State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter2

CHAPTER 2 - TITLE AND REGISTRATION

 

ARTICLE 1 - CERTIFICATES OF TITLE

 

31-2-101. Required application.

 

 

(a) Except as provided by W.S. 31-2-102 and pursuant to W.S.31-1-101(a)(xxi)(A) through (G), every owner of a vehicle for which no Wyomingcertificate of title has been issued to the owner or the transferee upontransfer of ownership of a vehicle for which a Wyoming certificate of title isrequired, shall apply for a certificate of title at the office of a countyclerk, or if available, electronically, within the same time periods asrequired by W.S. 31-2-201(a)(ii) and (iii).

 

(b) Every owner or transferee upon transfer of ownership of anyvehicle that has an identifying number pursuant to W.S. 31-1-101(a)(ix),including off-road recreational or multipurpose vehicles and, for the purposeof titling under this section, including snowmobiles and watercraft, shallapply for a certificate of title at the office of a county clerk.

 

31-2-102. Exemptions.

 

(a) No certificate of title shall be issued for:

 

(i) Vehicles owned by the United States;

 

(ii) Implements of husbandry, except multipurpose vehicles thatqualify as implements of husbandry;

 

(iii) Vehicles of nonresident owners titled in another state;

 

(iv) Repealed by Laws 2009, Ch. 16, 4.

 

(v) Repealed by Laws 1993, ch. 16, 2.

 

(vi) Repealed by Laws 2009, Ch. 16, 4.

 

31-2-103. Contents of application; signature; vehicle identificationnumber; issuance of certificate.

 

(a) Applications for paper certificates of title or electroniccertificates of title, if available, shall be under oath and contain or beaccompanied by:

 

(i) The name and address of the owner and the person to whomthe certificate of title is to be delivered;

 

(ii) A description of the vehicle including make, vehicleidentification number, type of body and motive power;

 

(iii) If a new vehicle purchased from a properly licensed dealerin any other state or a properly licensed Wyoming new vehicle dealer, asdefined by W.S. 31-16-101(a)(xviii)(A):

 

(A) The manufacturer's certificate of origin indicating thedate of sale to and the name of the first person receiving it from themanufacturer and a certification the vehicle was new when sold by themanufacturer, however, no person shall transfer ownership of a vehicle from amanufacturer's statement of origin or a manufacturer's certificate of originunless the person is the manufacturer of the vehicle or a properly licenseddealer for that state and who holds a valid sales and service agreement fromthe manufacturer of the vehicle;

 

(B) Certification by the properly licensed dealer that thevehicle was new when sold to the applicant; and

 

(C) A statement from the dealer indicating the manufacturer'ssuggested retail price (MSRP) for the make, model and trim level of the vehiclesold.

 

(iv) Certification of applicant's ownership and any liens orencumbrances upon the vehicle;

 

(v) The current title containing an assignment and warranty oftitle, if applicable, and an affidavit by the seller, either separate orcontained on the current title, which shall contain a reference to the federalregulations stating that failure to complete or providing false information mayresult in fines and imprisonment and may include a department approvedstatement in substantially the following form: "I state that the odometernow reads .... miles (no tenths) and to the best of my knowledge that itreflects the actual mileage of the vehicle described herein unless one (1) ofthe following statements is checked: A. I hereby certify that to the best of myknowledge the odometer reading reflects the amount of mileage is in excess ofits mechanical limits; B. I hereby certify that the odometer reading is NOT theactual mileage. WARNING-ODOMETER DISCREPANCY", to be retained by thecounty clerk upon issuance of a new title. This paragraph shall not apply tovehicles not originally manufactured with an odometer;

 

(vi) In the case of a vehicle registered or titled in a stateother than Wyoming, or any homemade vehicle, rebuilt vehicle, reconstructedvehicle, any vehicle assembled from a kit or any vehicle for which a bond isrequired, a current statement made by a Wyoming law enforcement officer, orlicensed Wyoming dealer only for vehicles in his inventory or possession, thatthe vehicle identification number on the vehicle has been inspected and thatthe inspection occurred in Wyoming and certifying the correct vehicleidentification number displayed on the vehicle. Any licensed Wyoming dealerperforming an inspection of a vehicle identification number under this sectionshall, in addition to the requirements of this act, do so pursuant to W.S.31-11-108. In the case of a vehicle not in Wyoming, the vehicle identificationnumber may be inspected and certified on a form approved by the department ifthe inspection is made by an authorized law enforcement officer of a city,county or state law enforcement agency or a commissioned officer at a federalmilitary installation or any other person authorized to do so by law anddelivered to the county clerk in the county where the application forcertificate of title is made along with payment for the inspection fee requiredunder W.S. 31-3-102(b)(iv);

 

(vii) Factory price, or in lieu thereof, the valuation asprescribed by W.S. 31-3-101(c);

 

(viii) Repealed by Laws 2001, Ch. 72, 3.

 

(ix) Such other information as required by the department orcounty clerk which may include but not be limited to a vehicle bill of sale orsimilar document, any documentation necessary to verify proof of ownershipincluding an affidavit for proof of ownership or any surety bond required bythis act. Any affidavit for proof of ownership shall be prescribed pursuant toW.S. 31-1-201(d) and shall be utilized by each county of this state;

 

(x) A Wyoming certificate of title shall contain an appropriatenotice whenever records readily accessible to the state indicate that the motorvehicle was previously issued a title or registration from any jurisdictionthat bore any word or symbol signifying that the vehicle was"salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood. Any information concerning amotor vehicle's status shall also be conveyed on any subsequent title issuedfor the vehicle by this state, including a duplicate or replacement title.

 

(b) If the application for title is for a vehicle purchasedfrom a properly licensed Wyoming dealer, the application may be signed by thedealer, include a statement of transfer by the dealer and of any lien retainedby the dealer. Only a properly licensed Wyoming dealer may sign a statement oftransfer.

 

(c) If a vehicle to be titled has no vehicle identificationnumber, the applicant shall apply for and obtain a number from the departmentpursuant to W.S. 31-11-105.

 

(d) Upon receipt of an application and payment of fees anycounty clerk shall, if satisfied that the applicant is the owner of the vehiclefor which application for certificate of title is made, issue a papercertificate of title or electronic certificate of title, if available, upon aform or electronic format, approved by and provided at cost to the county clerkby the department in the name of the owner bearing the signature and seal ofthe county clerk's office. The county clerk shall not deliver a certificate oftitle issued under this section until presentation of a receipt for payment ofsales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b). If a lien isfiled with respect to the vehicle, the county clerk shall, within three (3)business days, deliver a copy of the filed lien and a copy of the issued titleto the financial institution and if available, such delivery may be madeelectronically. Each paper certificate of title or electronic version, shallbear a document control number with county designation and certificate of titlenumber. The title shall be completely filled out giving a description of thevehicle including factory price in a manner prescribed by the department,indicate all encumbrances or liens on the vehicle and indicate the date ofissue. Certificates of title shall contain forms for assignment of title orinterest and warranty thereof by the owner with space for notation of liens andencumbrances at the time of transfer on the reverse side and contain space forthe notarization of a sale or transfer of title. Certificates of title arevalid for the vehicle so long as the vehicle is owned or held by the person inwhose name the title was issued. A certificate of title is prima facie proof ofownership of the vehicle for which the certificate was issued.

 

(e) Notwithstanding subsection (d) of this section, a personregularly engaged in the business of making loans or a supervised financialinstitution, as defined in W.S. 40-14-140(a)(xix), that repossesses a motorvehicle on which it has filed a lien shall not be liable for sales or use taxor for any penalties for nonpayment of the sales or use tax pursuant to W.S.39-15-107(b) or 39-16-107(b) prior to obtaining a title from the county clerkfor that vehicle.

 

(f) Notwithstanding subsection (d) of this section, aninsurance company that acquires ownership of a motor vehicle pursuant to adamage settlement shall not be liable for sales or use tax or for any penaltiesfor nonpayment of the sales or use tax pursuant to W.S. 39-15-107(b) or39-16-107(b) prior to obtaining a title from the county clerk for that vehicle.

 

(g) Any Wyoming law enforcement officer who determines from aphysical inspection that the vehicle identification number has been removed,changed, altered or obliterated for any reason, shall proceed pursuant to W.S.31-11-111, unless the vehicle is in the process of obtaining a state assignednumber pursuant to W.S. 31-11-105.

 

31-2-104. Transfer of ownership.

 

(a) Except as otherwise provided in this section, the owner ofa vehicle who sells or transfers his interest in a vehicle for which acertificate of title has been issued shall endorse an assignment and warrantyof title upon the certificate for the vehicle with a statement of all liens andencumbrances thereon, which assignment, warranty and statement shall besubscribed by the owner before a notarial officer and acknowledged thereby inthe manner provided by law, to be dated and delivered to the transferee at thetime of delivering the vehicle. Except as provided in subsection (b) of thissection, the transferee shall present the certificate to a county clerk andapply for a new certificate of title within the same time periods as requiredby W.S. 31-2-201(a)(ii).

 

(i) Repealed By Laws 2003, Ch. 33, 2.

 

(ii) Repealed By Laws 2003, Ch. 33, 2.

 

(iii) Repealed By Laws 2003, Ch. 33, 2.

 

(b) If the transferee is a licensed dealer who holds thevehicle for resale, procures the certificate of title from the transferor andoperates the vehicle only for demonstration purposes under dealer licenseplates, the dealer is not required to obtain a new certificate of title but maytransfer the vehicle by an assignment and warranty of title upon thecertificate of title or department approved statement of transfer form anddeliver the certificate to a subsequent transferee.

 

(c) In the event of a transfer by operation of law of anyinterest in a vehicle as upon an order in bankruptcy or insolvency, executionsale, repossession upon default in the performance of the terms of a lease orsales contract or otherwise than by voluntary act of the person whose title orinterest is transferred, the administrator, receiver, trustee, sheriff,creditor or other representative or successor in interest of the person whoseinterest is transferred shall forward to the county clerk an application for acertificate of title together with a verified or certified statement of thetransfer of interest. The statement shall set forth the reason for theinvoluntary transfer, the interest transferred, the name of the transferee, theprocess or procedure effecting the transfer and other information requested bythe county clerk. Evidence and instruments otherwise required by law to effecta transfer of legal or equitable title to or an interest in a vehicle in suchcases shall be furnished with the statement. If a transfer of title to acreditor is accomplished in accordance with the provisions of this subsection,a creditor retains the right to seek any deficiency balance which may existafter sale, provided the creditor has complied with all applicable law, and thetransfer by itself shall not be considered a strict foreclosure or an electionto retain the collateral in satisfaction of an obligation as provided by W.S.34.1-9-620 and does not affect the debtor's right to redeem the collateralunder W.S. 34.1-9-623. If from the records of the county clerk there appears tobe any lien on the vehicle which was recorded prior to the lien of the creditorapplying for title and which has not been released, the certificate of titleshall contain a statement of the lien. The creditor repossessing and applyingfor title to the vehicle shall notify all persons holding liens on the vehicleby certified mail return receipt requested at least fifteen (15) days prior tofiling the application for title. Any proceeds from the sale, lease or otherdisposition of the vehicle shall be distributed in accordance with theprovisions of W.S. 34.1-9-608.

 

(d) Repealed by Laws 2003, Ch. 33, 2.

 

(e) Repealed by Laws 2001, Ch. 72, 3.

 

(f) Any person knowingly providing false or incompleteinformation on any statement required by this act is guilty of a misdemeanorand upon conviction shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) The requirement under subsection (a) of this section todeliver a certificate of title to a transferee at the time the vehicle isdelivered does not apply to a transferor if:

 

(i) The certificate of title is being held by a bank or otherfinancial institution on the date the vehicle is delivered. The transferorshall then deliver to the transferee a dealer's invoice or a signed, notarizedbill of sale, in substantially the form specified in paragraph (ii) of thissubsection, and the certificate of title shall be delivered to the transfereewithin thirty (30) days from the date of the sale; or

 

(ii) The transferor is an auctioneer of vehicles and transfersthe vehicle in the course of his business as an auctioneer of vehicles orthrough an auctioneer of vehicles. The transferor or auctioneer shall thendeliver the certificate of title to the transferee within thirty (30) days ofthe date of sale and shall deliver to the transferee at the time the vehicle isdelivered a signed, notarized bill of sale in substantially the following form:

 

VEHICLEBILL OF SALE

 

I, (NAME OF TRANSFEROR OR AUCTIONEER), on(date), hereby sell and convey all (my interest the interest of (name ofcurrent owner)) in the following described vehicle: (COLOR, YEAR, MAKE, MODEL,VEHICLE IDENTIFICATION NUMBER) to (NAME OF TRANSFEREE) in exchange for: (salesprice). I hereby state that the certificate of title for the above describedvehicle is held by (NAME OF TRANSFEROR-VEHICLE AUCTIONEER, BANK OR OTHERFINANCIAL INSTITUTION) and that within thirty (30) days, (NAME OF TRANSFEREE)will be provided a properly executed title free of all liens for the vehicleunless otherwise specified in this bill of sale.

 

DATE: _________

 

________________________________________

 

(TRANSFEROR'S ORAUCTIONEER'S SIGNATURE)

 

(BILL OF SALEMUST BE NOTARIZED)

 

(j) If a vehicle is held by two (2) or more persons as jointtenants with right of survivorship clearly stated on the certificate of title,following the death of one (1) of the joint owners a surviving owner may applyto a county clerk for a new certificate of title in the name of the survivoror, if more than one (1) owner survives, jointly in the names of thesurvivors. The application for a new certificate of title shall be accompaniedby a certified copy of the death certificate of the deceased owner. The countyclerk shall issue the new certificate of title as provided in W.S. 31-2-103(d),except that no sales or use tax shall be due when obtaining a certificate oftitle pursuant to this subsection.

 

(k) Notwithstanding the provisions of subsection (j) of thissection, the surviving owner or owners of a vehicle held by joint tenants withthe right of survivorship may transfer ownership without first obtaining atitle in the name of the surviving owner or owners by complying with therequirements of subsection (a) of this section and providing the transfereewith a certified copy of the death certificate of the deceased owner. Anyapplicable sales or use tax shall be paid pursuant to W.S. 39-15-107(b) or39-16-107(b).

 

31-2-105. Duplicate titles; affidavit of vehicle ownership; bond forcertificate of title.

 

(a) Upon loss of a certificate of title, the owner may apply tothe county clerk issuing the original title for a duplicate title. Theapplicant shall file an affidavit describing the loss with the county clerk.Upon payment of fees the county clerk shall issue a duplicate certificate oftitle corresponding to the original certificate and containing the followingnotation prominently displayed in capital letters on the face of thecertificate: "THIS IS A DUPLICATE CERTIFICATE OF TITLE AND MAY BE SUBJECTTO THE RIGHTS OF A PERSON OR PERSONS UNDER THE ORIGINAL CERTIFICATE". Noduplicate certificate shall be issued before the 11th day after the affidavitis filed unless the owner deposits an indemnity bond to the state of Wyomingwith the county clerk as specified in this section.

 

(b) If an applicant for a certificate of title required by thisact is unable to provide the county clerk with a certificate of title thatassigns the prior owner's interest, a notarized bill of sale or other evidenceof ownership that satisfies the county clerk that the applicant owns thevehicle, a certificate of title may be issued only if:

 

(i) The applicant submits an affidavit of vehicle ownership ona form prescribed by the department that shall be signed and sworn before aperson who is authorized to administer oaths and affirmations. The affidavitshall contain:

 

(A) A complete description of the vehicle;

 

(B) A recital of facts and circumstances by which the applicantacquired the ownership and possession of the vehicle including the previousowner's name and address and why the applicant is unable to provide the clerkwith the information required in subsection (b) of this section;

 

(C) A disclosure of any and all security interests, liens orencumbrances that are known to the applicant and that are outstanding againstthe vehicle;

 

(D) A statement that the applicant is the true and lawful ownerof the vehicle and has the right to have a certificate of title issued.

 

(ii) In addition to the affidavit of ownership, the applicantshall furnish the county clerk an indemnity bond as specified by this section.

 

(c) If the vehicle for which the applicant is applying for acertificate of title has a value less than six hundred dollars ($600.00), atitle may be issued without a bond if the applicant presents an affidavit ofvehicle ownership, a notarized bill of sale, a certified, written statement ofthe value from a properly licensed Wyoming vehicle dealer and a vehicleidentification number (VIN) inspection, or any other information the countyclerk may require for proof of ownership, at the time of application.

 

(d) Any bond required by this section shall be executed by asurety duly authorized to carry on business in Wyoming or by individualsureties qualified as provided by W.S. 1-1-104 and 1-1-105. The amount of anybond required under this section shall not be less than double the value of thevehicle determined at the time of the application. If the value of the vehiclecannot be determined from any prior registration or title, the applicant shallprovide the county clerk the value of the vehicle. The value of the vehicleshall be determined by the applicant or the surety from any current nationalappraisal guide, current or past registration if the value is present on anyregistration for the vehicle, or the value may be on certified writtenstatement obtained from a properly licensed Wyoming vehicle dealer. The bondshall be conditioned to indemnify a prior owner, lienholder, subsequentpurchaser, secured creditor or encumbrancer of the vehicle and any respectivesuccessors in interest against expenses, losses or damages, includingreasonable attorney fees, caused by the issuance of the certificate of title orby a defect in or undisclosed security interest upon the right, title andinterest of the applicant in the vehicle.

