State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter19

CHAPTER 19 - RENTAL VEHICLE AGENCIES

 

ARTICLE 1 - RENTAL AGENCY CERTIFICATE; REGISTRATION;SURCHARGE; FEES; ENFORCEMENT

 

31-19-101. Definitions.

 

(a) Except as otherwise provided, as used in this chapter:

 

(i) "Rental vehicle" means as defined in W.S.31-1-101(a)(xx) and includes u-drive-it rental vehicles;

 

(ii) "Rental vehicle agency" means any person whorents or offers for rental any vehicle, including a u-drive-it vehicle, withouta driver for a period of thirty-one (31) days or less;

 

(iii) "Rental vehicle fleet" means one (1) or morerental vehicles rented or offered for rental in Wyoming without a driver for aperiod of thirty-one (31) days or less and includes both rental vehicles andu-drive-it vehicles;

 

(iv) "U-drive-it vehicle" means as defined in W.S.31-1-101(a)(xxviii).

 

31-19-102. Required application; rental agency certificate.

 

Before commencing business and annuallythereafter, any person who engages in the business of renting rental vehiclesin Wyoming shall apply to the department for a certificate or a renewal of acertificate to operate as a rental vehicle agency. A certificate or renewalcertificate is valid for one (1) year. Applications shall be accompanied by afee of one hundred dollars ($100.00) and contain information with respect tothe applicant's name and established place of business address. The applicantshall list the physical address of each location in Wyoming where vehicles willbe rented or offered for rental without a driver. A rental vehicle agencycertificate including certificate number will be printed for each location withthe physical address of that location indicated and shall be conspicuouslydisplayed within the place of business for that location. Failure of thecertificate holder to comply with any applicable rules and regulations or anyprovisions of this chapter shall result in cancellation of the certificate andsubject the certificate holder to other penalties as provided by law.

 

31-19-103. Established place of business.

 

(a) The department shall not issue a rental agency certificateto any applicant without an established place of business. If a rental vehicleagency changes the location of its established place of business, the rentalvehicle agency shall immediately notify the department. A new rental vehicleagency certificate shall be granted if the new location meets all therequirements of an established place of business. If a rental vehicle agencyceases to have an established place of business, the rental vehicle agencyshall immediately surrender its rental vehicle agency certificate to thedepartment until the rental vehicle agency obtains an established place ofbusiness. The rental vehicle agency certificate shall be reissued withoutcharge if a place of business is established. Nothing in this act shall beconstrued to prevent a rental vehicle agency from conducting its business atone (1) or more licensed supplemental lots or locations not contiguous butoperated and maintained in conjunction with the rental vehicle agency's placeof business.

 

(b) The established place of business shall be a permanentcommercial building:

 

(i) Which is located within the state of Wyoming at which placethe business of a rental vehicle agency, its facilities, and a sign may becarried on or displayed in accordance with the terms of all applicable buildingcodes, zoning, and other land-use regulatory ordinances prescribed by themunicipality or county in which it is located;

 

(ii) Which is not primarily used or attached directly to aresidence and which is sufficiently identified with an exterior signpermanently affixed to the building or land with letters clearly visible fromthe highway facing the site to indicate the nature of the business;

 

(iii) Which maintains a permanent, published telephone number;

 

(iv) At which building the public may contact the rental vehicleagency or employees thereof at all reasonable times; and

 

(v) At which shall be kept and maintained, physically or electronically,the books, records and files as required by W.S. 31-19-106(c) as necessary toconduct the business.

 

31-19-104. Registration of rental vehicles.

 

(a) All rental vehicles shall be registered pursuant to chapter2, article 2 of this title, subject to the exemption provisions set forth inW.S. 31-2-201(d)(xi) and (xii).

 

(b) U-drive-it vehicles may be registered under theinternational registration plan pursuant to W.S. 31-18-201 through 31-18-209.

 

(c) A rental vehicle transaction occurs in the jurisdiction inwhich the rental vehicle first comes into the possession of the user. Thereafter, all rental vehicles rented by the owner and displaying validregistration in any jurisdiction may operate in Wyoming on an interstate andintrastate basis.

 

31-19-105. Surcharge fees; penalty and interest.

 

(a) Rental companies engaged in the business of renting rentalvehicles for periods of thirty-one (31) days or less shall collect, at the timethe vehicle is rented in Wyoming, a four percent (4%) surcharge on each rentalvehicle contract. For purposes of this chapter, a vehicle is rented in Wyomingif possession is obtained by the renter in Wyoming. The surcharge shall becomputed on the total dollar amount stated in the rental contract, except thattaxes imposed by chapters 15 and 16 of title 39 shall not be used in computingthe surcharge. The surcharge paid under this section shall not be subject tothe taxes imposed by chapters 15 and 16 of title 39.

