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CHAPTER 7 - DRIVER'S LICENSES

ARTICLE 1 - IN GENERAL

31-7-101. Short title.

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

31-7-102. Definitions.

(a) As used in this act:

(i) "Alcohol" means any substance containing any formof alcohol, including but not limited to, ethanol, methanol, propanol andisopropanol;

(ii) "Alcohol concentration" means:

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

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

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

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

(v) "Commerce" means:

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

(B) Trade, traffic and transportation in the United Stateswhich affects any trade, traffic and transportation in subparagraph (A) of thisparagraph.

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

(vii) "Commercial driver license information system" isthe information system established pursuant to the Commercial Motor VehicleSafety Act of 1986, 49 U.S.C. 31106, to serve as a clearinghouse for locatinginformation related to the licensing and identification of commercial motorvehicle drivers;

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

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

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

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

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

(x) "Controlled substance" includes:

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

(B) Any glue, aerosol or other toxic vapor which when intentionallyinhaled or sniffed results in impairment of an individual's ability to drivesafely.

(xi) "Conviction" means a final conviction and shallinclude:

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

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

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

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

(xii) "Department" means the department oftransportation;

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

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

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

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

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

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

(xix) "Endorsement" means an authorization placed uponan individual's driver's license to permit the individual to operate certaintypes of motor vehicles;

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

(xxi) "Gross combination weight rating (GCWR)" meansthe value specified by the manufacturer as the loaded weight of a combinationvehicle. In the absence of a value specified by the manufacturer, GCWR will bedetermined by adding the gross vehicle weight rating of the power unit and thetotal weight of the towed unit and any load thereon;

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

(xxiii) "Hazardous materials" means as defined in theHazardous Materials Transportation Act, 49 App. U.S.C. 1803(49 U.S.C. 5102);

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

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

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

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

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

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

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

(xxxi) "Other law prohibiting driving while under theinfluence" means a statute of another state, the United States, aterritory or district of the United States or an ordinance of a governmentalentity of this or another state or of an Indian tribe which prohibits drivingwhile under the influence of intoxicating liquor, alcohol, controlledsubstances or drugs;

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

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

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

(xxxv) "Registration" means the registration certificateor certificates and registration plates issued under the laws of this statepertaining to the registration of motor vehicles;

(xxxvi) "Representative vehicle" means a motor vehiclewhich represents the type and class of motor vehicle that the driver applicantoperates or expects to operate;

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

(xxxviii) "Restriction" means a restriction placed on anindividual's license to indicate the driver's eligibility to operate a motorvehicle;

(xxxix) "Revocation" means the termination by formalaction of the division of a person's license or privilege to drive a motorvehicle on the public highways;

(xl) "School bus" means every motor vehicle that isowned by or leased to or registered to a public school district and is used totransport children to or from school or in connection with school activitiesand is designed for and capable of carrying sixteen (16) or more passengers,but not including buses operated by common carriers in transportation of schoolchildren or buses owned by a community college or the University of Wyoming;

(xli) "Serious traffic violation" means:

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

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

(D) Erratic lane changes;

(E) Following the vehicle ahead too closely;

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

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

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

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

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

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

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

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

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

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

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

31-7-103. Administration and enforcement.

(a) The administration of this act shall be exercised by thedepartment which may prescribe forms and reasonable rules and regulations inconformity with this act. The department shall keep records of all moniesreceived and disbursed. The records shall be open to examination by thedirector of the state department of audit or his designee and the auditdivision of the legislative service office. The highway patrol and all peaceofficers of any county or municipality shall aid in the enforcement of thisact.

(b) The department shall perform background checks on allpersons engaged in the manufacture or production of driver's licenses or stateidentification cards including, but not limited to, all persons who have theability to affect identity information appearing on driver's licenses oridentification cards. The background check shall include a verification of anyreferences and a name and fingerprint based criminal history records check. The background check also shall include a check of the federal bureau ofinvestigation's databases and the Wyoming department of criminalinvestigation's database. The department shall by rule and regulationestablish criteria for the qualification of persons permitted to accessdocuments described under this section.

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

31-7-104. Disposition of fees.

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

31-7-105. Administrative hearings.