 

(e) If any person suffers a loss or damage by reason of thefiling or issuance of the certificate of title as provided in this section,such person shall have a right of action to seek relief directly against theapplicant and the surety on the applicant's bond against either of whom theperson damaged may proceed independently of the other, but the aggregateliability of the surety to any or all persons seeking relief shall not exceedthe total amount of the bond.

 

31-2-106. Definitions.

 

(a) As used in W.S. 31-2-106 through 31-2-110:

 

(i) "Flood vehicle" means any motor vehicle that hasbeen submerged in water to the point that rising water has reached over thedoor sill and has entered into the passenger or trunk compartment of thevehicle and the actual dollar amount of the damage would not cause the vehicleto be titled as a salvage vehicle. Disclosure that a motor vehicle has become aflood vehicle shall be made at the time of transfer of ownership and the nextcertificate of title issued after the transfer shall be branded with the word"flood";

 

(ii) "Certificate of title, branded salvage" means amotor vehicle ownership document issued in this state to the owner of a salvagevehicle conspicuously branded with the word "salvage" across thefront of the certificate;

 

(iii) "Rebuilt title" means the certificate of titleissued in this state to the owner of a rebuilt salvage vehicle conspicuouslybranded "rebuilt" across the front of the certificate of title;

 

(iv) "Rebuilt salvage vehicle" means any motor vehiclewhich was previously issued a certificate of title branded "salvage"and has a decal stating "rebuilt salvage vehicle" affixed as requiredby W.S. 31-2-108(d);

 

(v) "Salvage vehicle" means any motor vehicle whichhas been wrecked, destroyed or damaged to the extent that it has been declareda total loss by the insurance company or, in the event an insurance company isnot involved in the settlement of the claim, the total estimated or actual costof parts and labor to rebuild or reconstruct the motor vehicle to itspre-accident condition exceeds seventy-five percent (75%) of the actual retailcash value of the motor vehicle, as set forth in the most current edition ofany nationally recognized automotive appraisal guide or other source approvedby the Wyoming insurance department. The value of repair parts for purposes ofthis paragraph shall be determined by using the current cost of the repairparts to be used in the repair. The labor cost of repairs for purposes of thisparagraph shall be computed by using the hourly labor rate and time allocationsthat are reasonable and customary in the automobile repair industry in thecommunity where the repairs are to be performed.

 

31-2-107. Titles for damaged vehicles; return of certificate of titleand registration for damaged vehicle; replacement title and registration.

 

(a) When a motor vehicle is declared a total loss by theinsurance company or, in the event an insurance company is not involved in thesettlement of the claim, sustains damage in an amount exceeding seventy-fivepercent (75%) of its actual retail cash value, as set forth in any currentedition of a nationally recognized automotive appraisal guide or other sourceapproved by the Wyoming insurance department, the owner or insurance company,if it obtains ownership of the vehicle through transfer of title as a result ofa settlement of an insurance claim, shall forward the properly endorsedcertificate of title to the office of the county clerk that issued thecertificate of title together with an application for a certificate of titlebranded salvage and payment of the fee required under W.S. 31-3-102(a)(vii) toobtain a properly branded certificate of title. When any vehicle accidentreport is required under chapter 5, article 11 of this title, the investigatingofficer shall provide written notice to the owner or operator of the vehicle ofthe requirements under this section.

 

(b) Upon receipt of a certificate of title under subsection (a)of this section, the county clerk shall issue a certificate of title branded"salvage" to the legal owner.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) This section shall not apply to motor vehicles with morethan eight (8) years of service except any vehicle that was previously issued atitle from any state that bore any word or symbol signifying that the vehiclewas "salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood, shall obtain a Wyoming title withthe prior brand or any other information concerning the motor vehicle status,carried forward on any subsequent Wyoming title irregardless of years ofservice.

 

(e) This section shall not apply to a commercial vehicle or acommercial vehicle combination used, designed or maintained for transportationof persons for hire, compensation or profit, or designed or used primarily forthe transportation of property for gain or profit including:

 

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

 

(ii) A power unit having three (3) or more axles regardless ofweight, or which is used in combination when the weight of the combinationexceeds twenty-six thousand (26,000) pounds gross vehicle weight.

 

(f) If the owner of a motor vehicle retains the vehicle upon asettlement with an insurance company, and the vehicle has incurred damagerequiring the vehicle to be issued a certificate of title branded"nonrepairable" or "salvage", the owner shall apply for thecertificate of title in his own name with the applicable brand displayed on thecertificate of title before the vehicle is commercially repaired or ownershipof the vehicle is transferred.

 

(g) If an insurance company is not involved in a damagesettlement involving a salvage vehicle, the motor vehicle owner shall apply fora certificate of title branded "salvage", before the vehicle iscommercially repaired or ownership of the vehicle is transferred.

 

(h) If a leased motor vehicle incurs damage requiring thevehicle to be issued a certificate of title branded "salvage", thelessor shall apply for a properly branded certificate of title after beingnotified by the lessee that the vehicle has been damaged. The lessee of thevehicle shall inform the lessor that the leased vehicle has been damaged withinthirty (30) days after the occurrence of the damage.

 

(j) Any person acquiring ownership of a damaged motor vehiclethat meets the definition of a salvage vehicle for which a certificate of titlebranded "salvage" has not been issued shall apply for a certificateof title before the vehicle is further transferred.

 

(k) A seller of a motor vehicle that becomes a flood vehicleshall, at or prior to the time of transfer of ownership, give the buyer awritten notice that the vehicle is a flood vehicle. At the time of the nextapplication for certificate of title for the vehicle, disclosure of the floodstatus shall be provided to the county clerk with the properly assigned titleand the word "flood" shall be conspicuously branded across the frontof the new title.

 

(m) In the case of a leased motor vehicle, the lessee, withinthirty (30) days of the occurrence of the event that caused the vehicle tobecome a flood vehicle, shall give the lessor written disclosure that thevehicle is a flood vehicle.

 

(n) Any vehicle that is titled pursuant to this section may bereregistered if the owner complies with the provisions of this section and W.S.31-2-108. Any vehicle branded "salvage" as a result of hail or theftwith no damage, other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and that brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processand may be reregistered pursuant to this act after obtaining a Wyoming titlebranded "salvage" or "rebuilt", as applicable.

 

31-2-108. Rebuilt salvage vehicles; titles; requirements.

 

(a) Repealed by Laws 2009, Ch. 16, 4.

 

(b) The certificate of title and the rebuilt salvage decalstating "rebuilt salvage vehicle" shall meet security standardsminimizing the opportunity for fraud.

 

(c) A motor vehicle owner submitting an application for arebuilt salvage vehicle decal shall be required to provide a completed documentapproved by the department identifying the vehicle's damage prior to beingrepaired, a copy of the original certificate of title branded"salvage" and the name and address of the person who repaired orrebuilt the vehicle. The owner shall also include an affirmation that theinformation in the declaration is complete and accurate and, to the knowledgeof the declarant, no stolen parts were used during the rebuilding. Vehiclesfor which the certificate of title issued by another jurisdiction is clearlybranded or declared as "salvage" due to hail or theft with no damage,other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and the brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processfor registration purposes and may be reregistered pursuant to this act afterobtaining a Wyoming title branded "salvage" or "rebuilt" asapplicable, or in the case of a vehicle damaged by hail or theft with nodamage, other than cosmetic, by submitting to the county clerk a statement froma properly licensed Wyoming vehicle dealer or a licensed insurance adjusterthat the damage is cosmetic only.

 

(d) After the owner of a motor vehicle for which a certificateof title branded "salvage" has been issued pursuant to this act,provides the information required under subsection (c) of this section to thedepartment, the department shall provide to the owner a secure decal whichshall comply with the permanency requirements of the department, stating"rebuilt salvage vehicle". The owner shall apply the decal to thedriver's door jamb of the vehicle prior to having the vehicle inspected by aWyoming law enforcement officer for the vehicle identification number and toensure the decal has been properly affixed. On a motorcycle, the owner shallapply the decal opposite the vehicle identification number on the fork crown ina manner that does not obscure the vehicle identification number, prior tohaving the motorcycle inspected by a Wyoming law enforcement officer for thevehicle identification number and to ensure the decal has been properlyaffixed. The owner shall pay the fee specified in W.S. 31-3-102(b) for theinspection.

 

(e) The owner of a motor vehicle for which a certificate oftitle branded "salvage" has been issued may apply for a certificateof title branded "rebuilt" by presenting to the county clerk thecertificate of title, properly assigned, if applicable, together with thedepartment certificate signed by a Wyoming law enforcement officer who hasinspected the vehicle for the vehicle identification number and to ensure thedecal required under subsection (d) of this section has been properly affixed.Upon proper application and payment of fees for a certificate of title asprovided under W.S. 31-3-102(a)(vii), a certificate of title branded "rebuilt"shall be issued to the owner.

 

(f) Repealed By Laws 2003, Ch. 31, 2.

 

(g) Repealed By Laws 2003, Ch. 31, 2.

 

(h) Repealed By Laws 2003, Ch. 31, 2.

 

(j) Repealed By Laws 2003, Ch. 31, 2.

 

(k) Repealed By Laws 2003, Ch. 31, 2.

 

(m) Repealed By Laws 2003, Ch. 31, 2.

 

(n) Repealed By Laws 2003, Ch. 31, 2.

 

(p) If a damaged vehicle is rebuilt and the owner is issued acertificate of title branded "rebuilt", the owner shall register thevehicle as required under W.S. 31-2-201, unless the owner is a licensed vehicledealer under chapter 16 of this title and the vehicle was rebuilt for resale tothe public. If the person registering the rebuilt vehicle is the person underwhose name the vehicle was previously registered and the annual registrationyear for the vehicle prior to being damaged has not expired at the time ofapplication under this section, a credit shall be issued for the remainder ofthe current annual registration year for the vehicle to be applied against anyregistration fees due for registration of the vehicle for the same period.

 

31-2-109. Disclosure requirements.

 

(a) When any dealer in this state or motor vehicle owner who isnot a dealer knowingly offers for sale or trade a motor vehicle which carries atitle branded pursuant to this article, the dealer or owner shall disclose on aform prescribed by the department to any prospective purchaser, prior to saleor trade, the nature of the title brand.

 

(b) The notification form to be prescribed by the departmentshall have a statement indicating the buyer has been provided notice of thebrand on the title. The seller shall require the buyer to sign the notificationform prior to completing a sales transaction on a motor vehicle that carries abranded title. The seller shall retain a copy of the signed notification form.

 

(c) Failure of the seller to procure the buyer'sacknowledgement signature shall render the sale voidable at the election of thebuyer. The election to render the sale voidable shall be in writing and deliveredto the seller not later than thirty (30) days after the certificate of title isissued in the buyer's name.

 

(d) Nothing in this act shall prevent the buyer from voidingthe sale if there is evidence that the buyer failed to receive the branded title,or a copy of the branded title, or any other notification indicating the titlebore any brand at the time of purchase, regardless of when the title was issuedin the buyer's name. The election to render the sale voidable shall be inwriting and delivered to the seller not later than thirty (30) days after thebuyer first receives knowledge that the title carries a brand. This paragraphshall apply only if there is evidence that the seller knowingly failed tonotify the buyer with the intent to defraud the buyer.

 

31-2-110. Violations; penalties.

 

(a) Any dealer or a person holding legal certificate of titleto a motor vehicle who fails to obtain a proper certificate of title for asalvage vehicle as required under W.S. 31-2-107 within thirty (30) days of thereceipt of the transferor's correctly endorsed title is guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00),imprisonment for not more than six (6) months, or both.

 

(b) Any dealer or a person who holds legal certificate of titleto a nonrepairable, rebuilt salvage or flood vehicle who knowingly fails todisclose to a potential buyer that the vehicle being sold is a nonrepairable,rebuilt salvage or flood vehicle is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. A second or subsequent violation underthis subsection shall be subject to a fine of not more than one thousand fivehundred dollars ($1,500.00), imprisonment for not more than one (1) year, orboth. In addition, if a dealer is convicted of a second or subsequent violationunder this subsection within two (2) years, he may be subject to an injunction.The department or the district attorney of the county in which the violationoccurred may petition the court for an injunction to prohibit the dealer fromselling vehicles in this state for a period of not more than one (1) year.

 

ARTICLE 2 - REGISTRATION

 

31-2-201. Registration required; timelines.

 

(a) Except as provided in W.S. 31-2-224, every owner, or ifapplicable, operator or lessee, of a vehicle which will be operated or drivenupon any highway in Wyoming, shall be required to obtain registration at thefollowing times:

 

(i) Annually not later than the last day of the annualregistration month. Applications may be by mail;

 

(ii) Upon transfer of ownership of a vehicle:

 

(A) Within forty-five (45) days if transferred and temporarylicense permits issued by a licensed dealer;

 

(B) Within forty-five (45) days if transferred by anout-of-state dealer, regardless of when the out-of-state temporary permitexpires;

 

(C) Within forty-five (45) days if transferred under theprovisions of W.S. 31-2-104(h). Vehicles may be operated by the transfereeduring this forty-five (45) day period when accompanied by a notarized bill ofsale;

 

(D) Within thirty (30) days for other transfer. Vehicles may beoperated by the transferee during this thirty (30) day period when accompaniedby a properly executed title for the vehicle transferring interest in thevehicle to the transferee.

 

(iii) Upon becoming a resident in the case of a previousnonresident owner;

 

(iv) Notwithstanding paragraph (iii) of this subsection,immediately when the vehicle is being operated by a person not from this statefor transportation to or from, or for the purpose of gainful employment or anytrade, profession or occupation within this state.

 

(A) Repealed by Laws 2009, Ch. 16, 4.

 

(B) Repealed by Laws 2009, Ch. 16, 4.

 

(C) Repealed by Laws 2009, Ch. 16, 4.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) Repealed by Laws 2009, Ch. 16, 4.

 

(e) Repealed by Laws 2009, Ch. 16, 4.

 

(f) Repealed by Laws 2009, Ch. 16, 4.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) Repealed by Laws 2009, Ch. 16, 4.

 

(j) Any nonresident owner, lessee or operator of a vehicle thatis not a commercial vehicle, who is employed in this state on a temporary orfull-time basis may choose to purchase a temporary worker registration permitfrom the county treasurer in lieu of registering the vehicle pursuant toparagraph (a)(iv) of this section and paying the fees pursuant to W.S.31-3-101, provided the vehicle displays a valid registration and license platefrom another jurisdiction and is properly insured. Application for thetemporary worker registration permit shall be made to the county treasurer inthe manner and form prescribed by the department and shall be submitted withproof of valid insurance. The temporary worker registration permit shall bear adistinctive number assigned to the vehicle, an expiration date and at all timesbe prominently displayed and clearly visible on the vehicle in a mannerprescribed by the department. Fees collected under this subsection shall bedeposited in the county general fund. The fee for a temporary workerregistration permit shall be fifty dollars ($50.00) per each month of requiredregistration, and shall not exceed one hundred twenty (120) days per vehicle.

 

(k) W.S. 31-2-225 notwithstanding, upon compliance with W.S.39-15-107(b) and 39-16-107(b), if applicable, an owner of a commercial vehiclethat is not a Wyoming based commercial vehicle as defined by W.S.31-18-201(a)(vi), a nonresident owner of a vehicle not employed in this state,or any owner upon transfer of ownership or lease, may, as an alternative toregistration, obtain one (1) temporary registration permit in a twelve (12)month period authorizing operation of the vehicle on the highways of this statefor a period not to exceed ninety (90) days from the date of issuance of thetemporary registration permit. Any registration issued under this section shallbear a distinctive number assigned to the vehicle, an expiration date and atall times be prominently displayed and clearly visible on the vehicle in themanner prescribed by the department. Application for a temporary registrationpermit shall be made to the county treasurer in the manner and form prescribedby the department. A temporary registration permit under this subsection shallbe considered an initial registration under W.S. 31-1-101(a)(xxx). The fee forthe temporary registration permit shall be an amount equal to the followingfractions of the annual registration fees for the vehicle required under W.S.31-3-101:

 

(i) Up to thirty (30) days at one-tenth (.10);

 

This section is effective January 1, 2010.

 

 

(ii) Up to sixty (60) days at two-tenths (.20);

 

This section is effective January 1, 2010.

 

 

(iii) Up to ninety (90) days at three-tenths (.30).

 

This section is effective January 1, 2010.

 

 

(m) A one time "in transit" permit may also bepurchased for a fee of twenty dollars ($20.00) per vehicle, which entitles aperson who obtains a vehicle from any person, other than a licensed Wyomingvehicle dealer, to operate the vehicle on the highways of Wyoming withoutregistration, only for the purpose of removing the vehicle from the statewithin a period of forty-eight (48) hours from the date of the permit. Theapplicant for this permit shall be required to provide any documentationnecessary, including proof of insurance, to satisfy the county treasurer thatthe applicant has the lawful right to the vehicle. The permit shall expireforty-eight (48) hours after issuance, or upon leaving the state. The permitshall bear a distinctive number assigned to the vehicle, an expiration date andshall at all times be prominently displayed and clearly visible on the vehiclein a manner prescribed by the department.