 

(b) The surcharge shall be noted in the rental contract andcollected in accordance with the terms of the contract. Except as provided insubsection (c) of this section, the surcharge shall be retained by the rentalvehicle agency as reimbursement for any registration fees paid under W.S. 31-3-101.

 

(c) Every rental vehicle agency which collects surchargespursuant to this section shall file a report with the department on asemiannual basis stating the total amount of registration fees paid in Wyomingon its rental vehicle fleet for the report period, the total amount of rentalrevenues earned on rentals in Wyoming for the report period and the amount bywhich the total amount of surcharges collected for the report period exceedsthe total amount of Wyoming registration fees paid on the rental vehicle fleetfor the reporting period. The surcharge report for the report period of Januarythrough June shall be filed no later than July 31, and the surcharge report forthe report period of July through December shall be filed no later than January31 of the following calendar year.

 

(d) Every rental vehicle agency shall include a detailed reportof all Wyoming registrations purchased for their rental vehicle fleet whichshall include the make, model, year, vehicle identification number, name towhich registration was issued, registration number and Wyoming registrationfees paid. With each surcharge report, u-drive-it rental vehicle agencies withapportioned registration in another state shall file a detailed report statingthe international registration plan account number and dollar amount ofregistration fees paid to the state of Wyoming.

 

(e) All surcharge revenues collected during the precedingcalendar year in excess of the total amount of Wyoming registration fees paidon the rental vehicle fleet shall be remitted to the department with the Julythrough December surcharge report, no later than January 31 of the followingcalendar year, for distribution in accordance with W.S. 31-3-103. For a periodof three (3) years after filing the report required under this section:

 

(i) The rental vehicle agency shall retain copies of all rentalcontracts;

 

(ii) The department may require rental vehicle agencies tofurnish copies of rental contracts for purposes of ensuring compliance withthis section; and

 

(iii) The rental vehicle agency shall provide other informationas required by the department for enforcement of this chapter.

 

(f) If any person fails or refuses to file a four percent (4%)surcharge remittal report or remit the required surcharge fees, a penalty often percent (10%) of the surcharge fees due or ten dollars ($10.00) for eachmonth delinquent up to a maximum penalty of one hundred percent (100%) of thesurcharge fees due or one hundred dollars ($100.00), whichever is greater,shall be added to the amount due for the delinquent reporting period. Thedepartment shall notify the delinquent rental vehicle agency of the totalamount due by providing written notice to the agency's established place ofbusiness, as shown on the records of the department, either by hand delivery orby United States mail. The rental vehicle agency shall have thirty (30) daysfrom receipt of the notice to submit any delinquent four percent (4%) surchargeremittal report and remit any surcharge fees, interest and penalties due. Ifthe delinquent rental vehicle agency proves to the department that thedelinquency was due to a reasonable cause, the department shall waive thepenalty provided in this subsection.

 

(g) All delinquent surcharge fees shall be subject to a onepercent (1%) per month interest charge which shall be disclosed to the rentalvehicle agency in the written notice required by subsection (f) of thissection.

 

(h) The department may require bonds under this chapter asfollows:

 

(i) A bond equal to the greater of the sum of twenty-fivethousand dollars ($25,000.00) or one hundred fifty percent (150%) of the dollaramount in which the agency is delinquent in submitting surcharges, whichever isgreater, when a rental vehicle agency:

 

(A) Operates without a valid rental vehicle agency certificate;

 

(B) Is delinquent in filing any four percent (4%) surchargeremittal report;

 

(C) Is delinquent in remitting any surcharge fees;

 

(D) Applies for reissuance of a rental agency certificate afterthe rental agency certificate has been revoked; or

 

(E) Applies for a new or renewal rental agency certificateafter violating any provision of this chapter.

 

(ii) The bond shall be executed with a corporate surety dulylicensed to do business in this state. In lieu of a corporate surety bond, thedepartment may accept a cash bond made payable to the department. Any interestearned on a cash bond shall accrue to the rental vehicle agency. The bondshall comply with all of the following requirements:

 

(A) Be approved as to form by the Wyoming attorney general;

 

(B) Be made payable to the department;

 

(C) Guarantee payment of delinquent surcharge fees due underthis article and the return of the rental vehicle agency certificates issuedunder this article.

 

(iii) The department shall require a bond from any rental vehicleagency whose certificate has been revoked or who violates any provision of thischapter, as a condition of future licensing. The department may waive any bondrequirement imposed when a rental vehicle agency complies with all requirementsof this chapter for three (3) consecutive years;

 

(iv) Failure to post a bond required by the department underthis section shall result in the denial of a rental vehicle agency certificate.

