanor and shall be imprisoned for not less than thirty (30) days nor more than six (6) months and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail.� In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);

(iii)� Shall be considered to have been convicted under W.S. 31-5-233 for the purposes of the ignition interlock device requirements of W.S. 31-5-233(f)(ii) through (v).

(d)� A person violating subsection (b) of this section who is not the restricted licensee is guilty of a misdemeanor and shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than six (6) months, or both.� Upon a subsequent violation of subsection (b) of this section, the violator shall no longer be eligible for an ignition interlock restricted license should that person ever apply and otherwise be eligible.

(e)� The courts of this state shall forward to the department a copy of the record pertaining to the disposition of any arrest or citation for a violation of subsection (a) or (b) of this section within ten (10) days after such record becomes available.

(f)� The provisions of subsection (b) of this section shall not apply to any person starting a vehicle when necessary in the interest of safety or for the repair of the device or vehicle nor shall they apply to any ignition interlock service provider while performing his duties as an ignition interlock service provider.

31-7-405.� Repealed By Laws 2009, Ch. 160, � 2.