 

(n) A vehicle which is not included as part of a licenseddealer's inventory, is not currently registered in this state or any otherjurisdiction and is required to be registered if operated on the publichighways of this state may be operated for demonstration purposes, without aload, on the public highways of this state while displaying a demonstrationpermit. The permit shall be obtained from the department, agent or anyauthorized person by the department, upon application, presentation of a validcertificate of title and payment of the prescribed fee. The permit shallindicate the dates of demonstration, not exceeding ninety-six (96) hours, andsuch other information as the department prescribes. The department shallprescribe the manner in which the permit shall be displayed.

 

31-2-202. Renumbered as 31-18-201 by Laws 1993, ch. 68, 3.

 

31-2-203. Reciprocal agreements and exemptions.

 

 

(a) The department may negotiate reciprocal agreements withappropriate officials of any other jurisdiction, in which nonresidents of thisstate shall be exempt from Wyoming vehicle registration fees in exchange forequivalent exemptions from like fees imposed by the other jurisdictions onresidents of this state.

 

(b) The department shall determine from time to time and adviseeach Wyoming motor vehicle registration and fee collecting official or otherperson and each state agency charged with enforcing motor vehicle statutes ofWyoming of the name of each state contiguous to Wyoming which has granted orsubsequently grants for the benefit of affected Wyoming motor vehicle ownersreciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of thissection, together with the nature and extent of each reciprocal grant by theother state, and shall likewise advise of the name of each jurisdiction withwhich the department has entered into a reciprocal agreement together with thenature and extent of the reciprocal grants made.

 

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

 

31-2-204. Issuance of certificates of registration and license platesby county; form.

 

(a) Upon receipt of an approved application and payment of feesthe county treasurer shall issue to the applicant a certificate of registrationconforming with the facts set forth in the application together with one (1)license plate or validation sticker for motorcycles, multipurpose vehicles,trailers, including house trailers, and vehicles operated with dealer licenseplates and two (2) license plates or proper validation stickers for any othervehicle. A copy of the certificate of registration shall be carried at alltimes in the motor vehicle for which it is valid and shall be displayed upondemand of any peace officer.

 

(b) Except as otherwise provided, license plates shall be ofmetal not less than twelve (12) inches long in the left-hand end of which shallbe arabic numerals for the county in which issued, followed by the buckinghorse and rider emblem and a distinctive number assigned to the vehicle, setforth in numerals and letters as determined by the department and above orunderneath such numerals shall be the word "Wyoming" and arabicnumerals for the year of issue or validation. License plates issued to dealersand for state or federal official forestry vehicles, motorcycles, multipurposevehicles and trailers shall contain appropriate identification which may be inlieu of the bucking horse and rider emblem. License plates shall be changed orvalidated annually. There shall be a marked contrast between the color of theplate and that of the numerals and letters and the background of all platesshall be fully reflectorized. Plates for light utility trailers under onethousand (1,000) pounds, motorcycles and multipurpose vehicles shall not beless than three (3) inches wide and six (6) inches long. Antique license platesshall bear no date and shall bear the inscription "Pioneer Wyo".License stickers for trucks and trailers used by any farmer or rancher for thetransportation of livestock, feed or unprocessed agricultural products ownedand produced by the farmer or rancher from the place of production to marketand of ranch supplies intended solely for the use of the farmer or rancher, andnot for sale, on the return trip, and not for the transportation of goods andpersons for hire shall bear the inscription "Farm". Upon applicationto the department and payment of a fee as provided by W.S. 31-3-102(a)(xix),veteran license stickers bearing the inscription "Veteran" anddesignating the conflict service of the veteran may be issued to the veterans'commission in a format approved by the department. The veterans' commission maysell the veteran license sticker to qualified veterans at a fee not to exceedcost, plus ten dollars ($10.00) per vehicle. Any fees collected by theveterans' commission under this subsection shall be deposited in the veterans'commission expendable trust fund. The veterans' commission shall establisheligibility criteria for veterans applying for a veteran license sticker. Aqualified veteran purchasing a veteran license sticker manufactured by thedepartment and sold by the veterans' commission may display the sticker on thelicense plate issued by the county treasurer. The provisions of W.S.31-2-205(a)(iv) shall not apply to any veteran license sticker manufactured bythe department and displayed as provided in this section.

 

(c) The distinctive license plate numbers shall begin with one(1) and be numbered consecutively in each county. In ordering license platesthe department may from year to year change the location of the figures, wordsand letters or validation sticker as deemed necessary.

 

(d) For the purposes of this section, the several counties ofthe state shall be numbered as follows: Albany-5, Big Horn-9, Campbell-17,Carbon-6, Converse-13, Crook-18, Fremont-10, Goshen-7, Hot Springs-15,Johnson-16, Laramie-2, Lincoln-12, Natrona-1, Niobrara-14, Park-11, Platte-8,Sheridan-3, Sublette-23, Sweetwater-4, Teton-22, Uinta-19, Washakie-20,Weston-21, and new counties shall be assigned numbers by the department as theymay be formed, beginning with the number 24.

 

31-2-205. Display of license plates.

 

(a) License plates for vehicles shall be:

 

(i) Conspicuously displayed and securely fastened to be plainlyvisible:

 

(A) One (1) on the front of the vehicle, excluding motorcycles,multipurpose vehicles, trailers (including house trailers), vehicles operatedwith demo, full use or manufacturer license plates issued pursuant to W.S.31-16-125, street rods registered pursuant to W.S. 31-2-226 and custom vehiclesregistered pursuant to W.S. 31-2-227, provided that such custom vehicles weremanufactured prior to 1968 or were originally manufactured to have one (1)license plate;

 

(B) One (1) on the rear of the vehicle.

 

(ii) Secured to prevent swinging;

 

(iii) Attached in a horizontal position no less than twelve (12)inches from the ground;

 

(iv) Maintained free from foreign materials and in a conditionto be clearly legible.

 

(b) Repealed by Laws 1991, ch. 37, 1.

 

31-2-206. Annual renewal; delivery of license plates and stickers;staggered registration.

 

(a) Except as otherwise provided vehicle registrations expireon the last day of the annual registration month. Renewals are effective forone (1) year beginning the first day of the month following the annualregistration month. The initial registration for a vehicle in this stateexpires on the last day of the annual registration month in the followingyear. Except as provided in subsection (h) of this section, nothing in thissection prohibits an owner from registering a vehicle for more than twelve (12)but less than twenty-four (24) months.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) License plates or stickers may be delivered by mail if theapplicant so desires. The cost of mailing license plates or stickers may berequired to be paid by the applicant.

 

(d) Unless reassigned to a like vehicle of the same owner inthe manner and form prescribed by the department, license plates or stickersissued during any calendar year shall only be used on the vehicle for whichissued through the last day of the annual registration month for the vehicle inthe succeeding calendar year.

 

(e) Notwithstanding any other provision of law, any vehiclelawfully registered in this state on December 31, 1989, may be operated on thehighways of this state through March 31, 1990. For calendar year 1990 only andnot later than March 31, 1990, all persons renewing the registration ofvehicles which were registered in this state as of December 31, 1989, shallregister them subject to the following schedule, except in counties in whichthe county treasurer elects to register vehicles under subsection (h) of thissection:

 

Last Digit of License

 

Month of Registration Registration number:

 

January 1

 

February 2

 

March 3

 

April 4

 

May 5

 

June 6

 

July 7

 

August 8

 

September 9

 

October 0

 

(f) For registration from January 1, 1990, through March 31,1990, required under subsection (e) of this section, county and stateregistration fees shall be prorated so that:

 

(i) Persons required to register after March 31 may pay onlyfor the months before which the next registration is due; and

 

(ii) Persons shall otherwise pay for one (1) year plus thenumber of months necessary for licensing through the month in which the nextregistration is due.

 

(g) Any person who registers two (2) or more vehicles mayselect one (1) currently existing annual registration month for all of thosevehicles. Notwithstanding W.S. 31-1-101(a)(xxx)(B), any person who elects toregister vehicles under the provisions of this subsection may thereafter applyto the county treasurer to have the same annual registration month apply tosubsequently acquired vehicles. When electing to establish the sameregistration period for all vehicles, the owner shall pay the current annualregistration fee plus one-twelfth (1/12) of that annual fee for each additionalmonth necessary to extend the registration to the registration period underwhich all the vehicles will be registered. No depreciation shall be allowedfor the required additional months. Thereafter, all the vehicles shall beregistered on an annual basis.

 

(h) If a county treasurer with the approval of the board ofcounty commissioners elects to register vehicles under this subsection, theannual registration month for all vehicles shall be December and except forvehicles registered during calendar year 1992 and each year thereafter, thelicense plates or stickers issued for any calendar year under this subsectionshall only be used for the vehicle for which issued through the last day ofMarch of the succeeding calendar year. For vehicles registered during calendaryear 1992 and each year thereafter, the license plates or stickers issued forany calendar year under this subsection shall only be issued for use throughthe last day of February of the succeeding calendar year. W.S.31-1-101(a)(xxx)(A) and (B) do not apply if an election is made under thissubsection. A county treasurer with the approval of the board of countycommissioners may subsequently elect to follow the procedure in subsections (e)through (g) of this section for any succeeding calendar year by notifying thedepartment not later than April 1 of the year preceding the year for which theelection is made and providing adequate publicity to county residents about theelection. If any election is made to follow the procedure in subsections (e)through (g) of this section, credit shall be given for registration fees paidthrough December 31 of the year for which the election is made. If a countytreasurer follows the procedure under subsections (e) through (g) of thissection, no subsequent election shall be made. No election under thissubsection shall be made for a calendar year in which new license plates shallbe issued.

 

(j) Repealed by Laws 2009, Ch. 16, 4.

 

(k) Dealer demo, full use and manufacturer license plates arevalid for one (1) year beginning the first day of the month following theannual registration month provided the dealer or manufacturer holds a valid licensepursuant to W.S. 31-16-104 and the dealer or manufacturer license is notsuspended, revoked, cancelled or expired. The dealer or manufacturer licenseplates shall expire upon the date of any revocation, suspension, cancellationor expiration of the dealer or manufacturer license. Any and all licenseplates expired pursuant to this paragraph shall be immediately returned to thedepartment upon expiration.

 

(m) Repealed by Laws 2009, Ch. 16, 4

 

31-2-207. Publicly owned vehicles.

 

Uponapplication the department shall issue distinctive license plates indicatingpublic ownership for vehicles owned by the United States, state of Wyoming, acounty, city, town or political subdivision of Wyoming or a joint powers boardunder W.S. 16-1-101 through 16-1-109. A distinctive license plate under thissection may be issued to any public entity specified in this section, providedthat the public entity or another public entity specified in this section ownsthe vehicle and the public entity applying for the distinctive license platehas the authority to possess and operate the vehicle in fulfillment of itspublic purpose. Upon presentation of proper credentials and identification ofthe applicant the department shall issue license plates not disclosing public ownershipof a vehicle to investigative agencies of Wyoming and the criminalinvestigative agencies of the department of justice, department of defense anddepartment of the treasury of the United States and the records of thedepartment shall not disclose the public ownership of the vehicles.

State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter2

CHAPTER 2 - TITLE AND REGISTRATION

 

ARTICLE 1 - CERTIFICATES OF TITLE

 

31-2-101. Required application.

 

 

(a) Except as provided by W.S. 31-2-102 and pursuant to W.S.31-1-101(a)(xxi)(A) through (G), every owner of a vehicle for which no Wyomingcertificate of title has been issued to the owner or the transferee upontransfer of ownership of a vehicle for which a Wyoming certificate of title isrequired, shall apply for a certificate of title at the office of a countyclerk, or if available, electronically, within the same time periods asrequired by W.S. 31-2-201(a)(ii) and (iii).

 

(b) Every owner or transferee upon transfer of ownership of anyvehicle that has an identifying number pursuant to W.S. 31-1-101(a)(ix),including off-road recreational or multipurpose vehicles and, for the purposeof titling under this section, including snowmobiles and watercraft, shallapply for a certificate of title at the office of a county clerk.

 

31-2-102. Exemptions.

 

(a) No certificate of title shall be issued for:

 

(i) Vehicles owned by the United States;

 

(ii) Implements of husbandry, except multipurpose vehicles thatqualify as implements of husbandry;

 

(iii) Vehicles of nonresident owners titled in another state;

 

(iv) Repealed by Laws 2009, Ch. 16, 4.

 

(v) Repealed by Laws 1993, ch. 16, 2.

 

(vi) Repealed by Laws 2009, Ch. 16, 4.

 

31-2-103. Contents of application; signature; vehicle identificationnumber; issuance of certificate.

 

(a) Applications for paper certificates of title or electroniccertificates of title, if available, shall be under oath and contain or beaccompanied by:

 

(i) The name and address of the owner and the person to whomthe certificate of title is to be delivered;

 

(ii) A description of the vehicle including make, vehicleidentification number, type of body and motive power;

 

(iii) If a new vehicle purchased from a properly licensed dealerin any other state or a properly licensed Wyoming new vehicle dealer, asdefined by W.S. 31-16-101(a)(xviii)(A):

 

(A) The manufacturer's certificate of origin indicating thedate of sale to and the name of the first person receiving it from themanufacturer and a certification the vehicle was new when sold by themanufacturer, however, no person shall transfer ownership of a vehicle from amanufacturer's statement of origin or a manufacturer's certificate of originunless the person is the manufacturer of the vehicle or a properly licenseddealer for that state and who holds a valid sales and service agreement fromthe manufacturer of the vehicle;

 

(B) Certification by the properly licensed dealer that thevehicle was new when sold to the applicant; and

 

(C) A statement from the dealer indicating the manufacturer'ssuggested retail price (MSRP) for the make, model and trim level of the vehiclesold.

 

(iv) Certification of applicant's ownership and any liens orencumbrances upon the vehicle;

 

(v) The current title containing an assignment and warranty oftitle, if applicable, and an affidavit by the seller, either separate orcontained on the current title, which shall contain a reference to the federalregulations stating that failure to complete or providing false information mayresult in fines and imprisonment and may include a department approvedstatement in substantially the following form: "I state that the odometernow reads .... miles (no tenths) and to the best of my knowledge that itreflects the actual mileage of the vehicle described herein unless one (1) ofthe following statements is checked: A. I hereby certify that to the best of myknowledge the odometer reading reflects the amount of mileage is in excess ofits mechanical limits; B. I hereby certify that the odometer reading is NOT theactual mileage. WARNING-ODOMETER DISCREPANCY", to be retained by thecounty clerk upon issuance of a new title. This paragraph shall not apply tovehicles not originally manufactured with an odometer;

 

(vi) In the case of a vehicle registered or titled in a stateother than Wyoming, or any homemade vehicle, rebuilt vehicle, reconstructedvehicle, any vehicle assembled from a kit or any vehicle for which a bond isrequired, a current statement made by a Wyoming law enforcement officer, orlicensed Wyoming dealer only for vehicles in his inventory or possession, thatthe vehicle identification number on the vehicle has been inspected and thatthe inspection occurred in Wyoming and certifying the correct vehicleidentification number displayed on the vehicle. Any licensed Wyoming dealerperforming an inspection of a vehicle identification number under this sectionshall, in addition to the requirements of this act, do so pursuant to W.S.31-11-108. In the case of a vehicle not in Wyoming, the vehicle identificationnumber may be inspected and certified on a form approved by the department ifthe inspection is made by an authorized law enforcement officer of a city,county or state law enforcement agency or a commissioned officer at a federalmilitary installation or any other person authorized to do so by law anddelivered to the county clerk in the county where the application forcertificate of title is made along with payment for the inspection fee requiredunder W.S. 31-3-102(b)(iv);

 

(vii) Factory price, or in lieu thereof, the valuation asprescribed by W.S. 31-3-101(c);

 

(viii) Repealed by Laws 2001, Ch. 72, 3.

 

(ix) Such other information as required by the department orcounty clerk which may include but not be limited to a vehicle bill of sale orsimilar document, any documentation necessary to verify proof of ownershipincluding an affidavit for proof of ownership or any surety bond required bythis act. Any affidavit for proof of ownership shall be prescribed pursuant toW.S. 31-1-201(d) and shall be utilized by each county of this state;

 

(x) A Wyoming certificate of title shall contain an appropriatenotice whenever records readily accessible to the state indicate that the motorvehicle was previously issued a title or registration from any jurisdictionthat bore any word or symbol signifying that the vehicle was"salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood. Any information concerning amotor vehicle's status shall also be conveyed on any subsequent title issuedfor the vehicle by this state, including a duplicate or replacement title.

 

(b) If the application for title is for a vehicle purchasedfrom a properly licensed Wyoming dealer, the application may be signed by thedealer, include a statement of transfer by the dealer and of any lien retainedby the dealer. Only a properly licensed Wyoming dealer may sign a statement oftransfer.

 

(c) If a vehicle to be titled has no vehicle identificationnumber, the applicant shall apply for and obtain a number from the departmentpursuant to W.S. 31-11-105.