 

(j) Any person failing to remit the four percent (4%) surchargefee required by this section is liable for double the amount due, plusinterest, penalties and attorney's fees. Upon application made by the stateand without requiring a bond, an injunction may be issued against thedefendants enjoining and restraining them from renting or offering for rent anyrental vehicles in the state until all amounts due are paid. Upon applicationmade by the state, a receiver of the property and business of the defendant maybe appointed to impound the same as security for all amounts due.

 

31-19-106. Unlawful acts.

 

(a) No rental vehicle agency, employee thereof, or other personrequired to be licensed under this chapter shall:

 

(i) Rent or offer to rent rental vehicles unless the personholds a valid rental vehicle agency certificate;

 

(ii) Engage in the business for which a rental vehicle agencycertificate is issued without maintaining an established place of business asrequired by this chapter;

 

(iii) Violate this chapter or any of the rules and regulationspromulgated under it;

 

(iv) Knowingly purchase, sell, acquire, rent, offer to rent ordispose of a stolen vehicle;

 

(v) Knowingly rent or offer to rent a vehicle which has analtered or removed vehicle identification number or alter or remove a vehicleidentification number;

 

(vi) Violate any law of this state respecting commerce invehicles or any related state agency rule or regulation;

 

(vii) Violate any provision of the federal motor vehicle safetystandards;

 

(viii) Knowingly publish or circulate any misleading or inaccurateadvertisement which misrepresents any of the products or services offered by arental vehicle agency or use any false or misleading advertisement in theconduct of its business;

 

(ix) Make a false report to the department with the intent tomisrepresent the amount of registration fees paid on rental vehicles or theamount of surcharge fees collected.

 

(b) Any statement, threats, promises, acts, contracts or offersof contracts which lessen or eliminate competition or tend to create a monopolyare unfair trade practices, unfair methods of competition and are prohibited.

 

(c) No rental vehicle agency or employee thereof shall attemptto nullify any of the provisions of this chapter, whether by writteninstrument, agreement, release or waiver. Any such attempt, agreement, writteninstrument, release or waiver is null and void.

 

31-19-107. Enforcement.

 

(a) Any person who knowingly or intentionally violates anyprovision of this chapter or who knowingly or intentionally procures, aids, orabets any person in violation or noncompliance, is guilty of a misdemeanor andupon conviction is subject to a fine of not more than seven hundred fiftydollars ($750.00), imprisonment for not more than six (6) months, or both. Each rental vehicle transaction occurring while in violation of the provisionsof this chapter constitutes a separate offense. In addition, the departmentmay revoke any rental agency certificate for violation of this chapter and denyissuance of any subsequent rental vehicle agency certificate for a period notto exceed ten (10) years.

 

(b) The highway patrol division, any other enforcement officersdesignated by the department, and any peace officer of any county or municipality,are charged with the duty of policing and enforcing the provisions of thischapter. All such persons shall have the authority to issue citations forviolations of any of the provisions of this chapter.

 

(c) The department may promulgate rules and regulationsnecessary to implement the provisions of this chapter and shall provide theforms necessary to meet the filing requirements of this chapter.

 

State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter19

CHAPTER 19 - RENTAL VEHICLE AGENCIES

 

ARTICLE 1 - RENTAL AGENCY CERTIFICATE; REGISTRATION;SURCHARGE; FEES; ENFORCEMENT

 

31-19-101. Definitions.

 

(a) Except as otherwise provided, as used in this chapter:

 

(i) "Rental vehicle" means as defined in W.S.31-1-101(a)(xx) and includes u-drive-it rental vehicles;

 

(ii) "Rental vehicle agency" means any person whorents or offers for rental any vehicle, including a u-drive-it vehicle, withouta driver for a period of thirty-one (31) days or less;

 

(iii) "Rental vehicle fleet" means one (1) or morerental vehicles rented or offered for rental in Wyoming without a driver for aperiod of thirty-one (31) days or less and includes both rental vehicles andu-drive-it vehicles;

 

(iv) "U-drive-it vehicle" means as defined in W.S.31-1-101(a)(xxviii).

 

31-19-102. Required application; rental agency certificate.

 

Before commencing business and annuallythereafter, any person who engages in the business of renting rental vehiclesin Wyoming shall apply to the department for a certificate or a renewal of acertificate to operate as a rental vehicle agency. A certificate or renewalcertificate is valid for one (1) year. Applications shall be accompanied by afee of one hundred dollars ($100.00) and contain information with respect tothe applicant's name and established place of business address. The applicantshall list the physical address of each location in Wyoming where vehicles willbe rented or offered for rental without a driver. A rental vehicle agencycertificate including certificate number will be printed for each location withthe physical address of that location indicated and shall be conspicuouslydisplayed within the place of business for that location. Failure of thecertificate holder to comply with any applicable rules and regulations or anyprovisions of this chapter shall result in cancellation of the certificate andsubject the certificate holder to other penalties as provided by law.