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

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

(i) Contested cases involving implied consent refusals, per sesuspensions involving a question of law, medical cancellations and denials,accident suspensions, commercial drivers license disqualifications and anyother action as defined by department rule and regulation;

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

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

(d) Except for driving privileges that have been suspended fornonpayment of child support, before suspending, revoking, canceling or denyingthe license or driving privilege of any person under this act or disqualifyinga person from driving a commercial motor vehicle pursuant to W.S. 31-7-305 and31-7-307, the department shall immediately advise the licensee in writing:

(i) Of his right to request a hearing;

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

(iii) If the request for hearing is for any purpose other thanspecified under paragraph (d)(ii) of this section, that the request shall befor a hearing before a hearing examiner within the office of administrativehearings. The request for a hearing before the office of administrativehearings under this paragraph shall be accompanied by a fee of twenty-fivedollars ($25.00).

(e) The licensee has twenty (20) days from the date thedepartment denies the license or gives the notice of intent to suspend, revokeor cancel the license or disqualify the licensee from driving a commercialmotor vehicle within which to request a hearing or the opportunity for ahearing is waived. If the request for a hearing is timely and the request isfor a contested case, the department shall forward the request and certifiedrecord to the hearing examiner who shall schedule a hearing within forty-five(45) days after receipt of the certified record at a time and place specifiedby the hearing examiner. The hearing examiner shall provide the licensee noticeof the hearing at least ten (10) days in advance of the hearing. If thehearing examiner fails to schedule the hearing within forty-five (45) days ofthe request, other than at the request of the licensee, the licensee, as hissole remedy, shall be given credit against any action upheld at the hearing forthe time between the expiration of the forty-five (45) day period and the datethe hearing was first scheduled. The hearing examiner may administer oaths,subpoena and compel the attendance of witnesses or the production of relevantbooks, papers and other evidence reasonably necessary to resolve the mattersunder consideration in accordance with W.S. 16-3-101 through 16-3-115 and mayrequire reexamination of the licensee. The hearing examiner shall issuesubpoenas upon his own motion or upon the request of any party to theproceedings in compliance with the Wyoming Rules of Civil Procedure. Uponhearing, the hearing examiner shall either rescind or uphold the action or upona showing of good cause, may continue or modify a suspension of the license.

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

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

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

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

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

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

(iv) A person whose driving privileges have been suspended for nonpaymentof child support may be granted limited driving privileges for a period not toexceed one hundred twenty (120) days upon request of the individual to thedepartment after receipt of the notice of suspension of driving privilegespursuant to W.S. 20-6-111. A person granted limited driving privileges underthis paragraph shall not be granted an extension of such privileges for twelve(12) months after the limited driving privileges expire unless the person hassubsequently made full payment on his child support obligation in arrears, oris in full compliance with a payment plan approved by the department of familyservices;

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

(A) Revocation;

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

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

(E) A denial under W.S. 31-7-108(b);

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

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

(H) A suspension or denial of a driver's license for violationof W.S. 31-5-234 if the person refused to submit to the required chemical testsunder W.S. 31-6-108.

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

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

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

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

(d) The division shall:

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

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

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

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

31-7-107. Persons exempted.

(a) The following persons are exempt from the licensingrequirement under this act:

(i) Any employee of the United States government whileoperating a motor vehicle owned by or leased to the United States governmentand being operated on official business unless the employee is required by theUnited States government or any agency thereof to have a state driver'slicense;

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

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

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

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

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

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

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

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

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

(a) No driver's license shall be issued to any person who isunder the age of seventeen (17) years, except as provided in W.S. 31-7-110 and31-7-117(c), or unless the person is at least sixteen (16) years of age and hasheld an intermediate permit pursuant to W.S. 31-7-110(g) or a similar permitfrom another jurisdiction for six (6) months and has completed a driverseducation course approved by the appropriate school district, or taught by aperson qualified as a driving instructor pursuant to W.S. 21-2-802(h), asevidenced by a passing grade or certificate.

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

(i) Whose license or nonresident operating privilege iscurrently under suspension or revocation in this or any other state except asotherwise provided in this act;

(ii) Who is an habitual user of alcohol or any controlledsubstance to a degree rendering him incapable of safely driving a motorvehicle;

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

(iv) Who has failed to successfully pass an examination requiredby this act;

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

(vi) Who is in violation of the immigration laws of the UnitedStates;

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

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

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

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

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

31-7-109. Classes of licenses.