 

(d) Upon receipt of an application and payment of fees anycounty clerk shall, if satisfied that the applicant is the owner of the vehiclefor which application for certificate of title is made, issue a papercertificate of title or electronic certificate of title, if available, upon aform or electronic format, approved by and provided at cost to the county clerkby the department in the name of the owner bearing the signature and seal ofthe county clerk's office. The county clerk shall not deliver a certificate oftitle issued under this section until presentation of a receipt for payment ofsales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b). If a lien isfiled with respect to the vehicle, the county clerk shall, within three (3)business days, deliver a copy of the filed lien and a copy of the issued titleto the financial institution and if available, such delivery may be madeelectronically. Each paper certificate of title or electronic version, shallbear a document control number with county designation and certificate of titlenumber. The title shall be completely filled out giving a description of thevehicle including factory price in a manner prescribed by the department,indicate all encumbrances or liens on the vehicle and indicate the date ofissue. Certificates of title shall contain forms for assignment of title orinterest and warranty thereof by the owner with space for notation of liens andencumbrances at the time of transfer on the reverse side and contain space forthe notarization of a sale or transfer of title. Certificates of title arevalid for the vehicle so long as the vehicle is owned or held by the person inwhose name the title was issued. A certificate of title is prima facie proof ofownership of the vehicle for which the certificate was issued.

 

(e) Notwithstanding subsection (d) of this section, a personregularly engaged in the business of making loans or a supervised financialinstitution, as defined in W.S. 40-14-140(a)(xix), that repossesses a motorvehicle on which it has filed a lien shall not be liable for sales or use taxor for any penalties for nonpayment of the sales or use tax pursuant to W.S.39-15-107(b) or 39-16-107(b) prior to obtaining a title from the county clerkfor that vehicle.

 

(f) Notwithstanding subsection (d) of this section, aninsurance company that acquires ownership of a motor vehicle pursuant to adamage settlement shall not be liable for sales or use tax or for any penaltiesfor nonpayment of the sales or use tax pursuant to W.S. 39-15-107(b) or39-16-107(b) prior to obtaining a title from the county clerk for that vehicle.

 

(g) Any Wyoming law enforcement officer who determines from aphysical inspection that the vehicle identification number has been removed,changed, altered or obliterated for any reason, shall proceed pursuant to W.S.31-11-111, unless the vehicle is in the process of obtaining a state assignednumber pursuant to W.S. 31-11-105.

 

31-2-104. Transfer of ownership.

 

(a) Except as otherwise provided in this section, the owner ofa vehicle who sells or transfers his interest in a vehicle for which acertificate of title has been issued shall endorse an assignment and warrantyof title upon the certificate for the vehicle with a statement of all liens andencumbrances thereon, which assignment, warranty and statement shall besubscribed by the owner before a notarial officer and acknowledged thereby inthe manner provided by law, to be dated and delivered to the transferee at thetime of delivering the vehicle. Except as provided in subsection (b) of thissection, the transferee shall present the certificate to a county clerk andapply for a new certificate of title within the same time periods as requiredby W.S. 31-2-201(a)(ii).

 

(i) Repealed By Laws 2003, Ch. 33, 2.

 

(ii) Repealed By Laws 2003, Ch. 33, 2.

 

(iii) Repealed By Laws 2003, Ch. 33, 2.

 

(b) If the transferee is a licensed dealer who holds thevehicle for resale, procures the certificate of title from the transferor andoperates the vehicle only for demonstration purposes under dealer licenseplates, the dealer is not required to obtain a new certificate of title but maytransfer the vehicle by an assignment and warranty of title upon thecertificate of title or department approved statement of transfer form anddeliver the certificate to a subsequent transferee.

 

(c) In the event of a transfer by operation of law of anyinterest in a vehicle as upon an order in bankruptcy or insolvency, executionsale, repossession upon default in the performance of the terms of a lease orsales contract or otherwise than by voluntary act of the person whose title orinterest is transferred, the administrator, receiver, trustee, sheriff,creditor or other representative or successor in interest of the person whoseinterest is transferred shall forward to the county clerk an application for acertificate of title together with a verified or certified statement of thetransfer of interest. The statement shall set forth the reason for theinvoluntary transfer, the interest transferred, the name of the transferee, theprocess or procedure effecting the transfer and other information requested bythe county clerk. Evidence and instruments otherwise required by law to effecta transfer of legal or equitable title to or an interest in a vehicle in suchcases shall be furnished with the statement. If a transfer of title to acreditor is accomplished in accordance with the provisions of this subsection,a creditor retains the right to seek any deficiency balance which may existafter sale, provided the creditor has complied with all applicable law, and thetransfer by itself shall not be considered a strict foreclosure or an electionto retain the collateral in satisfaction of an obligation as provided by W.S.34.1-9-620 and does not affect the debtor's right to redeem the collateralunder W.S. 34.1-9-623. If from the records of the county clerk there appears tobe any lien on the vehicle which was recorded prior to the lien of the creditorapplying for title and which has not been released, the certificate of titleshall contain a statement of the lien. The creditor repossessing and applyingfor title to the vehicle shall notify all persons holding liens on the vehicleby certified mail return receipt requested at least fifteen (15) days prior tofiling the application for title. Any proceeds from the sale, lease or otherdisposition of the vehicle shall be distributed in accordance with theprovisions of W.S. 34.1-9-608.

 

(d) Repealed by Laws 2003, Ch. 33, 2.

 

(e) Repealed by Laws 2001, Ch. 72, 3.

 

(f) Any person knowingly providing false or incompleteinformation on any statement required by this act is guilty of a misdemeanorand upon conviction shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) The requirement under subsection (a) of this section todeliver a certificate of title to a transferee at the time the vehicle isdelivered does not apply to a transferor if:

 

(i) The certificate of title is being held by a bank or otherfinancial institution on the date the vehicle is delivered. The transferorshall then deliver to the transferee a dealer's invoice or a signed, notarizedbill of sale, in substantially the form specified in paragraph (ii) of thissubsection, and the certificate of title shall be delivered to the transfereewithin thirty (30) days from the date of the sale; or

 

(ii) The transferor is an auctioneer of vehicles and transfersthe vehicle in the course of his business as an auctioneer of vehicles orthrough an auctioneer of vehicles. The transferor or auctioneer shall thendeliver the certificate of title to the transferee within thirty (30) days ofthe date of sale and shall deliver to the transferee at the time the vehicle isdelivered a signed, notarized bill of sale in substantially the following form:

 

VEHICLEBILL OF SALE

 

I, (NAME OF TRANSFEROR OR AUCTIONEER), on(date), hereby sell and convey all (my interest the interest of (name ofcurrent owner)) in the following described vehicle: (COLOR, YEAR, MAKE, MODEL,VEHICLE IDENTIFICATION NUMBER) to (NAME OF TRANSFEREE) in exchange for: (salesprice). I hereby state that the certificate of title for the above describedvehicle is held by (NAME OF TRANSFEROR-VEHICLE AUCTIONEER, BANK OR OTHERFINANCIAL INSTITUTION) and that within thirty (30) days, (NAME OF TRANSFEREE)will be provided a properly executed title free of all liens for the vehicleunless otherwise specified in this bill of sale.

 

DATE: _________

 

________________________________________

 

(TRANSFEROR'S ORAUCTIONEER'S SIGNATURE)

 

(BILL OF SALEMUST BE NOTARIZED)

 

(j) If a vehicle is held by two (2) or more persons as jointtenants with right of survivorship clearly stated on the certificate of title,following the death of one (1) of the joint owners a surviving owner may applyto a county clerk for a new certificate of title in the name of the survivoror, if more than one (1) owner survives, jointly in the names of thesurvivors. The application for a new certificate of title shall be accompaniedby a certified copy of the death certificate of the deceased owner. The countyclerk shall issue the new certificate of title as provided in W.S. 31-2-103(d),except that no sales or use tax shall be due when obtaining a certificate oftitle pursuant to this subsection.

 

(k) Notwithstanding the provisions of subsection (j) of thissection, the surviving owner or owners of a vehicle held by joint tenants withthe right of survivorship may transfer ownership without first obtaining atitle in the name of the surviving owner or owners by complying with therequirements of subsection (a) of this section and providing the transfereewith a certified copy of the death certificate of the deceased owner. Anyapplicable sales or use tax shall be paid pursuant to W.S. 39-15-107(b) or39-16-107(b).

 

31-2-105. Duplicate titles; affidavit of vehicle ownership; bond forcertificate of title.

 

(a) Upon loss of a certificate of title, the owner may apply tothe county clerk issuing the original title for a duplicate title. Theapplicant shall file an affidavit describing the loss with the county clerk.Upon payment of fees the county clerk shall issue a duplicate certificate oftitle corresponding to the original certificate and containing the followingnotation prominently displayed in capital letters on the face of thecertificate: "THIS IS A DUPLICATE CERTIFICATE OF TITLE AND MAY BE SUBJECTTO THE RIGHTS OF A PERSON OR PERSONS UNDER THE ORIGINAL CERTIFICATE". Noduplicate certificate shall be issued before the 11th day after the affidavitis filed unless the owner deposits an indemnity bond to the state of Wyomingwith the county clerk as specified in this section.

 

(b) If an applicant for a certificate of title required by thisact is unable to provide the county clerk with a certificate of title thatassigns the prior owner's interest, a notarized bill of sale or other evidenceof ownership that satisfies the county clerk that the applicant owns thevehicle, a certificate of title may be issued only if:

 

(i) The applicant submits an affidavit of vehicle ownership ona form prescribed by the department that shall be signed and sworn before aperson who is authorized to administer oaths and affirmations. The affidavitshall contain:

 

(A) A complete description of the vehicle;

 

(B) A recital of facts and circumstances by which the applicantacquired the ownership and possession of the vehicle including the previousowner's name and address and why the applicant is unable to provide the clerkwith the information required in subsection (b) of this section;

 

(C) A disclosure of any and all security interests, liens orencumbrances that are known to the applicant and that are outstanding againstthe vehicle;

 

(D) A statement that the applicant is the true and lawful ownerof the vehicle and has the right to have a certificate of title issued.

 

(ii) In addition to the affidavit of ownership, the applicantshall furnish the county clerk an indemnity bond as specified by this section.

 

(c) If the vehicle for which the applicant is applying for acertificate of title has a value less than six hundred dollars ($600.00), atitle may be issued without a bond if the applicant presents an affidavit ofvehicle ownership, a notarized bill of sale, a certified, written statement ofthe value from a properly licensed Wyoming vehicle dealer and a vehicleidentification number (VIN) inspection, or any other information the countyclerk may require for proof of ownership, at the time of application.

 

(d) Any bond required by this section shall be executed by asurety duly authorized to carry on business in Wyoming or by individualsureties qualified as provided by W.S. 1-1-104 and 1-1-105. The amount of anybond required under this section shall not be less than double the value of thevehicle determined at the time of the application. If the value of the vehiclecannot be determined from any prior registration or title, the applicant shallprovide the county clerk the value of the vehicle. The value of the vehicleshall be determined by the applicant or the surety from any current nationalappraisal guide, current or past registration if the value is present on anyregistration for the vehicle, or the value may be on certified writtenstatement obtained from a properly licensed Wyoming vehicle dealer. The bondshall be conditioned to indemnify a prior owner, lienholder, subsequentpurchaser, secured creditor or encumbrancer of the vehicle and any respectivesuccessors in interest against expenses, losses or damages, includingreasonable attorney fees, caused by the issuance of the certificate of title orby a defect in or undisclosed security interest upon the right, title andinterest of the applicant in the vehicle.

 

(e) If any person suffers a loss or damage by reason of thefiling or issuance of the certificate of title as provided in this section,such person shall have a right of action to seek relief directly against theapplicant and the surety on the applicant's bond against either of whom theperson damaged may proceed independently of the other, but the aggregateliability of the surety to any or all persons seeking relief shall not exceedthe total amount of the bond.

 

31-2-106. Definitions.

 

(a) As used in W.S. 31-2-106 through 31-2-110:

 

(i) "Flood vehicle" means any motor vehicle that hasbeen submerged in water to the point that rising water has reached over thedoor sill and has entered into the passenger or trunk compartment of thevehicle and the actual dollar amount of the damage would not cause the vehicleto be titled as a salvage vehicle. Disclosure that a motor vehicle has become aflood vehicle shall be made at the time of transfer of ownership and the nextcertificate of title issued after the transfer shall be branded with the word"flood";

 

(ii) "Certificate of title, branded salvage" means amotor vehicle ownership document issued in this state to the owner of a salvagevehicle conspicuously branded with the word "salvage" across thefront of the certificate;

 

(iii) "Rebuilt title" means the certificate of titleissued in this state to the owner of a rebuilt salvage vehicle conspicuouslybranded "rebuilt" across the front of the certificate of title;

 

(iv) "Rebuilt salvage vehicle" means any motor vehiclewhich was previously issued a certificate of title branded "salvage"and has a decal stating "rebuilt salvage vehicle" affixed as requiredby W.S. 31-2-108(d);

 

(v) "Salvage vehicle" means any motor vehicle whichhas been wrecked, destroyed or damaged to the extent that it has been declareda total loss by the insurance company or, in the event an insurance company isnot involved in the settlement of the claim, the total estimated or actual costof parts and labor to rebuild or reconstruct the motor vehicle to itspre-accident condition exceeds seventy-five percent (75%) of the actual retailcash value of the motor vehicle, as set forth in the most current edition ofany nationally recognized automotive appraisal guide or other source approvedby the Wyoming insurance department. The value of repair parts for purposes ofthis paragraph shall be determined by using the current cost of the repairparts to be used in the repair. The labor cost of repairs for purposes of thisparagraph shall be computed by using the hourly labor rate and time allocationsthat are reasonable and customary in the automobile repair industry in thecommunity where the repairs are to be performed.

 

31-2-107. Titles for damaged vehicles; return of certificate of titleand registration for damaged vehicle; replacement title and registration.

 

(a) When a motor vehicle is declared a total loss by theinsurance company or, in the event an insurance company is not involved in thesettlement of the claim, sustains damage in an amount exceeding seventy-fivepercent (75%) of its actual retail cash value, as set forth in any currentedition of a nationally recognized automotive appraisal guide or other sourceapproved by the Wyoming insurance department, the owner or insurance company,if it obtains ownership of the vehicle through transfer of title as a result ofa settlement of an insurance claim, shall forward the properly endorsedcertificate of title to the office of the county clerk that issued thecertificate of title together with an application for a certificate of titlebranded salvage and payment of the fee required under W.S. 31-3-102(a)(vii) toobtain a properly branded certificate of title. When any vehicle accidentreport is required under chapter 5, article 11 of this title, the investigatingofficer shall provide written notice to the owner or operator of the vehicle ofthe requirements under this section.

 

(b) Upon receipt of a certificate of title under subsection (a)of this section, the county clerk shall issue a certificate of title branded"salvage" to the legal owner.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) This section shall not apply to motor vehicles with morethan eight (8) years of service except any vehicle that was previously issued atitle from any state that bore any word or symbol signifying that the vehiclewas "salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood, shall obtain a Wyoming title withthe prior brand or any other information concerning the motor vehicle status,carried forward on any subsequent Wyoming title irregardless of years ofservice.

 

(e) This section shall not apply to a commercial vehicle or acommercial vehicle combination used, designed or maintained for transportationof persons for hire, compensation or profit, or designed or used primarily forthe transportation of property for gain or profit including:

 

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

 

(ii) A power unit having three (3) or more axles regardless ofweight, or which is used in combination when the weight of the combinationexceeds twenty-six thousand (26,000) pounds gross vehicle weight.

 

(f) If the owner of a motor vehicle retains the vehicle upon asettlement with an insurance company, and the vehicle has incurred damagerequiring the vehicle to be issued a certificate of title branded"nonrepairable" or "salvage", the owner shall apply for thecertificate of title in his own name with the applicable brand displayed on thecertificate of title before the vehicle is commercially repaired or ownershipof the vehicle is transferred.

 

(g) If an insurance company is not involved in a damagesettlement involving a salvage vehicle, the motor vehicle owner shall apply fora certificate of title branded "salvage", before the vehicle iscommercially repaired or ownership of the vehicle is transferred.

 

(h) If a leased motor vehicle incurs damage requiring thevehicle to be issued a certificate of title branded "salvage", thelessor shall apply for a properly branded certificate of title after beingnotified by the lessee that the vehicle has been damaged. The lessee of thevehicle shall inform the lessor that the leased vehicle has been damaged withinthirty (30) days after the occurrence of the damage.

 

(j) Any person acquiring ownership of a damaged motor vehiclethat meets the definition of a salvage vehicle for which a certificate of titlebranded "salvage" has not been issued shall apply for a certificateof title before the vehicle is further transferred.

 

(k) A seller of a motor vehicle that becomes a flood vehicleshall, at or prior to the time of transfer of ownership, give the buyer awritten notice that the vehicle is a flood vehicle. At the time of the nextapplication for certificate of title for the vehicle, disclosure of the floodstatus shall be provided to the county clerk with the properly assigned titleand the word "flood" shall be conspicuously branded across the frontof the new title.

 

(m) In the case of a leased motor vehicle, the lessee, withinthirty (30) days of the occurrence of the event that caused the vehicle tobecome a flood vehicle, shall give the lessor written disclosure that thevehicle is a flood vehicle.