 

31-19-103. Established place of business.

 

(a) The department shall not issue a rental agency certificateto any applicant without an established place of business. If a rental vehicleagency changes the location of its established place of business, the rentalvehicle agency shall immediately notify the department. A new rental vehicleagency certificate shall be granted if the new location meets all therequirements of an established place of business. If a rental vehicle agencyceases to have an established place of business, the rental vehicle agencyshall immediately surrender its rental vehicle agency certificate to thedepartment until the rental vehicle agency obtains an established place ofbusiness. The rental vehicle agency certificate shall be reissued withoutcharge if a place of business is established. Nothing in this act shall beconstrued to prevent a rental vehicle agency from conducting its business atone (1) or more licensed supplemental lots or locations not contiguous butoperated and maintained in conjunction with the rental vehicle agency's placeof business.

 

(b) The established place of business shall be a permanentcommercial building:

 

(i) Which is located within the state of Wyoming at which placethe business of a rental vehicle agency, its facilities, and a sign may becarried on or displayed in accordance with the terms of all applicable buildingcodes, zoning, and other land-use regulatory ordinances prescribed by themunicipality or county in which it is located;

 

(ii) Which is not primarily used or attached directly to aresidence and which is sufficiently identified with an exterior signpermanently affixed to the building or land with letters clearly visible fromthe highway facing the site to indicate the nature of the business;

 

(iii) Which maintains a permanent, published telephone number;

 

(iv) At which building the public may contact the rental vehicleagency or employees thereof at all reasonable times; and

 

(v) At which shall be kept and maintained, physically or electronically,the books, records and files as required by W.S. 31-19-106(c) as necessary toconduct the business.

 

31-19-104. Registration of rental vehicles.

 

(a) All rental vehicles shall be registered pursuant to chapter2, article 2 of this title, subject to the exemption provisions set forth inW.S. 31-2-201(d)(xi) and (xii).

 

(b) U-drive-it vehicles may be registered under theinternational registration plan pursuant to W.S. 31-18-201 through 31-18-209.

 

(c) A rental vehicle transaction occurs in the jurisdiction inwhich the rental vehicle first comes into the possession of the user. Thereafter, all rental vehicles rented by the owner and displaying validregistration in any jurisdiction may operate in Wyoming on an interstate andintrastate basis.

 

31-19-105. Surcharge fees; penalty and interest.

 

(a) Rental companies engaged in the business of renting rentalvehicles for periods of thirty-one (31) days or less shall collect, at the timethe vehicle is rented in Wyoming, a four percent (4%) surcharge on each rentalvehicle contract. For purposes of this chapter, a vehicle is rented in Wyomingif possession is obtained by the renter in Wyoming. The surcharge shall becomputed on the total dollar amount stated in the rental contract, except thattaxes imposed by chapters 15 and 16 of title 39 shall not be used in computingthe surcharge. The surcharge paid under this section shall not be subject tothe taxes imposed by chapters 15 and 16 of title 39.

 

(b) The surcharge shall be noted in the rental contract andcollected in accordance with the terms of the contract. Except as provided insubsection (c) of this section, the surcharge shall be retained by the rentalvehicle agency as reimbursement for any registration fees paid under W.S. 31-3-101.

 

(c) Every rental vehicle agency which collects surchargespursuant to this section shall file a report with the department on asemiannual basis stating the total amount of registration fees paid in Wyomingon its rental vehicle fleet for the report period, the total amount of rentalrevenues earned on rentals in Wyoming for the report period and the amount bywhich the total amount of surcharges collected for the report period exceedsthe total amount of Wyoming registration fees paid on the rental vehicle fleetfor the reporting period. The surcharge report for the report period of Januarythrough June shall be filed no later than July 31, and the surcharge report forthe report period of July through December shall be filed no later than January31 of the following calendar year.

 

(d) Every rental vehicle agency shall include a detailed reportof all Wyoming registrations purchased for their rental vehicle fleet whichshall include the make, model, year, vehicle identification number, name towhich registration was issued, registration number and Wyoming registrationfees paid. With each surcharge report, u-drive-it rental vehicle agencies withapportioned registration in another state shall file a detailed report statingthe international registration plan account number and dollar amount ofregistration fees paid to the state of Wyoming.

 

(e) All surcharge revenues collected during the precedingcalendar year in excess of the total amount of Wyoming registration fees paidon the rental vehicle fleet shall be remitted to the department with the Julythrough December surcharge report, no later than January 31 of the followingcalendar year, for distribution in accordance with W.S. 31-3-103. For a periodof three (3) years after filing the report required under this section:

 

(i) The rental vehicle agency shall retain copies of all rentalcontracts;

 

(ii) The department may require rental vehicle agencies tofurnish copies of rental contracts for purposes of ensuring compliance withthis section; and

 

(iii) The rental vehicle agency shall provide other informationas required by the department for enforcement of this chapter.

 

(f) If any person fails or refuses to file a four percent (4%)surcharge remittal report or remit the required surcharge fees, a penalty often percent (10%) of the surcharge fees due or ten dollars ($10.00) for eachmonth delinquent up to a maximum penalty of one hundred percent (100%) of thesurcharge fees due or one hundred dollars ($100.00), whichever is greater,shall be added to the amount due for the delinquent reporting period. Thedepartment shall notify the delinquent rental vehicle agency of the totalamount due by providing written notice to the agency's established place ofbusiness, as shown on the records of the department, either by hand delivery orby United States mail. The rental vehicle agency shall have thirty (30) daysfrom receipt of the notice to submit any delinquent four percent (4%) surchargeremittal report and remit any surcharge fees, interest and penalties due. Ifthe delinquent rental vehicle agency proves to the department that thedelinquency was due to a reasonable cause, the department shall waive thepenalty provided in this subsection.

 

(g) All delinquent surcharge fees shall be subject to a onepercent (1%) per month interest charge which shall be disclosed to the rentalvehicle agency in the written notice required by subsection (f) of thissection.

 

(h) The department may require bonds under this chapter asfollows:

 

(i) A bond equal to the greater of the sum of twenty-fivethousand dollars ($25,000.00) or one hundred fifty percent (150%) of the dollaramount in which the agency is delinquent in submitting surcharges, whichever isgreater, when a rental vehicle agency:

 

(A) Operates without a valid rental vehicle agency certificate;

 

(B) Is delinquent in filing any four percent (4%) surchargeremittal report;

 

(C) Is delinquent in remitting any surcharge fees;

 

(D) Applies for reissuance of a rental agency certificate afterthe rental agency certificate has been revoked; or

 

(E) Applies for a new or renewal rental agency certificateafter violating any provision of this chapter.

 

(ii) The bond shall be executed with a corporate surety dulylicensed to do business in this state. In lieu of a corporate surety bond, thedepartment may accept a cash bond made payable to the department. Any interestearned on a cash bond shall accrue to the rental vehicle agency. The bondshall comply with all of the following requirements:

 

(A) Be approved as to form by the Wyoming attorney general;

 

(B) Be made payable to the department;

 

(C) Guarantee payment of delinquent surcharge fees due underthis article and the return of the rental vehicle agency certificates issuedunder this article.

 

(iii) The department shall require a bond from any rental vehicleagency whose certificate has been revoked or who violates any provision of thischapter, as a condition of future licensing. The department may waive any bondrequirement imposed when a rental vehicle agency complies with all requirementsof this chapter for three (3) consecutive years;

 

(iv) Failure to post a bond required by the department underthis section shall result in the denial of a rental vehicle agency certificate.

 

(j) Any person failing to remit the four percent (4%) surchargefee required by this section is liable for double the amount due, plusinterest, penalties and attorney's fees. Upon application made by the stateand without requiring a bond, an injunction may be issued against thedefendants enjoining and restraining them from renting or offering for rent anyrental vehicles in the state until all amounts due are paid. Upon applicationmade by the state, a receiver of the property and business of the defendant maybe appointed to impound the same as security for all amounts due.

 

31-19-106. Unlawful acts.

 

(a) No rental vehicle agency, employee thereof, or other personrequired to be licensed under this chapter shall:

 

(i) Rent or offer to rent rental vehicles unless the personholds a valid rental vehicle agency certificate;

 

(ii) Engage in the business for which a rental vehicle agencycertificate is issued without maintaining an established place of business asrequired by this chapter;

 

(iii) Violate this chapter or any of the rules and regulationspromulgated under it;

 

(iv) Knowingly purchase, sell, acquire, rent, offer to rent ordispose of a stolen vehicle;

 

(v) Knowingly rent or offer to rent a vehicle which has analtered or removed vehicle identification number or alter or remove a vehicleidentification number;

 

(vi) Violate any law of this state respecting commerce invehicles or any related state agency rule or regulation;

 

(vii) Violate any provision of the federal motor vehicle safetystandards;

 

(viii) Knowingly publish or circulate any misleading or inaccurateadvertisement which misrepresents any of the products or services offered by arental vehicle agency or use any false or misleading advertisement in theconduct of its business;

 

(ix) Make a false report to the department with the intent tomisrepresent the amount of registration fees paid on rental vehicles or theamount of surcharge fees collected.