 

(n) Any vehicle that is titled pursuant to this section may bereregistered if the owner complies with the provisions of this section and W.S.31-2-108. Any vehicle branded "salvage" as a result of hail or theftwith no damage, other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and that brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processand may be reregistered pursuant to this act after obtaining a Wyoming titlebranded "salvage" or "rebuilt", as applicable.

 

31-2-108. Rebuilt salvage vehicles; titles; requirements.

 

(a) Repealed by Laws 2009, Ch. 16, 4.

 

(b) The certificate of title and the rebuilt salvage decalstating "rebuilt salvage vehicle" shall meet security standardsminimizing the opportunity for fraud.

 

(c) A motor vehicle owner submitting an application for arebuilt salvage vehicle decal shall be required to provide a completed documentapproved by the department identifying the vehicle's damage prior to beingrepaired, a copy of the original certificate of title branded"salvage" and the name and address of the person who repaired orrebuilt the vehicle. The owner shall also include an affirmation that theinformation in the declaration is complete and accurate and, to the knowledgeof the declarant, no stolen parts were used during the rebuilding. Vehiclesfor which the certificate of title issued by another jurisdiction is clearlybranded or declared as "salvage" due to hail or theft with no damage,other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and the brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processfor registration purposes and may be reregistered pursuant to this act afterobtaining a Wyoming title branded "salvage" or "rebuilt" asapplicable, or in the case of a vehicle damaged by hail or theft with nodamage, other than cosmetic, by submitting to the county clerk a statement froma properly licensed Wyoming vehicle dealer or a licensed insurance adjusterthat the damage is cosmetic only.

 

(d) After the owner of a motor vehicle for which a certificateof title branded "salvage" has been issued pursuant to this act,provides the information required under subsection (c) of this section to thedepartment, the department shall provide to the owner a secure decal whichshall comply with the permanency requirements of the department, stating"rebuilt salvage vehicle". The owner shall apply the decal to thedriver's door jamb of the vehicle prior to having the vehicle inspected by aWyoming law enforcement officer for the vehicle identification number and toensure the decal has been properly affixed. On a motorcycle, the owner shallapply the decal opposite the vehicle identification number on the fork crown ina manner that does not obscure the vehicle identification number, prior tohaving the motorcycle inspected by a Wyoming law enforcement officer for thevehicle identification number and to ensure the decal has been properlyaffixed. The owner shall pay the fee specified in W.S. 31-3-102(b) for theinspection.

 

(e) The owner of a motor vehicle for which a certificate oftitle branded "salvage" has been issued may apply for a certificateof title branded "rebuilt" by presenting to the county clerk thecertificate of title, properly assigned, if applicable, together with thedepartment certificate signed by a Wyoming law enforcement officer who hasinspected the vehicle for the vehicle identification number and to ensure thedecal required under subsection (d) of this section has been properly affixed.Upon proper application and payment of fees for a certificate of title asprovided under W.S. 31-3-102(a)(vii), a certificate of title branded "rebuilt"shall be issued to the owner.

 

(f) Repealed By Laws 2003, Ch. 31, 2.

 

(g) Repealed By Laws 2003, Ch. 31, 2.

 

(h) Repealed By Laws 2003, Ch. 31, 2.

 

(j) Repealed By Laws 2003, Ch. 31, 2.

 

(k) Repealed By Laws 2003, Ch. 31, 2.

 

(m) Repealed By Laws 2003, Ch. 31, 2.

 

(n) Repealed By Laws 2003, Ch. 31, 2.

 

(p) If a damaged vehicle is rebuilt and the owner is issued acertificate of title branded "rebuilt", the owner shall register thevehicle as required under W.S. 31-2-201, unless the owner is a licensed vehicledealer under chapter 16 of this title and the vehicle was rebuilt for resale tothe public. If the person registering the rebuilt vehicle is the person underwhose name the vehicle was previously registered and the annual registrationyear for the vehicle prior to being damaged has not expired at the time ofapplication under this section, a credit shall be issued for the remainder ofthe current annual registration year for the vehicle to be applied against anyregistration fees due for registration of the vehicle for the same period.

 

31-2-109. Disclosure requirements.

 

(a) When any dealer in this state or motor vehicle owner who isnot a dealer knowingly offers for sale or trade a motor vehicle which carries atitle branded pursuant to this article, the dealer or owner shall disclose on aform prescribed by the department to any prospective purchaser, prior to saleor trade, the nature of the title brand.

 

(b) The notification form to be prescribed by the departmentshall have a statement indicating the buyer has been provided notice of thebrand on the title. The seller shall require the buyer to sign the notificationform prior to completing a sales transaction on a motor vehicle that carries abranded title. The seller shall retain a copy of the signed notification form.

 

(c) Failure of the seller to procure the buyer'sacknowledgement signature shall render the sale voidable at the election of thebuyer. The election to render the sale voidable shall be in writing and deliveredto the seller not later than thirty (30) days after the certificate of title isissued in the buyer's name.

 

(d) Nothing in this act shall prevent the buyer from voidingthe sale if there is evidence that the buyer failed to receive the branded title,or a copy of the branded title, or any other notification indicating the titlebore any brand at the time of purchase, regardless of when the title was issuedin the buyer's name. The election to render the sale voidable shall be inwriting and delivered to the seller not later than thirty (30) days after thebuyer first receives knowledge that the title carries a brand. This paragraphshall apply only if there is evidence that the seller knowingly failed tonotify the buyer with the intent to defraud the buyer.

 

31-2-110. Violations; penalties.

 

(a) Any dealer or a person holding legal certificate of titleto a motor vehicle who fails to obtain a proper certificate of title for asalvage vehicle as required under W.S. 31-2-107 within thirty (30) days of thereceipt of the transferor's correctly endorsed title is guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00),imprisonment for not more than six (6) months, or both.

 

(b) Any dealer or a person who holds legal certificate of titleto a nonrepairable, rebuilt salvage or flood vehicle who knowingly fails todisclose to a potential buyer that the vehicle being sold is a nonrepairable,rebuilt salvage or flood vehicle is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. A second or subsequent violation underthis subsection shall be subject to a fine of not more than one thousand fivehundred dollars ($1,500.00), imprisonment for not more than one (1) year, orboth. In addition, if a dealer is convicted of a second or subsequent violationunder this subsection within two (2) years, he may be subject to an injunction.The department or the district attorney of the county in which the violationoccurred may petition the court for an injunction to prohibit the dealer fromselling vehicles in this state for a period of not more than one (1) year.

 

ARTICLE 2 - REGISTRATION

 

31-2-201. Registration required; timelines.

 

(a) Except as provided in W.S. 31-2-224, every owner, or ifapplicable, operator or lessee, of a vehicle which will be operated or drivenupon any highway in Wyoming, shall be required to obtain registration at thefollowing times:

 

(i) Annually not later than the last day of the annualregistration month. Applications may be by mail;

 

(ii) Upon transfer of ownership of a vehicle:

 

(A) Within forty-five (45) days if transferred and temporarylicense permits issued by a licensed dealer;

 

(B) Within forty-five (45) days if transferred by anout-of-state dealer, regardless of when the out-of-state temporary permitexpires;

 

(C) Within forty-five (45) days if transferred under theprovisions of W.S. 31-2-104(h). Vehicles may be operated by the transfereeduring this forty-five (45) day period when accompanied by a notarized bill ofsale;

 

(D) Within thirty (30) days for other transfer. Vehicles may beoperated by the transferee during this thirty (30) day period when accompaniedby a properly executed title for the vehicle transferring interest in thevehicle to the transferee.

 

(iii) Upon becoming a resident in the case of a previousnonresident owner;

 

(iv) Notwithstanding paragraph (iii) of this subsection,immediately when the vehicle is being operated by a person not from this statefor transportation to or from, or for the purpose of gainful employment or anytrade, profession or occupation within this state.

 

(A) Repealed by Laws 2009, Ch. 16, 4.

 

(B) Repealed by Laws 2009, Ch. 16, 4.

 

(C) Repealed by Laws 2009, Ch. 16, 4.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) Repealed by Laws 2009, Ch. 16, 4.

 

(e) Repealed by Laws 2009, Ch. 16, 4.

 

(f) Repealed by Laws 2009, Ch. 16, 4.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) Repealed by Laws 2009, Ch. 16, 4.

 

(j) Any nonresident owner, lessee or operator of a vehicle thatis not a commercial vehicle, who is employed in this state on a temporary orfull-time basis may choose to purchase a temporary worker registration permitfrom the county treasurer in lieu of registering the vehicle pursuant toparagraph (a)(iv) of this section and paying the fees pursuant to W.S.31-3-101, provided the vehicle displays a valid registration and license platefrom another jurisdiction and is properly insured. Application for thetemporary worker registration permit shall be made to the county treasurer inthe manner and form prescribed by the department and shall be submitted withproof of valid insurance. The temporary worker registration permit shall bear adistinctive number assigned to the vehicle, an expiration date and at all timesbe prominently displayed and clearly visible on the vehicle in a mannerprescribed by the department. Fees collected under this subsection shall bedeposited in the county general fund. The fee for a temporary workerregistration permit shall be fifty dollars ($50.00) per each month of requiredregistration, and shall not exceed one hundred twenty (120) days per vehicle.

 

(k) W.S. 31-2-225 notwithstanding, upon compliance with W.S.39-15-107(b) and 39-16-107(b), if applicable, an owner of a commercial vehiclethat is not a Wyoming based commercial vehicle as defined by W.S.31-18-201(a)(vi), a nonresident owner of a vehicle not employed in this state,or any owner upon transfer of ownership or lease, may, as an alternative toregistration, obtain one (1) temporary registration permit in a twelve (12)month period authorizing operation of the vehicle on the highways of this statefor a period not to exceed ninety (90) days from the date of issuance of thetemporary registration permit. Any registration issued under this section shallbear a distinctive number assigned to the vehicle, an expiration date and atall times be prominently displayed and clearly visible on the vehicle in themanner prescribed by the department. Application for a temporary registrationpermit shall be made to the county treasurer in the manner and form prescribedby the department. A temporary registration permit under this subsection shallbe considered an initial registration under W.S. 31-1-101(a)(xxx). The fee forthe temporary registration permit shall be an amount equal to the followingfractions of the annual registration fees for the vehicle required under W.S.31-3-101:

 

(i) Up to thirty (30) days at one-tenth (.10);

 

This section is effective January 1, 2010.

 

 

(ii) Up to sixty (60) days at two-tenths (.20);

 

This section is effective January 1, 2010.

 

 

(iii) Up to ninety (90) days at three-tenths (.30).

 

This section is effective January 1, 2010.

 

 

(m) A one time "in transit" permit may also bepurchased for a fee of twenty dollars ($20.00) per vehicle, which entitles aperson who obtains a vehicle from any person, other than a licensed Wyomingvehicle dealer, to operate the vehicle on the highways of Wyoming withoutregistration, only for the purpose of removing the vehicle from the statewithin a period of forty-eight (48) hours from the date of the permit. Theapplicant for this permit shall be required to provide any documentationnecessary, including proof of insurance, to satisfy the county treasurer thatthe applicant has the lawful right to the vehicle. The permit shall expireforty-eight (48) hours after issuance, or upon leaving the state. The permitshall bear a distinctive number assigned to the vehicle, an expiration date andshall at all times be prominently displayed and clearly visible on the vehiclein a manner prescribed by the department.

 

(n) A vehicle which is not included as part of a licenseddealer's inventory, is not currently registered in this state or any otherjurisdiction and is required to be registered if operated on the publichighways of this state may be operated for demonstration purposes, without aload, on the public highways of this state while displaying a demonstrationpermit. The permit shall be obtained from the department, agent or anyauthorized person by the department, upon application, presentation of a validcertificate of title and payment of the prescribed fee. The permit shallindicate the dates of demonstration, not exceeding ninety-six (96) hours, andsuch other information as the department prescribes. The department shallprescribe the manner in which the permit shall be displayed.

 

31-2-202. Renumbered as 31-18-201 by Laws 1993, ch. 68, 3.

 

31-2-203. Reciprocal agreements and exemptions.

 

 

(a) The department may negotiate reciprocal agreements withappropriate officials of any other jurisdiction, in which nonresidents of thisstate shall be exempt from Wyoming vehicle registration fees in exchange forequivalent exemptions from like fees imposed by the other jurisdictions onresidents of this state.

 

(b) The department shall determine from time to time and adviseeach Wyoming motor vehicle registration and fee collecting official or otherperson and each state agency charged with enforcing motor vehicle statutes ofWyoming of the name of each state contiguous to Wyoming which has granted orsubsequently grants for the benefit of affected Wyoming motor vehicle ownersreciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of thissection, together with the nature and extent of each reciprocal grant by theother state, and shall likewise advise of the name of each jurisdiction withwhich the department has entered into a reciprocal agreement together with thenature and extent of the reciprocal grants made.

 

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

 

31-2-204. Issuance of certificates of registration and license platesby county; form.

 

(a) Upon receipt of an approved application and payment of feesthe county treasurer shall issue to the applicant a certificate of registrationconforming with the facts set forth in the application together with one (1)license plate or validation sticker for motorcycles, multipurpose vehicles,trailers, including house trailers, and vehicles operated with dealer licenseplates and two (2) license plates or proper validation stickers for any othervehicle. A copy of the certificate of registration shall be carried at alltimes in the motor vehicle for which it is valid and shall be displayed upondemand of any peace officer.

 

(b) Except as otherwise provided, license plates shall be ofmetal not less than twelve (12) inches long in the left-hand end of which shallbe arabic numerals for the county in which issued, followed by the buckinghorse and rider emblem and a distinctive number assigned to the vehicle, setforth in numerals and letters as determined by the department and above orunderneath such numerals shall be the word "Wyoming" and arabicnumerals for the year of issue or validation. License plates issued to dealersand for state or federal official forestry vehicles, motorcycles, multipurposevehicles and trailers shall contain appropriate identification which may be inlieu of the bucking horse and rider emblem. License plates shall be changed orvalidated annually. There shall be a marked contrast between the color of theplate and that of the numerals and letters and the background of all platesshall be fully reflectorized. Plates for light utility trailers under onethousand (1,000) pounds, motorcycles and multipurpose vehicles shall not beless than three (3) inches wide and six (6) inches long. Antique license platesshall bear no date and shall bear the inscription "Pioneer Wyo".License stickers for trucks and trailers used by any farmer or rancher for thetransportation of livestock, feed or unprocessed agricultural products ownedand produced by the farmer or rancher from the place of production to marketand of ranch supplies intended solely for the use of the farmer or rancher, andnot for sale, on the return trip, and not for the transportation of goods andpersons for hire shall bear the inscription "Farm". Upon applicationto the department and payment of a fee as provided by W.S. 31-3-102(a)(xix),veteran license stickers bearing the inscription "Veteran" anddesignating the conflict service of the veteran may be issued to the veterans'commission in a format approved by the department. The veterans' commission maysell the veteran license sticker to qualified veterans at a fee not to exceedcost, plus ten dollars ($10.00) per vehicle. Any fees collected by theveterans' commission under this subsection shall be deposited in the veterans'commission expendable trust fund. The veterans' commission shall establisheligibility criteria for veterans applying for a veteran license sticker. Aqualified veteran purchasing a veteran license sticker manufactured by thedepartment and sold by the veterans' commission may display the sticker on thelicense plate issued by the county treasurer. The provisions of W.S.31-2-205(a)(iv) shall not apply to any veteran license sticker manufactured bythe department and displayed as provided in this section.

 

(c) The distinctive license plate numbers shall begin with one(1) and be numbered consecutively in each county. In ordering license platesthe department may from year to year change the location of the figures, wordsand letters or validation sticker as deemed necessary.

 

(d) For the purposes of this section, the several counties ofthe state shall be numbered as follows: Albany-5, Big Horn-9, Campbell-17,Carbon-6, Converse-13, Crook-18, Fremont-10, Goshen-7, Hot Springs-15,Johnson-16, Laramie-2, Lincoln-12, Natrona-1, Niobrara-14, Park-11, Platte-8,Sheridan-3, Sublette-23, Sweetwater-4, Teton-22, Uinta-19, Washakie-20,Weston-21, and new counties shall be assigned numbers by the department as theymay be formed, beginning with the number 24.

 

31-2-205. Display of license plates.

 

(a) License plates for vehicles shall be:

 

(i) Conspicuously displayed and securely fastened to be plainlyvisible:

 

(A) One (1) on the front of the vehicle, excluding motorcycles,multipurpose vehicles, trailers (including house trailers), vehicles operatedwith demo, full use or manufacturer license plates issued pursuant to W.S.31-16-125, street rods registered pursuant to W.S. 31-2-226 and custom vehiclesregistered pursuant to W.S. 31-2-227, provided that such custom vehicles weremanufactured prior to 1968 or were originally manufactured to have one (1)license plate;

 

(B) One (1) on the rear of the vehicle.

 

(ii) Secured to prevent swinging;

 

(iii) Attached in a horizontal position no less than twelve (12)inches from the ground;

 

(iv) Maintained free from foreign materials and in a conditionto be clearly legible.