 

(b) Any statement, threats, promises, acts, contracts or offersof contracts which lessen or eliminate competition or tend to create a monopolyare unfair trade practices, unfair methods of competition and are prohibited.

 

(c) No rental vehicle agency or employee thereof shall attemptto nullify any of the provisions of this chapter, whether by writteninstrument, agreement, release or waiver. Any such attempt, agreement, writteninstrument, release or waiver is null and void.

 

31-19-107. Enforcement.

 

(a) Any person who knowingly or intentionally violates anyprovision of this chapter or who knowingly or intentionally procures, aids, orabets any person in violation or noncompliance, is guilty of a misdemeanor andupon conviction is subject to a fine of not more than seven hundred fiftydollars ($750.00), imprisonment for not more than six (6) months, or both. Each rental vehicle transaction occurring while in violation of the provisionsof this chapter constitutes a separate offense. In addition, the departmentmay revoke any rental agency certificate for violation of this chapter and denyissuance of any subsequent rental vehicle agency certificate for a period notto exceed ten (10) years.

 

(b) The highway patrol division, any other enforcement officersdesignated by the department, and any peace officer of any county or municipality,are charged with the duty of policing and enforcing the provisions of thischapter. All such persons shall have the authority to issue citations forviolations of any of the provisions of this chapter.

 

(c) The department may promulgate rules and regulationsnecessary to implement the provisions of this chapter and shall provide theforms necessary to meet the filing requirements of this chapter.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter19

CHAPTER 19 - RENTAL VEHICLE AGENCIES

 

ARTICLE 1 - RENTAL AGENCY CERTIFICATE; REGISTRATION;SURCHARGE; FEES; ENFORCEMENT

 

31-19-101. Definitions.

 

(a) Except as otherwise provided, as used in this chapter:

 

(i) "Rental vehicle" means as defined in W.S.31-1-101(a)(xx) and includes u-drive-it rental vehicles;

 

(ii) "Rental vehicle agency" means any person whorents or offers for rental any vehicle, including a u-drive-it vehicle, withouta driver for a period of thirty-one (31) days or less;

 

(iii) "Rental vehicle fleet" means one (1) or morerental vehicles rented or offered for rental in Wyoming without a driver for aperiod of thirty-one (31) days or less and includes both rental vehicles andu-drive-it vehicles;

 

(iv) "U-drive-it vehicle" means as defined in W.S.31-1-101(a)(xxviii).

 

31-19-102. Required application; rental agency certificate.

 

Before commencing business and annuallythereafter, any person who engages in the business of renting rental vehiclesin Wyoming shall apply to the department for a certificate or a renewal of acertificate to operate as a rental vehicle agency. A certificate or renewalcertificate is valid for one (1) year. Applications shall be accompanied by afee of one hundred dollars ($100.00) and contain information with respect tothe applicant's name and established place of business address. The applicantshall list the physical address of each location in Wyoming where vehicles willbe rented or offered for rental without a driver. A rental vehicle agencycertificate including certificate number will be printed for each location withthe physical address of that location indicated and shall be conspicuouslydisplayed within the place of business for that location. Failure of thecertificate holder to comply with any applicable rules and regulations or anyprovisions of this chapter shall result in cancellation of the certificate andsubject the certificate holder to other penalties as provided by law.

 

31-19-103. Established place of business.

 

(a) The department shall not issue a rental agency certificateto any applicant without an established place of business. If a rental vehicleagency changes the location of its established place of business, the rentalvehicle agency shall immediately notify the department. A new rental vehicleagency certificate shall be granted if the new location meets all therequirements of an established place of business. If a rental vehicle agencyceases to have an established place of business, the rental vehicle agencyshall immediately surrender its rental vehicle agency certificate to thedepartment until the rental vehicle agency obtains an established place ofbusiness. The rental vehicle agency certificate shall be reissued withoutcharge if a place of business is established. Nothing in this act shall beconstrued to prevent a rental vehicle agency from conducting its business atone (1) or more licensed supplemental lots or locations not contiguous butoperated and maintained in conjunction with the rental vehicle agency's placeof business.

 

(b) The established place of business shall be a permanentcommercial building:

 

(i) Which is located within the state of Wyoming at which placethe business of a rental vehicle agency, its facilities, and a sign may becarried on or displayed in accordance with the terms of all applicable buildingcodes, zoning, and other land-use regulatory ordinances prescribed by themunicipality or county in which it is located;

 

(ii) Which is not primarily used or attached directly to aresidence and which is sufficiently identified with an exterior signpermanently affixed to the building or land with letters clearly visible fromthe highway facing the site to indicate the nature of the business;

 

(iii) Which maintains a permanent, published telephone number;

 

(iv) At which building the public may contact the rental vehicleagency or employees thereof at all reasonable times; and

 

(v) At which shall be kept and maintained, physically or electronically,the books, records and files as required by W.S. 31-19-106(c) as necessary toconduct the business.