 

(b) Repealed by Laws 1991, ch. 37, 1.

 

31-2-206. Annual renewal; delivery of license plates and stickers;staggered registration.

 

(a) Except as otherwise provided vehicle registrations expireon the last day of the annual registration month. Renewals are effective forone (1) year beginning the first day of the month following the annualregistration month. The initial registration for a vehicle in this stateexpires on the last day of the annual registration month in the followingyear. Except as provided in subsection (h) of this section, nothing in thissection prohibits an owner from registering a vehicle for more than twelve (12)but less than twenty-four (24) months.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) License plates or stickers may be delivered by mail if theapplicant so desires. The cost of mailing license plates or stickers may berequired to be paid by the applicant.

 

(d) Unless reassigned to a like vehicle of the same owner inthe manner and form prescribed by the department, license plates or stickersissued during any calendar year shall only be used on the vehicle for whichissued through the last day of the annual registration month for the vehicle inthe succeeding calendar year.

 

(e) Notwithstanding any other provision of law, any vehiclelawfully registered in this state on December 31, 1989, may be operated on thehighways of this state through March 31, 1990. For calendar year 1990 only andnot later than March 31, 1990, all persons renewing the registration ofvehicles which were registered in this state as of December 31, 1989, shallregister them subject to the following schedule, except in counties in whichthe county treasurer elects to register vehicles under subsection (h) of thissection:

 

Last Digit of License

 

Month of Registration Registration number:

 

January 1

 

February 2

 

March 3

 

April 4

 

May 5

 

June 6

 

July 7

 

August 8

 

September 9

 

October 0

 

(f) For registration from January 1, 1990, through March 31,1990, required under subsection (e) of this section, county and stateregistration fees shall be prorated so that:

 

(i) Persons required to register after March 31 may pay onlyfor the months before which the next registration is due; and

 

(ii) Persons shall otherwise pay for one (1) year plus thenumber of months necessary for licensing through the month in which the nextregistration is due.

 

(g) Any person who registers two (2) or more vehicles mayselect one (1) currently existing annual registration month for all of thosevehicles. Notwithstanding W.S. 31-1-101(a)(xxx)(B), any person who elects toregister vehicles under the provisions of this subsection may thereafter applyto the county treasurer to have the same annual registration month apply tosubsequently acquired vehicles. When electing to establish the sameregistration period for all vehicles, the owner shall pay the current annualregistration fee plus one-twelfth (1/12) of that annual fee for each additionalmonth necessary to extend the registration to the registration period underwhich all the vehicles will be registered. No depreciation shall be allowedfor the required additional months. Thereafter, all the vehicles shall beregistered on an annual basis.

 

(h) If a county treasurer with the approval of the board ofcounty commissioners elects to register vehicles under this subsection, theannual registration month for all vehicles shall be December and except forvehicles registered during calendar year 1992 and each year thereafter, thelicense plates or stickers issued for any calendar year under this subsectionshall only be used for the vehicle for which issued through the last day ofMarch of the succeeding calendar year. For vehicles registered during calendaryear 1992 and each year thereafter, the license plates or stickers issued forany calendar year under this subsection shall only be issued for use throughthe last day of February of the succeeding calendar year. W.S.31-1-101(a)(xxx)(A) and (B) do not apply if an election is made under thissubsection. A county treasurer with the approval of the board of countycommissioners may subsequently elect to follow the procedure in subsections (e)through (g) of this section for any succeeding calendar year by notifying thedepartment not later than April 1 of the year preceding the year for which theelection is made and providing adequate publicity to county residents about theelection. If any election is made to follow the procedure in subsections (e)through (g) of this section, credit shall be given for registration fees paidthrough December 31 of the year for which the election is made. If a countytreasurer follows the procedure under subsections (e) through (g) of thissection, no subsequent election shall be made. No election under thissubsection shall be made for a calendar year in which new license plates shallbe issued.

 

(j) Repealed by Laws 2009, Ch. 16, 4.

 

(k) Dealer demo, full use and manufacturer license plates arevalid for one (1) year beginning the first day of the month following theannual registration month provided the dealer or manufacturer holds a valid licensepursuant to W.S. 31-16-104 and the dealer or manufacturer license is notsuspended, revoked, cancelled or expired. The dealer or manufacturer licenseplates shall expire upon the date of any revocation, suspension, cancellationor expiration of the dealer or manufacturer license. Any and all licenseplates expired pursuant to this paragraph shall be immediately returned to thedepartment upon expiration.

 

(m) Repealed by Laws 2009, Ch. 16, 4

 

31-2-207. Publicly owned vehicles.

 

Uponapplication the department shall issue distinctive license plates indicatingpublic ownership for vehicles owned by the United States, state of Wyoming, acounty, city, town or political subdivision of Wyoming or a joint powers boardunder W.S. 16-1-101 through 16-1-109. A distinctive license plate under thissection may be issued to any public entity specified in this section, providedthat the public entity or another public entity specified in this section ownsthe vehicle and the public entity applying for the distinctive license platehas the authority to possess and operate the vehicle in fulfillment of itspublic purpose. Upon presentation of proper credentials and identification ofthe applicant the department shall issue license plates not disclosing public ownershipof a vehicle to investigative agencies of Wyoming and the criminalinvestigative agencies of the department of justice, department of defense anddepartment of the treasury of the United States and the records of thedepartment shall not disclose the public ownership of the vehicles.


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title31 > Chapter2

CHAPTER 2 - TITLE AND REGISTRATION

 

ARTICLE 1 - CERTIFICATES OF TITLE

 

31-2-101. Required application.

 

 

(a) Except as provided by W.S. 31-2-102 and pursuant to W.S.31-1-101(a)(xxi)(A) through (G), every owner of a vehicle for which no Wyomingcertificate of title has been issued to the owner or the transferee upontransfer of ownership of a vehicle for which a Wyoming certificate of title isrequired, shall apply for a certificate of title at the office of a countyclerk, or if available, electronically, within the same time periods asrequired by W.S. 31-2-201(a)(ii) and (iii).

 

(b) Every owner or transferee upon transfer of ownership of anyvehicle that has an identifying number pursuant to W.S. 31-1-101(a)(ix),including off-road recreational or multipurpose vehicles and, for the purposeof titling under this section, including snowmobiles and watercraft, shallapply for a certificate of title at the office of a county clerk.

 

31-2-102. Exemptions.

 

(a) No certificate of title shall be issued for:

 

(i) Vehicles owned by the United States;

 

(ii) Implements of husbandry, except multipurpose vehicles thatqualify as implements of husbandry;

 

(iii) Vehicles of nonresident owners titled in another state;

 

(iv) Repealed by Laws 2009, Ch. 16, 4.

 

(v) Repealed by Laws 1993, ch. 16, 2.

 

(vi) Repealed by Laws 2009, Ch. 16, 4.

 

31-2-103. Contents of application; signature; vehicle identificationnumber; issuance of certificate.

 

(a) Applications for paper certificates of title or electroniccertificates of title, if available, shall be under oath and contain or beaccompanied by:

 

(i) The name and address of the owner and the person to whomthe certificate of title is to be delivered;

 

(ii) A description of the vehicle including make, vehicleidentification number, type of body and motive power;

 

(iii) If a new vehicle purchased from a properly licensed dealerin any other state or a properly licensed Wyoming new vehicle dealer, asdefined by W.S. 31-16-101(a)(xviii)(A):

 

(A) The manufacturer's certificate of origin indicating thedate of sale to and the name of the first person receiving it from themanufacturer and a certification the vehicle was new when sold by themanufacturer, however, no person shall transfer ownership of a vehicle from amanufacturer's statement of origin or a manufacturer's certificate of originunless the person is the manufacturer of the vehicle or a properly licenseddealer for that state and who holds a valid sales and service agreement fromthe manufacturer of the vehicle;

 

(B) Certification by the properly licensed dealer that thevehicle was new when sold to the applicant; and

 

(C) A statement from the dealer indicating the manufacturer'ssuggested retail price (MSRP) for the make, model and trim level of the vehiclesold.

 

(iv) Certification of applicant's ownership and any liens orencumbrances upon the vehicle;

 

(v) The current title containing an assignment and warranty oftitle, if applicable, and an affidavit by the seller, either separate orcontained on the current title, which shall contain a reference to the federalregulations stating that failure to complete or providing false information mayresult in fines and imprisonment and may include a department approvedstatement in substantially the following form: "I state that the odometernow reads .... miles (no tenths) and to the best of my knowledge that itreflects the actual mileage of the vehicle described herein unless one (1) ofthe following statements is checked: A. I hereby certify that to the best of myknowledge the odometer reading reflects the amount of mileage is in excess ofits mechanical limits; B. I hereby certify that the odometer reading is NOT theactual mileage. WARNING-ODOMETER DISCREPANCY", to be retained by thecounty clerk upon issuance of a new title. This paragraph shall not apply tovehicles not originally manufactured with an odometer;

 

(vi) In the case of a vehicle registered or titled in a stateother than Wyoming, or any homemade vehicle, rebuilt vehicle, reconstructedvehicle, any vehicle assembled from a kit or any vehicle for which a bond isrequired, a current statement made by a Wyoming law enforcement officer, orlicensed Wyoming dealer only for vehicles in his inventory or possession, thatthe vehicle identification number on the vehicle has been inspected and thatthe inspection occurred in Wyoming and certifying the correct vehicleidentification number displayed on the vehicle. Any licensed Wyoming dealerperforming an inspection of a vehicle identification number under this sectionshall, in addition to the requirements of this act, do so pursuant to W.S.31-11-108. In the case of a vehicle not in Wyoming, the vehicle identificationnumber may be inspected and certified on a form approved by the department ifthe inspection is made by an authorized law enforcement officer of a city,county or state law enforcement agency or a commissioned officer at a federalmilitary installation or any other person authorized to do so by law anddelivered to the county clerk in the county where the application forcertificate of title is made along with payment for the inspection fee requiredunder W.S. 31-3-102(b)(iv);

 

(vii) Factory price, or in lieu thereof, the valuation asprescribed by W.S. 31-3-101(c);

 

(viii) Repealed by Laws 2001, Ch. 72, 3.

 

(ix) Such other information as required by the department orcounty clerk which may include but not be limited to a vehicle bill of sale orsimilar document, any documentation necessary to verify proof of ownershipincluding an affidavit for proof of ownership or any surety bond required bythis act. Any affidavit for proof of ownership shall be prescribed pursuant toW.S. 31-1-201(d) and shall be utilized by each county of this state;

 

(x) A Wyoming certificate of title shall contain an appropriatenotice whenever records readily accessible to the state indicate that the motorvehicle was previously issued a title or registration from any jurisdictionthat bore any word or symbol signifying that the vehicle was"salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood. Any information concerning amotor vehicle's status shall also be conveyed on any subsequent title issuedfor the vehicle by this state, including a duplicate or replacement title.

 

(b) If the application for title is for a vehicle purchasedfrom a properly licensed Wyoming dealer, the application may be signed by thedealer, include a statement of transfer by the dealer and of any lien retainedby the dealer. Only a properly licensed Wyoming dealer may sign a statement oftransfer.

 

(c) If a vehicle to be titled has no vehicle identificationnumber, the applicant shall apply for and obtain a number from the departmentpursuant to W.S. 31-11-105.

 

(d) Upon receipt of an application and payment of fees anycounty clerk shall, if satisfied that the applicant is the owner of the vehiclefor which application for certificate of title is made, issue a papercertificate of title or electronic certificate of title, if available, upon aform or electronic format, approved by and provided at cost to the county clerkby the department in the name of the owner bearing the signature and seal ofthe county clerk's office. The county clerk shall not deliver a certificate oftitle issued under this section until presentation of a receipt for payment ofsales or use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b). If a lien isfiled with respect to the vehicle, the county clerk shall, within three (3)business days, deliver a copy of the filed lien and a copy of the issued titleto the financial institution and if available, such delivery may be madeelectronically. Each paper certificate of title or electronic version, shallbear a document control number with county designation and certificate of titlenumber. The title shall be completely filled out giving a description of thevehicle including factory price in a manner prescribed by the department,indicate all encumbrances or liens on the vehicle and indicate the date ofissue. Certificates of title shall contain forms for assignment of title orinterest and warranty thereof by the owner with space for notation of liens andencumbrances at the time of transfer on the reverse side and contain space forthe notarization of a sale or transfer of title. Certificates of title arevalid for the vehicle so long as the vehicle is owned or held by the person inwhose name the title was issued. A certificate of title is prima facie proof ofownership of the vehicle for which the certificate was issued.

 

(e) Notwithstanding subsection (d) of this section, a personregularly engaged in the business of making loans or a supervised financialinstitution, as defined in W.S. 40-14-140(a)(xix), that repossesses a motorvehicle on which it has filed a lien shall not be liable for sales or use taxor for any penalties for nonpayment of the sales or use tax pursuant to W.S.39-15-107(b) or 39-16-107(b) prior to obtaining a title from the county clerkfor that vehicle.

 

(f) Notwithstanding subsection (d) of this section, aninsurance company that acquires ownership of a motor vehicle pursuant to adamage settlement shall not be liable for sales or use tax or for any penaltiesfor nonpayment of the sales or use tax pursuant to W.S. 39-15-107(b) or39-16-107(b) prior to obtaining a title from the county clerk for that vehicle.

 

(g) Any Wyoming law enforcement officer who determines from aphysical inspection that the vehicle identification number has been removed,changed, altered or obliterated for any reason, shall proceed pursuant to W.S.31-11-111, unless the vehicle is in the process of obtaining a state assignednumber pursuant to W.S. 31-11-105.

 

31-2-104. Transfer of ownership.

 

(a) Except as otherwise provided in this section, the owner ofa vehicle who sells or transfers his interest in a vehicle for which acertificate of title has been issued shall endorse an assignment and warrantyof title upon the certificate for the vehicle with a statement of all liens andencumbrances thereon, which assignment, warranty and statement shall besubscribed by the owner before a notarial officer and acknowledged thereby inthe manner provided by law, to be dated and delivered to the transferee at thetime of delivering the vehicle. Except as provided in subsection (b) of thissection, the transferee shall present the certificate to a county clerk andapply for a new certificate of title within the same time periods as requiredby W.S. 31-2-201(a)(ii).

 

(i) Repealed By Laws 2003, Ch. 33, 2.

 

(ii) Repealed By Laws 2003, Ch. 33, 2.

 

(iii) Repealed By Laws 2003, Ch. 33, 2.

 

(b) If the transferee is a licensed dealer who holds thevehicle for resale, procures the certificate of title from the transferor andoperates the vehicle only for demonstration purposes under dealer licenseplates, the dealer is not required to obtain a new certificate of title but maytransfer the vehicle by an assignment and warranty of title upon thecertificate of title or department approved statement of transfer form anddeliver the certificate to a subsequent transferee.

 

(c) In the event of a transfer by operation of law of anyinterest in a vehicle as upon an order in bankruptcy or insolvency, executionsale, repossession upon default in the performance of the terms of a lease orsales contract or otherwise than by voluntary act of the person whose title orinterest is transferred, the administrator, receiver, trustee, sheriff,creditor or other representative or successor in interest of the person whoseinterest is transferred shall forward to the county clerk an application for acertificate of title together with a verified or certified statement of thetransfer of interest. The statement shall set forth the reason for theinvoluntary transfer, the interest transferred, the name of the transferee, theprocess or procedure effecting the transfer and other information requested bythe county clerk. Evidence and instruments otherwise required by law to effecta transfer of legal or equitable title to or an interest in a vehicle in suchcases shall be furnished with the statement. If a transfer of title to acreditor is accomplished in accordance with the provisions of this subsection,a creditor retains the right to seek any deficiency balance which may existafter sale, provided the creditor has complied with all applicable law, and thetransfer by itself shall not be considered a strict foreclosure or an electionto retain the collateral in satisfaction of an obligation as provided by W.S.34.1-9-620 and does not affect the debtor's right to redeem the collateralunder W.S. 34.1-9-623. If from the records of the county clerk there appears tobe any lien on the vehicle which was recorded prior to the lien of the creditorapplying for title and which has not been released, the certificate of titleshall contain a statement of the lien. The creditor repossessing and applyingfor title to the vehicle shall notify all persons holding liens on the vehicleby certified mail return receipt requested at least fifteen (15) days prior tofiling the application for title. Any proceeds from the sale, lease or otherdisposition of the vehicle shall be distributed in accordance with theprovisions of W.S. 34.1-9-608.

 

(d) Repealed by Laws 2003, Ch. 33, 2.

 

(e) Repealed by Laws 2001, Ch. 72, 3.

 

(f) Any person knowingly providing false or incompleteinformation on any statement required by this act is guilty of a misdemeanorand upon conviction shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) The requirement under subsection (a) of this section todeliver a certificate of title to a transferee at the time the vehicle isdelivered does not apply to a transferor if:

 

(i) The certificate of title is being held by a bank or otherfinancial institution on the date the vehicle is delivered. The transferorshall then deliver to the transferee a dealer's invoice or a signed, notarizedbill of sale, in substantially the form specified in paragraph (ii) of thissubsection, and the certificate of title shall be delivered to the transfereewithin thirty (30) days from the date of the sale; or

 

(ii) The transferor is an auctioneer of vehicles and transfersthe vehicle in the course of his business as an auctioneer of vehicles orthrough an auctioneer of vehicles. The transferor or auctioneer shall thendeliver the certificate of title to the transferee within thirty (30) days ofthe date of sale and shall deliver to the transferee at the time the vehicle isdelivered a signed, notarized bill of sale in substantially the following form:

 

VEHICLEBILL OF SALE

 

I, (NAME OF TRANSFEROR OR AUCTIONEER), on(date), hereby sell and convey all (my interest the interest of (name ofcurrent owner)) in the following described vehicle: (COLOR, YEAR, MAKE, MODEL,VEHICLE IDENTIFICATION NUMBER) to (NAME OF TRANSFEREE) in exchange for: (salesprice). I hereby state that the certificate of title for the above describedvehicle is held by (NAME OF TRANSFEROR-VEHICLE AUCTIONEER, BANK OR OTHERFINANCIAL INSTITUTION) and that within thirty (30) days, (NAME OF TRANSFEREE)will be provided a properly executed title free of all liens for the vehicleunless otherwise specified in this bill of sale.

 

DATE: _________

 

________________________________________

 

(TRANSFEROR'S ORAUCTIONEER'S SIGNATURE)

 

(BILL OF SALEMUST BE NOTARIZED)

 

(j) If a vehicle is held by two (2) or more persons as jointtenants with right of survivorship clearly stated on the certificate of title,following the death of one (1) of the joint owners a surviving owner may applyto a county clerk for a new certificate of title in the name of the survivoror, if more than one (1) owner survives, jointly in the names of thesurvivors. The application for a new certificate of title shall be accompaniedby a certified copy of the death certificate of the deceased owner. The countyclerk shall issue the new certificate of title as provided in W.S. 31-2-103(d),except that no sales or use tax shall be due when obtaining a certificate oftitle pursuant to this subsection.

 

(k) Notwithstanding the provisions of subsection (j) of thissection, the surviving owner or owners of a vehicle held by joint tenants withthe right of survivorship may transfer ownership without first obtaining atitle in the name of the surviving owner or owners by complying with therequirements of subsection (a) of this section and providing the transfereewith a certified copy of the death certificate of the deceased owner. Anyapplicable sales or use tax shall be paid pursuant to W.S. 39-15-107(b) or39-16-107(b).

 

31-2-105. Duplicate titles; affidavit of vehicle ownership; bond forcertificate of title.

 

(a) Upon loss of a certificate of title, the owner may apply tothe county clerk issuing the original title for a duplicate title. Theapplicant shall file an affidavit describing the loss with the county clerk.Upon payment of fees the county clerk shall issue a duplicate certificate oftitle corresponding to the original certificate and containing the followingnotation prominently displayed in capital letters on the face of thecertificate: "THIS IS A DUPLICATE CERTIFICATE OF TITLE AND MAY BE SUBJECTTO THE RIGHTS OF A PERSON OR PERSONS UNDER THE ORIGINAL CERTIFICATE". Noduplicate certificate shall be issued before the 11th day after the affidavitis filed unless the owner deposits an indemnity bond to the state of Wyomingwith the county clerk as specified in this section.

 

(b) If an applicant for a certificate of title required by thisact is unable to provide the county clerk with a certificate of title thatassigns the prior owner's interest, a notarized bill of sale or other evidenceof ownership that satisfies the county clerk that the applicant owns thevehicle, a certificate of title may be issued only if:

 

(i) The applicant submits an affidavit of vehicle ownership ona form prescribed by the department that shall be signed and sworn before aperson who is authorized to administer oaths and affirmations. The affidavitshall contain:

 

(A) A complete description of the vehicle;

 

(B) A recital of facts and circumstances by which the applicantacquired the ownership and possession of the vehicle including the previousowner's name and address and why the applicant is unable to provide the clerkwith the information required in subsection (b) of this section;

 

(C) A disclosure of any and all security interests, liens orencumbrances that are known to the applicant and that are outstanding againstthe vehicle;

 

(D) A statement that the applicant is the true and lawful ownerof the vehicle and has the right to have a certificate of title issued.

 

(ii) In addition to the affidavit of ownership, the applicantshall furnish the county clerk an indemnity bond as specified by this section.

 

(c) If the vehicle for which the applicant is applying for acertificate of title has a value less than six hundred dollars ($600.00), atitle may be issued without a bond if the applicant presents an affidavit ofvehicle ownership, a notarized bill of sale, a certified, written statement ofthe value from a properly licensed Wyoming vehicle dealer and a vehicleidentification number (VIN) inspection, or any other information the countyclerk may require for proof of ownership, at the time of application.

 

(d) Any bond required by this section shall be executed by asurety duly authorized to carry on business in Wyoming or by individualsureties qualified as provided by W.S. 1-1-104 and 1-1-105. The amount of anybond required under this section shall not be less than double the value of thevehicle determined at the time of the application. If the value of the vehiclecannot be determined from any prior registration or title, the applicant shallprovide the county clerk the value of the vehicle. The value of the vehicleshall be determined by the applicant or the surety from any current nationalappraisal guide, current or past registration if the value is present on anyregistration for the vehicle, or the value may be on certified writtenstatement obtained from a properly licensed Wyoming vehicle dealer. The bondshall be conditioned to indemnify a prior owner, lienholder, subsequentpurchaser, secured creditor or encumbrancer of the vehicle and any respectivesuccessors in interest against expenses, losses or damages, includingreasonable attorney fees, caused by the issuance of the certificate of title orby a defect in or undisclosed security interest upon the right, title andinterest of the applicant in the vehicle.

 

(e) If any person suffers a loss or damage by reason of thefiling or issuance of the certificate of title as provided in this section,such person shall have a right of action to seek relief directly against theapplicant and the surety on the applicant's bond against either of whom theperson damaged may proceed independently of the other, but the aggregateliability of the surety to any or all persons seeking relief shall not exceedthe total amount of the bond.

 

31-2-106. Definitions.

 

(a) As used in W.S. 31-2-106 through 31-2-110:

 

(i) "Flood vehicle" means any motor vehicle that hasbeen submerged in water to the point that rising water has reached over thedoor sill and has entered into the passenger or trunk compartment of thevehicle and the actual dollar amount of the damage would not cause the vehicleto be titled as a salvage vehicle. Disclosure that a motor vehicle has become aflood vehicle shall be made at the time of transfer of ownership and the nextcertificate of title issued after the transfer shall be branded with the word"flood";

 

(ii) "Certificate of title, branded salvage" means amotor vehicle ownership document issued in this state to the owner of a salvagevehicle conspicuously branded with the word "salvage" across thefront of the certificate;

 

(iii) "Rebuilt title" means the certificate of titleissued in this state to the owner of a rebuilt salvage vehicle conspicuouslybranded "rebuilt" across the front of the certificate of title;

 

(iv) "Rebuilt salvage vehicle" means any motor vehiclewhich was previously issued a certificate of title branded "salvage"and has a decal stating "rebuilt salvage vehicle" affixed as requiredby W.S. 31-2-108(d);

 

(v) "Salvage vehicle" means any motor vehicle whichhas been wrecked, destroyed or damaged to the extent that it has been declareda total loss by the insurance company or, in the event an insurance company isnot involved in the settlement of the claim, the total estimated or actual costof parts and labor to rebuild or reconstruct the motor vehicle to itspre-accident condition exceeds seventy-five percent (75%) of the actual retailcash value of the motor vehicle, as set forth in the most current edition ofany nationally recognized automotive appraisal guide or other source approvedby the Wyoming insurance department. The value of repair parts for purposes ofthis paragraph shall be determined by using the current cost of the repairparts to be used in the repair. The labor cost of repairs for purposes of thisparagraph shall be computed by using the hourly labor rate and time allocationsthat are reasonable and customary in the automobile repair industry in thecommunity where the repairs are to be performed.

 

31-2-107. Titles for damaged vehicles; return of certificate of titleand registration for damaged vehicle; replacement title and registration.

 

(a) When a motor vehicle is declared a total loss by theinsurance company or, in the event an insurance company is not involved in thesettlement of the claim, sustains damage in an amount exceeding seventy-fivepercent (75%) of its actual retail cash value, as set forth in any currentedition of a nationally recognized automotive appraisal guide or other sourceapproved by the Wyoming insurance department, the owner or insurance company,if it obtains ownership of the vehicle through transfer of title as a result ofa settlement of an insurance claim, shall forward the properly endorsedcertificate of title to the office of the county clerk that issued thecertificate of title together with an application for a certificate of titlebranded salvage and payment of the fee required under W.S. 31-3-102(a)(vii) toobtain a properly branded certificate of title. When any vehicle accidentreport is required under chapter 5, article 11 of this title, the investigatingofficer shall provide written notice to the owner or operator of the vehicle ofthe requirements under this section.

 

(b) Upon receipt of a certificate of title under subsection (a)of this section, the county clerk shall issue a certificate of title branded"salvage" to the legal owner.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) This section shall not apply to motor vehicles with morethan eight (8) years of service except any vehicle that was previously issued atitle from any state that bore any word or symbol signifying that the vehiclewas "salvage", "unrebuildable", "parts only","scrap", "junk", "nonrepairable","reconstructed", "rebuilt" or any other symbol or word oflike kind, or that it has been damaged by flood, shall obtain a Wyoming title withthe prior brand or any other information concerning the motor vehicle status,carried forward on any subsequent Wyoming title irregardless of years ofservice.

 

(e) This section shall not apply to a commercial vehicle or acommercial vehicle combination used, designed or maintained for transportationof persons for hire, compensation or profit, or designed or used primarily forthe transportation of property for gain or profit including:

 

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

 

(ii) A power unit having three (3) or more axles regardless ofweight, or which is used in combination when the weight of the combinationexceeds twenty-six thousand (26,000) pounds gross vehicle weight.

 

(f) If the owner of a motor vehicle retains the vehicle upon asettlement with an insurance company, and the vehicle has incurred damagerequiring the vehicle to be issued a certificate of title branded"nonrepairable" or "salvage", the owner shall apply for thecertificate of title in his own name with the applicable brand displayed on thecertificate of title before the vehicle is commercially repaired or ownershipof the vehicle is transferred.

 

(g) If an insurance company is not involved in a damagesettlement involving a salvage vehicle, the motor vehicle owner shall apply fora certificate of title branded "salvage", before the vehicle iscommercially repaired or ownership of the vehicle is transferred.

 

(h) If a leased motor vehicle incurs damage requiring thevehicle to be issued a certificate of title branded "salvage", thelessor shall apply for a properly branded certificate of title after beingnotified by the lessee that the vehicle has been damaged. The lessee of thevehicle shall inform the lessor that the leased vehicle has been damaged withinthirty (30) days after the occurrence of the damage.

 

(j) Any person acquiring ownership of a damaged motor vehiclethat meets the definition of a salvage vehicle for which a certificate of titlebranded "salvage" has not been issued shall apply for a certificateof title before the vehicle is further transferred.

 

(k) A seller of a motor vehicle that becomes a flood vehicleshall, at or prior to the time of transfer of ownership, give the buyer awritten notice that the vehicle is a flood vehicle. At the time of the nextapplication for certificate of title for the vehicle, disclosure of the floodstatus shall be provided to the county clerk with the properly assigned titleand the word "flood" shall be conspicuously branded across the frontof the new title.

 

(m) In the case of a leased motor vehicle, the lessee, withinthirty (30) days of the occurrence of the event that caused the vehicle tobecome a flood vehicle, shall give the lessor written disclosure that thevehicle is a flood vehicle.

 

(n) Any vehicle that is titled pursuant to this section may bereregistered if the owner complies with the provisions of this section and W.S.31-2-108. Any vehicle branded "salvage" as a result of hail or theftwith no damage, other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and that brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processand may be reregistered pursuant to this act after obtaining a Wyoming titlebranded "salvage" or "rebuilt", as applicable.

 

31-2-108. Rebuilt salvage vehicles; titles; requirements.

 

(a) Repealed by Laws 2009, Ch. 16, 4.

 

(b) The certificate of title and the rebuilt salvage decalstating "rebuilt salvage vehicle" shall meet security standardsminimizing the opportunity for fraud.

 

(c) A motor vehicle owner submitting an application for arebuilt salvage vehicle decal shall be required to provide a completed documentapproved by the department identifying the vehicle's damage prior to beingrepaired, a copy of the original certificate of title branded"salvage" and the name and address of the person who repaired orrebuilt the vehicle. The owner shall also include an affirmation that theinformation in the declaration is complete and accurate and, to the knowledgeof the declarant, no stolen parts were used during the rebuilding. Vehiclesfor which the certificate of title issued by another jurisdiction is clearlybranded or declared as "salvage" due to hail or theft with no damage,other than cosmetic, or vehicles titled "rebuilt" or"reconstructed" by any other state and the brand is carried forwardon a Wyoming title, are not required to go through the rebuilt title processfor registration purposes and may be reregistered pursuant to this act afterobtaining a Wyoming title branded "salvage" or "rebuilt" asapplicable, or in the case of a vehicle damaged by hail or theft with nodamage, other than cosmetic, by submitting to the county clerk a statement froma properly licensed Wyoming vehicle dealer or a licensed insurance adjusterthat the damage is cosmetic only.

 

(d) After the owner of a motor vehicle for which a certificateof title branded "salvage" has been issued pursuant to this act,provides the information required under subsection (c) of this section to thedepartment, the department shall provide to the owner a secure decal whichshall comply with the permanency requirements of the department, stating"rebuilt salvage vehicle". The owner shall apply the decal to thedriver's door jamb of the vehicle prior to having the vehicle inspected by aWyoming law enforcement officer for the vehicle identification number and toensure the decal has been properly affixed. On a motorcycle, the owner shallapply the decal opposite the vehicle identification number on the fork crown ina manner that does not obscure the vehicle identification number, prior tohaving the motorcycle inspected by a Wyoming law enforcement officer for thevehicle identification number and to ensure the decal has been properlyaffixed. The owner shall pay the fee specified in W.S. 31-3-102(b) for theinspection.

 

(e) The owner of a motor vehicle for which a certificate oftitle branded "salvage" has been issued may apply for a certificateof title branded "rebuilt" by presenting to the county clerk thecertificate of title, properly assigned, if applicable, together with thedepartment certificate signed by a Wyoming law enforcement officer who hasinspected the vehicle for the vehicle identification number and to ensure thedecal required under subsection (d) of this section has been properly affixed.Upon proper application and payment of fees for a certificate of title asprovided under W.S. 31-3-102(a)(vii), a certificate of title branded "rebuilt"shall be issued to the owner.

 

(f) Repealed By Laws 2003, Ch. 31, 2.

 

(g) Repealed By Laws 2003, Ch. 31, 2.

 

(h) Repealed By Laws 2003, Ch. 31, 2.

 

(j) Repealed By Laws 2003, Ch. 31, 2.

 

(k) Repealed By Laws 2003, Ch. 31, 2.

 

(m) Repealed By Laws 2003, Ch. 31, 2.

 

(n) Repealed By Laws 2003, Ch. 31, 2.

 

(p) If a damaged vehicle is rebuilt and the owner is issued acertificate of title branded "rebuilt", the owner shall register thevehicle as required under W.S. 31-2-201, unless the owner is a licensed vehicledealer under chapter 16 of this title and the vehicle was rebuilt for resale tothe public. If the person registering the rebuilt vehicle is the person underwhose name the vehicle was previously registered and the annual registrationyear for the vehicle prior to being damaged has not expired at the time ofapplication under this section, a credit shall be issued for the remainder ofthe current annual registration year for the vehicle to be applied against anyregistration fees due for registration of the vehicle for the same period.

 

31-2-109. Disclosure requirements.

 

(a) When any dealer in this state or motor vehicle owner who isnot a dealer knowingly offers for sale or trade a motor vehicle which carries atitle branded pursuant to this article, the dealer or owner shall disclose on aform prescribed by the department to any prospective purchaser, prior to saleor trade, the nature of the title brand.

 

(b) The notification form to be prescribed by the departmentshall have a statement indicating the buyer has been provided notice of thebrand on the title. The seller shall require the buyer to sign the notificationform prior to completing a sales transaction on a motor vehicle that carries abranded title. The seller shall retain a copy of the signed notification form.

 

(c) Failure of the seller to procure the buyer'sacknowledgement signature shall render the sale voidable at the election of thebuyer. The election to render the sale voidable shall be in writing and deliveredto the seller not later than thirty (30) days after the certificate of title isissued in the buyer's name.

 

(d) Nothing in this act shall prevent the buyer from voidingthe sale if there is evidence that the buyer failed to receive the branded title,or a copy of the branded title, or any other notification indicating the titlebore any brand at the time of purchase, regardless of when the title was issuedin the buyer's name. The election to render the sale voidable shall be inwriting and delivered to the seller not later than thirty (30) days after thebuyer first receives knowledge that the title carries a brand. This paragraphshall apply only if there is evidence that the seller knowingly failed tonotify the buyer with the intent to defraud the buyer.

 

31-2-110. Violations; penalties.