 

31-19-104. Registration of rental vehicles.

 

(a) All rental vehicles shall be registered pursuant to chapter2, article 2 of this title, subject to the exemption provisions set forth inW.S. 31-2-201(d)(xi) and (xii).

 

(b) U-drive-it vehicles may be registered under theinternational registration plan pursuant to W.S. 31-18-201 through 31-18-209.

 

(c) A rental vehicle transaction occurs in the jurisdiction inwhich the rental vehicle first comes into the possession of the user. Thereafter, all rental vehicles rented by the owner and displaying validregistration in any jurisdiction may operate in Wyoming on an interstate andintrastate basis.

 

31-19-105. Surcharge fees; penalty and interest.

 

(a) Rental companies engaged in the business of renting rentalvehicles for periods of thirty-one (31) days or less shall collect, at the timethe vehicle is rented in Wyoming, a four percent (4%) surcharge on each rentalvehicle contract. For purposes of this chapter, a vehicle is rented in Wyomingif possession is obtained by the renter in Wyoming. The surcharge shall becomputed on the total dollar amount stated in the rental contract, except thattaxes imposed by chapters 15 and 16 of title 39 shall not be used in computingthe surcharge. The surcharge paid under this section shall not be subject tothe taxes imposed by chapters 15 and 16 of title 39.

 

(b) The surcharge shall be noted in the rental contract andcollected in accordance with the terms of the contract. Except as provided insubsection (c) of this section, the surcharge shall be retained by the rentalvehicle agency as reimbursement for any registration fees paid under W.S. 31-3-101.

 

(c) Every rental vehicle agency which collects surchargespursuant to this section shall file a report with the department on asemiannual basis stating the total amount of registration fees paid in Wyomingon its rental vehicle fleet for the report period, the total amount of rentalrevenues earned on rentals in Wyoming for the report period and the amount bywhich the total amount of surcharges collected for the report period exceedsthe total amount of Wyoming registration fees paid on the rental vehicle fleetfor the reporting period. The surcharge report for the report period of Januarythrough June shall be filed no later than July 31, and the surcharge report forthe report period of July through December shall be filed no later than January31 of the following calendar year.

 

(d) Every rental vehicle agency shall include a detailed reportof all Wyoming registrations purchased for their rental vehicle fleet whichshall include the make, model, year, vehicle identification number, name towhich registration was issued, registration number and Wyoming registrationfees paid. With each surcharge report, u-drive-it rental vehicle agencies withapportioned registration in another state shall file a detailed report statingthe international registration plan account number and dollar amount ofregistration fees paid to the state of Wyoming.

 

(e) All surcharge revenues collected during the precedingcalendar year in excess of the total amount of Wyoming registration fees paidon the rental vehicle fleet shall be remitted to the department with the Julythrough December surcharge report, no later than January 31 of the followingcalendar year, for distribution in accordance with W.S. 31-3-103. For a periodof three (3) years after filing the report required under this section:

 

(i) The rental vehicle agency shall retain copies of all rentalcontracts;

 

(ii) The department may require rental vehicle agencies tofurnish copies of rental contracts for purposes of ensuring compliance withthis section; and

 

(iii) The rental vehicle agency shall provide other informationas required by the department for enforcement of this chapter.

 

(f) If any person fails or refuses to file a four percent (4%)surcharge remittal report or remit the required surcharge fees, a penalty often percent (10%) of the surcharge fees due or ten dollars ($10.00) for eachmonth delinquent up to a maximum penalty of one hundred percent (100%) of thesurcharge fees due or one hundred dollars ($100.00), whichever is greater,shall be added to the amount due for the delinquent reporting period. Thedepartment shall notify the delinquent rental vehicle agency of the totalamount due by providing written notice to the agency's established place ofbusiness, as shown on the records of the department, either by hand delivery orby United States mail. The rental vehicle agency shall have thirty (30) daysfrom receipt of the notice to submit any delinquent four percent (4%) surchargeremittal report and remit any surcharge fees, interest and penalties due. Ifthe delinquent rental vehicle agency proves to the department that thedelinquency was due to a reasonable cause, the department shall waive thepenalty provided in this subsection.

 

(g) All delinquent surcharge fees shall be subject to a onepercent (1%) per month interest charge which shall be disclosed to the rentalvehicle agency in the written notice required by subsection (f) of thissection.