 

(a) Any dealer or a person holding legal certificate of titleto a motor vehicle who fails to obtain a proper certificate of title for asalvage vehicle as required under W.S. 31-2-107 within thirty (30) days of thereceipt of the transferor's correctly endorsed title is guilty of a misdemeanorpunishable by a fine of not more than seven hundred fifty dollars ($750.00),imprisonment for not more than six (6) months, or both.

 

(b) Any dealer or a person who holds legal certificate of titleto a nonrepairable, rebuilt salvage or flood vehicle who knowingly fails todisclose to a potential buyer that the vehicle being sold is a nonrepairable,rebuilt salvage or flood vehicle is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both. A second or subsequent violation underthis subsection shall be subject to a fine of not more than one thousand fivehundred dollars ($1,500.00), imprisonment for not more than one (1) year, orboth. In addition, if a dealer is convicted of a second or subsequent violationunder this subsection within two (2) years, he may be subject to an injunction.The department or the district attorney of the county in which the violationoccurred may petition the court for an injunction to prohibit the dealer fromselling vehicles in this state for a period of not more than one (1) year.

 

ARTICLE 2 - REGISTRATION

 

31-2-201. Registration required; timelines.

 

(a) Except as provided in W.S. 31-2-224, every owner, or ifapplicable, operator or lessee, of a vehicle which will be operated or drivenupon any highway in Wyoming, shall be required to obtain registration at thefollowing times:

 

(i) Annually not later than the last day of the annualregistration month. Applications may be by mail;

 

(ii) Upon transfer of ownership of a vehicle:

 

(A) Within forty-five (45) days if transferred and temporarylicense permits issued by a licensed dealer;

 

(B) Within forty-five (45) days if transferred by anout-of-state dealer, regardless of when the out-of-state temporary permitexpires;

 

(C) Within forty-five (45) days if transferred under theprovisions of W.S. 31-2-104(h). Vehicles may be operated by the transfereeduring this forty-five (45) day period when accompanied by a notarized bill ofsale;

 

(D) Within thirty (30) days for other transfer. Vehicles may beoperated by the transferee during this thirty (30) day period when accompaniedby a properly executed title for the vehicle transferring interest in thevehicle to the transferee.

 

(iii) Upon becoming a resident in the case of a previousnonresident owner;

 

(iv) Notwithstanding paragraph (iii) of this subsection,immediately when the vehicle is being operated by a person not from this statefor transportation to or from, or for the purpose of gainful employment or anytrade, profession or occupation within this state.

 

(A) Repealed by Laws 2009, Ch. 16, 4.

 

(B) Repealed by Laws 2009, Ch. 16, 4.

 

(C) Repealed by Laws 2009, Ch. 16, 4.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) Repealed by Laws 2009, Ch. 16, 4.

 

(d) Repealed by Laws 2009, Ch. 16, 4.

 

(e) Repealed by Laws 2009, Ch. 16, 4.

 

(f) Repealed by Laws 2009, Ch. 16, 4.

 

(g) Repealed by Laws 2009, Ch. 16, 4.

 

(h) Repealed by Laws 2009, Ch. 16, 4.

 

(j) Any nonresident owner, lessee or operator of a vehicle thatis not a commercial vehicle, who is employed in this state on a temporary orfull-time basis may choose to purchase a temporary worker registration permitfrom the county treasurer in lieu of registering the vehicle pursuant toparagraph (a)(iv) of this section and paying the fees pursuant to W.S.31-3-101, provided the vehicle displays a valid registration and license platefrom another jurisdiction and is properly insured. Application for thetemporary worker registration permit shall be made to the county treasurer inthe manner and form prescribed by the department and shall be submitted withproof of valid insurance. The temporary worker registration permit shall bear adistinctive number assigned to the vehicle, an expiration date and at all timesbe prominently displayed and clearly visible on the vehicle in a mannerprescribed by the department. Fees collected under this subsection shall bedeposited in the county general fund. The fee for a temporary workerregistration permit shall be fifty dollars ($50.00) per each month of requiredregistration, and shall not exceed one hundred twenty (120) days per vehicle.

 

(k) W.S. 31-2-225 notwithstanding, upon compliance with W.S.39-15-107(b) and 39-16-107(b), if applicable, an owner of a commercial vehiclethat is not a Wyoming based commercial vehicle as defined by W.S.31-18-201(a)(vi), a nonresident owner of a vehicle not employed in this state,or any owner upon transfer of ownership or lease, may, as an alternative toregistration, obtain one (1) temporary registration permit in a twelve (12)month period authorizing operation of the vehicle on the highways of this statefor a period not to exceed ninety (90) days from the date of issuance of thetemporary registration permit. Any registration issued under this section shallbear a distinctive number assigned to the vehicle, an expiration date and atall times be prominently displayed and clearly visible on the vehicle in themanner prescribed by the department. Application for a temporary registrationpermit shall be made to the county treasurer in the manner and form prescribedby the department. A temporary registration permit under this subsection shallbe considered an initial registration under W.S. 31-1-101(a)(xxx). The fee forthe temporary registration permit shall be an amount equal to the followingfractions of the annual registration fees for the vehicle required under W.S.31-3-101:

 

(i) Up to thirty (30) days at one-tenth (.10);

 

This section is effective January 1, 2010.

 

 

(ii) Up to sixty (60) days at two-tenths (.20);

 

This section is effective January 1, 2010.

 

 

(iii) Up to ninety (90) days at three-tenths (.30).

 

This section is effective January 1, 2010.

 

 

(m) A one time "in transit" permit may also bepurchased for a fee of twenty dollars ($20.00) per vehicle, which entitles aperson who obtains a vehicle from any person, other than a licensed Wyomingvehicle dealer, to operate the vehicle on the highways of Wyoming withoutregistration, only for the purpose of removing the vehicle from the statewithin a period of forty-eight (48) hours from the date of the permit. Theapplicant for this permit shall be required to provide any documentationnecessary, including proof of insurance, to satisfy the county treasurer thatthe applicant has the lawful right to the vehicle. The permit shall expireforty-eight (48) hours after issuance, or upon leaving the state. The permitshall bear a distinctive number assigned to the vehicle, an expiration date andshall at all times be prominently displayed and clearly visible on the vehiclein a manner prescribed by the department.

 

(n) A vehicle which is not included as part of a licenseddealer's inventory, is not currently registered in this state or any otherjurisdiction and is required to be registered if operated on the publichighways of this state may be operated for demonstration purposes, without aload, on the public highways of this state while displaying a demonstrationpermit. The permit shall be obtained from the department, agent or anyauthorized person by the department, upon application, presentation of a validcertificate of title and payment of the prescribed fee. The permit shallindicate the dates of demonstration, not exceeding ninety-six (96) hours, andsuch other information as the department prescribes. The department shallprescribe the manner in which the permit shall be displayed.

 

31-2-202. Renumbered as 31-18-201 by Laws 1993, ch. 68, 3.

 

31-2-203. Reciprocal agreements and exemptions.

 

 

(a) The department may negotiate reciprocal agreements withappropriate officials of any other jurisdiction, in which nonresidents of thisstate shall be exempt from Wyoming vehicle registration fees in exchange forequivalent exemptions from like fees imposed by the other jurisdictions onresidents of this state.

 

(b) The department shall determine from time to time and adviseeach Wyoming motor vehicle registration and fee collecting official or otherperson and each state agency charged with enforcing motor vehicle statutes ofWyoming of the name of each state contiguous to Wyoming which has granted orsubsequently grants for the benefit of affected Wyoming motor vehicle ownersreciprocal exemptions pursuant to W.S. 31-18-201 and subsection (a) of thissection, together with the nature and extent of each reciprocal grant by theother state, and shall likewise advise of the name of each jurisdiction withwhich the department has entered into a reciprocal agreement together with thenature and extent of the reciprocal grants made.

 

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

 

31-2-204. Issuance of certificates of registration and license platesby county; form.

 

(a) Upon receipt of an approved application and payment of feesthe county treasurer shall issue to the applicant a certificate of registrationconforming with the facts set forth in the application together with one (1)license plate or validation sticker for motorcycles, multipurpose vehicles,trailers, including house trailers, and vehicles operated with dealer licenseplates and two (2) license plates or proper validation stickers for any othervehicle. A copy of the certificate of registration shall be carried at alltimes in the motor vehicle for which it is valid and shall be displayed upondemand of any peace officer.

 

(b) Except as otherwise provided, license plates shall be ofmetal not less than twelve (12) inches long in the left-hand end of which shallbe arabic numerals for the county in which issued, followed by the buckinghorse and rider emblem and a distinctive number assigned to the vehicle, setforth in numerals and letters as determined by the department and above orunderneath such numerals shall be the word "Wyoming" and arabicnumerals for the year of issue or validation. License plates issued to dealersand for state or federal official forestry vehicles, motorcycles, multipurposevehicles and trailers shall contain appropriate identification which may be inlieu of the bucking horse and rider emblem. License plates shall be changed orvalidated annually. There shall be a marked contrast between the color of theplate and that of the numerals and letters and the background of all platesshall be fully reflectorized. Plates for light utility trailers under onethousand (1,000) pounds, motorcycles and multipurpose vehicles shall not beless than three (3) inches wide and six (6) inches long. Antique license platesshall bear no date and shall bear the inscription "Pioneer Wyo".License stickers for trucks and trailers used by any farmer or rancher for thetransportation of livestock, feed or unprocessed agricultural products ownedand produced by the farmer or rancher from the place of production to marketand of ranch supplies intended solely for the use of the farmer or rancher, andnot for sale, on the return trip, and not for the transportation of goods andpersons for hire shall bear the inscription "Farm". Upon applicationto the department and payment of a fee as provided by W.S. 31-3-102(a)(xix),veteran license stickers bearing the inscription "Veteran" anddesignating the conflict service of the veteran may be issued to the veterans'commission in a format approved by the department. The veterans' commission maysell the veteran license sticker to qualified veterans at a fee not to exceedcost, plus ten dollars ($10.00) per vehicle. Any fees collected by theveterans' commission under this subsection shall be deposited in the veterans'commission expendable trust fund. The veterans' commission shall establisheligibility criteria for veterans applying for a veteran license sticker. Aqualified veteran purchasing a veteran license sticker manufactured by thedepartment and sold by the veterans' commission may display the sticker on thelicense plate issued by the county treasurer. The provisions of W.S.31-2-205(a)(iv) shall not apply to any veteran license sticker manufactured bythe department and displayed as provided in this section.

 

(c) The distinctive license plate numbers shall begin with one(1) and be numbered consecutively in each county. In ordering license platesthe department may from year to year change the location of the figures, wordsand letters or validation sticker as deemed necessary.

 

(d) For the purposes of this section, the several counties ofthe state shall be numbered as follows: Albany-5, Big Horn-9, Campbell-17,Carbon-6, Converse-13, Crook-18, Fremont-10, Goshen-7, Hot Springs-15,Johnson-16, Laramie-2, Lincoln-12, Natrona-1, Niobrara-14, Park-11, Platte-8,Sheridan-3, Sublette-23, Sweetwater-4, Teton-22, Uinta-19, Washakie-20,Weston-21, and new counties shall be assigned numbers by the department as theymay be formed, beginning with the number 24.

 

31-2-205. Display of license plates.

 

(a) License plates for vehicles shall be:

 

(i) Conspicuously displayed and securely fastened to be plainlyvisible:

 

(A) One (1) on the front of the vehicle, excluding motorcycles,multipurpose vehicles, trailers (including house trailers), vehicles operatedwith demo, full use or manufacturer license plates issued pursuant to W.S.31-16-125, street rods registered pursuant to W.S. 31-2-226 and custom vehiclesregistered pursuant to W.S. 31-2-227, provided that such custom vehicles weremanufactured prior to 1968 or were originally manufactured to have one (1)license plate;

 

(B) One (1) on the rear of the vehicle.

 

(ii) Secured to prevent swinging;

 

(iii) Attached in a horizontal position no less than twelve (12)inches from the ground;

 

(iv) Maintained free from foreign materials and in a conditionto be clearly legible.

 

(b) Repealed by Laws 1991, ch. 37, 1.

 

31-2-206. Annual renewal; delivery of license plates and stickers;staggered registration.

 

(a) Except as otherwise provided vehicle registrations expireon the last day of the annual registration month. Renewals are effective forone (1) year beginning the first day of the month following the annualregistration month. The initial registration for a vehicle in this stateexpires on the last day of the annual registration month in the followingyear. Except as provided in subsection (h) of this section, nothing in thissection prohibits an owner from registering a vehicle for more than twelve (12)but less than twenty-four (24) months.

 

(b) Repealed by Laws 2009, Ch. 16, 4.

 

(c) License plates or stickers may be delivered by mail if theapplicant so desires. The cost of mailing license plates or stickers may berequired to be paid by the applicant.

 

(d) Unless reassigned to a like vehicle of the same owner inthe manner and form prescribed by the department, license plates or stickersissued during any calendar year shall only be used on the vehicle for whichissued through the last day of the annual registration month for the vehicle inthe succeeding calendar year.

 

(e) Notwithstanding any other provision of law, any vehiclelawfully registered in this state on December 31, 1989, may be operated on thehighways of this state through March 31, 1990. For calendar year 1990 only andnot later than March 31, 1990, all persons renewing the registration ofvehicles which were registered in this state as of December 31, 1989, shallregister them subject to the following schedule, except in counties in whichthe county treasurer elects to register vehicles under subsection (h) of thissection:

 

Last Digit of License

 

Month of Registration Registration number:

 

January 1

 

February 2

 

March 3

 

April 4

 

May 5

 

June 6

 

July 7

 

August 8

 

September 9

 

October 0

 

(f) For registration from January 1, 1990, through March 31,1990, required under subsection (e) of this section, county and stateregistration fees shall be prorated so that:

 

(i) Persons required to register after March 31 may pay onlyfor the months before which the next registration is due; and

 

(ii) Persons shall otherwise pay for one (1) year plus thenumber of months necessary for licensing through the month in which the nextregistration is due.

 

(g) Any person who registers two (2) or more vehicles mayselect one (1) currently existing annual registration month for all of thosevehicles. Notwithstanding W.S. 31-1-101(a)(xxx)(B), any person who elects toregister vehicles under the provisions of this subsection may thereafter applyto the county treasurer to have the same annual registration month apply tosubsequently acquired vehicles. When electing to establish the sameregistration period for all vehicles, the owner shall pay the current annualregistration fee plus one-twelfth (1/12) of that annual fee for each additionalmonth necessary to extend the registration to the registration period underwhich all the vehicles will be registered. No depreciation shall be allowedfor the required additional months. Thereafter, all the vehicles shall beregistered on an annual basis.

 

(h) If a county treasurer with the approval of the board ofcounty commissioners elects to register vehicles under this subsection, theannual registration month for all vehicles shall be December and except forvehicles registered during calendar year 1992 and each year thereafter, thelicense plates or stickers issued for any calendar year under this subsectionshall only be used for the vehicle for which issued through the last day ofMarch of the succeeding calendar year. For vehicles registered during calendaryear 1992 and each year thereafter, the license plates or stickers issued forany calendar year under this subsection shall only be issued for use throughthe last day of February of the succeeding calendar year. W.S.31-1-101(a)(xxx)(A) and (B) do not apply if an election is made under thissubsection. A county treasurer with the approval of the board of countycommissioners may subsequently elect to follow the procedure in subsections (e)through (g) of this section for any succeeding calendar year by notifying thedepartment not later than April 1 of the year preceding the year for which theelection is made and providing adequate publicity to county residents about theelection. If any election is made to follow the procedure in subsections (e)through (g) of this section, credit shall be given for registration fees paidthrough December 31 of the year for which the election is made. If a countytreasurer follows the procedure under subsections (e) through (g) of thissection, no subsequent election shall be made. No election under thissubsection shall be made for a calendar year in which new license plates shallbe issued.

 

(j) Repealed by Laws 2009, Ch. 16, 4.

 

(k) Dealer demo, full use and manufacturer license plates arevalid for one (1) year beginning the first day of the month following theannual registration month provided the dealer or manufacturer holds a valid licensepursuant to W.S. 31-16-104 and the dealer or manufacturer license is notsuspended, revoked, cancelled or expired. The dealer or manufacturer licenseplates shall expire upon the date of any revocation, suspension, cancellationor expiration of the dealer or manufacturer license. Any and all licenseplates expired pursuant to this paragraph shall be immediately returned to thedepartment upon expiration.

 

(m) Repealed by Laws 2009, Ch. 16, 4

 

31-2-207. Publicly owned vehicles.

 

Uponapplication the department shall issue distinctive license plates indicatingpublic ownership for vehicles owned by the United States, state of Wyoming, acounty, city, town or political subdivision of Wyoming or a joint powers boardunder W.S. 16-1-101 through 16-1-109. A distinctive license plate under thissection may be issued to any public entity specified in this section, providedthat the public entity or another public entity specified in this section ownsthe vehicle and the public entity applying for the distinctive license platehas the authority to possess and operate the vehicle in fulfillment of itspublic purpose. Upon presentation of proper credentials and identification ofthe applicant the department shall issue license plates not disclosing public ownershipof a vehicle to investigative agencies of Wyoming and the criminalinvestigative agencies of the department of justice, department of defense anddepartment of the treasury of the United States and the records of thedepartment shall not disclose the public ownership of the vehicles.

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