 

(h) The department may require bonds under this chapter asfollows:

 

(i) A bond equal to the greater of the sum of twenty-fivethousand dollars ($25,000.00) or one hundred fifty percent (150%) of the dollaramount in which the agency is delinquent in submitting surcharges, whichever isgreater, when a rental vehicle agency:

 

(A) Operates without a valid rental vehicle agency certificate;

 

(B) Is delinquent in filing any four percent (4%) surchargeremittal report;

 

(C) Is delinquent in remitting any surcharge fees;

 

(D) Applies for reissuance of a rental agency certificate afterthe rental agency certificate has been revoked; or

 

(E) Applies for a new or renewal rental agency certificateafter violating any provision of this chapter.

 

(ii) The bond shall be executed with a corporate surety dulylicensed to do business in this state. In lieu of a corporate surety bond, thedepartment may accept a cash bond made payable to the department. Any interestearned on a cash bond shall accrue to the rental vehicle agency. The bondshall comply with all of the following requirements:

 

(A) Be approved as to form by the Wyoming attorney general;

 

(B) Be made payable to the department;

 

(C) Guarantee payment of delinquent surcharge fees due underthis article and the return of the rental vehicle agency certificates issuedunder this article.

 

(iii) The department shall require a bond from any rental vehicleagency whose certificate has been revoked or who violates any provision of thischapter, as a condition of future licensing. The department may waive any bondrequirement imposed when a rental vehicle agency complies with all requirementsof this chapter for three (3) consecutive years;

 

(iv) Failure to post a bond required by the department underthis section shall result in the denial of a rental vehicle agency certificate.

 

(j) Any person failing to remit the four percent (4%) surchargefee required by this section is liable for double the amount due, plusinterest, penalties and attorney's fees. Upon application made by the stateand without requiring a bond, an injunction may be issued against thedefendants enjoining and restraining them from renting or offering for rent anyrental vehicles in the state until all amounts due are paid. Upon applicationmade by the state, a receiver of the property and business of the defendant maybe appointed to impound the same as security for all amounts due.

 

31-19-106. Unlawful acts.

 

(a) No rental vehicle agency, employee thereof, or other personrequired to be licensed under this chapter shall:

 

(i) Rent or offer to rent rental vehicles unless the personholds a valid rental vehicle agency certificate;

 

(ii) Engage in the business for which a rental vehicle agencycertificate is issued without maintaining an established place of business asrequired by this chapter;

 

(iii) Violate this chapter or any of the rules and regulationspromulgated under it;

 

(iv) Knowingly purchase, sell, acquire, rent, offer to rent ordispose of a stolen vehicle;

 

(v) Knowingly rent or offer to rent a vehicle which has analtered or removed vehicle identification number or alter or remove a vehicleidentification number;

 

(vi) Violate any law of this state respecting commerce invehicles or any related state agency rule or regulation;

 

(vii) Violate any provision of the federal motor vehicle safetystandards;

 

(viii) Knowingly publish or circulate any misleading or inaccurateadvertisement which misrepresents any of the products or services offered by arental vehicle agency or use any false or misleading advertisement in theconduct of its business;

 

(ix) Make a false report to the department with the intent tomisrepresent the amount of registration fees paid on rental vehicles or theamount of surcharge fees collected.

 

(b) Any statement, threats, promises, acts, contracts or offersof contracts which lessen or eliminate competition or tend to create a monopolyare unfair trade practices, unfair methods of competition and are prohibited.

 

(c) No rental vehicle agency or employee thereof shall attemptto nullify any of the provisions of this chapter, whether by writteninstrument, agreement, release or waiver. Any such attempt, agreement, writteninstrument, release or waiver is null and void.

 

31-19-107. Enforcement.

 

(a) Any person who knowingly or intentionally violates anyprovision of this chapter or who knowingly or intentionally procures, aids, orabets any person in violation or noncompliance, is guilty of a misdemeanor andupon conviction is subject to a fine of not more than seven hundred fiftydollars ($750.00), imprisonment for not more than six (6) months, or both. Each rental vehicle transaction occurring while in violation of the provisionsof this chapter constitutes a separate offense. In addition, the departmentmay revoke any rental agency certificate for violation of this chapter and denyissuance of any subsequent rental vehicle agency certificate for a period notto exceed ten (10) years.

 

(b) The highway patrol division, any other enforcement officersdesignated by the department, and any peace officer of any county or municipality,are charged with the duty of policing and enforcing the provisions of thischapter. All such persons shall have the authority to issue citations forviolations of any of the provisions of this chapter.

 

(c) The department may promulgate rules and regulationsnecessary to implement the provisions of this chapter and shall provide theforms necessary to meet the filing requirements of this chapter.

 

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