(a) Every driver's license issued by the division shall beclassified by the class, type or endorsement of the vehicles the licensee maydrive.

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

(d) Licensing classification plan:

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

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

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

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

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

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

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

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

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

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

(h) The following driver's license endorsements are specialauthorizations permitting the driver to operate certain types of motor vehiclesor transport certain types of cargo if the endorsement is displayed on thedriver license:

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

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

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

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

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

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

(vii) "IIR" authorizes the operation of a vehicleequipped with an ignition interlock device as provided in article 4 of thischapter.

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

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

(a) Any person who is at least fifteen (15) years of age mayapply to the division for an instruction permit. The division, after theapplicant has successfully passed all parts of the examination other than thedriving test, may issue to the applicant an instruction permit which entitlesthe applicant while having the permit in his immediate possession to drive aspecified type or class of motor vehicle for a period of one (1) year whenaccompanied by a person at least eighteen (18) years of age who holds a validdriver's license for the type or class of vehicle being used, who is fit andcapable of exercising control over the vehicle and who is occupying a seatbeside the driver.

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

(c) The division may issue a temporary driver's permit to anapplicant for a driver's license permitting him to drive a specified type orclass of motor vehicle while the division is completing its investigation anddetermination of the facts relative to the applicant's eligibility to receive adriver's license. The permit or receipt for application thereof must be in hisimmediate possession while driving a motor vehicle of the type for which thelicense is to be issued. The permit or receipt is invalid upon expiration orwhen the applicant's license has been issued. If for good cause the issuance ofa license has been refused, any temporary permit becomes invalid and thedivision shall give notice to the permit holder who shall immediately returnthe temporary permit to the division.

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

(e) Any person who holds a valid Wyoming classified driver'slicense may apply to the division for a commercial driver instruction permit. The division may, after the person has successfully passed all requiredexamination, other than the driving skills examination and paid the requiredfee, issue to the person a commercial driver instruction permit, which entitlesthe person to drive a commercial motor vehicle on a highway only whenaccompanied by a person who has a commercial driver's license valid for the typeof vehicle driven and who occupies a seat beside the person for the purpose ofgiving instruction in driving the commercial motor vehicle. The commercialdriver instruction permit may not be issued for a period to exceed one (1) yearand only one (1) renewal may be granted within a two (2) year period.

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

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

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

(i) May not transport more than one (1) passenger under the ageof eighteen (18) who is not a member of the permittee's immediate family unlessaccompanied by a person at least eighteen (18) years of age who holds a validdriver's license for the type or class of vehicle being used and provided thatall occupants of the vehicle are in seats equipped with and are using propersafety belts;

(ii) Shall only be upon a public highway between the hours of5:00 a.m. and 11:00 p.m. unless:

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

(B) Required by medical necessity as evidenced by a signedstatement from medical personnel;

(D) Driving to or from school, a school activity, an organizedyouth sports activity or a religious activity as evidenced by a signedstatement of a parent or guardian; or

(E) Required due to a medical emergency.

(j) A person with an intermediate motorcycle permit shall notoperate the motorcycle with any passenger and shall be subject to therestrictions provided in subparagraph (h)(ii)(B) through (E) of this section.

(k) The division shall suspend for a period of thirty (30) daysthe intermediate operating permit of any person violating any provision ofsubsection (h) or (j) of this section. Records of convictions or licensesuspensions under this subsection shall not be made a part of the abstracts orrecords kept by the department of transportation pursuant to W.S. 31-5-1214 or31-7-120. Any records maintained by the department for administration of thissubsection shall be maintained separately and shall not be available for publicinspection except for inspection by any law enforcement officer or agency toenforce the provisions of this section. Any driver's license suspension orrelated records under this subsection shall not be the basis for any increasein insurance premiums or the cancellation of any insurance policy for a minoror his parents affected by this subsection.

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

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

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

(a) Every application for instruction permit, driver's license,commercial driver's license or commercial driver instruction permit shall bemade upon a form furnished by the division. Every application shall beaccompanied by the proper fee, proof of residence and proof of identity. Proofof identity shall be established by a certified copy of the applicant's birthcertificate, valid unexpired United States passport, consular report of birthabroad, certificate of citizenship, certificate of naturalization, permanentresident card, employment authorization document, foreign passport (with UnitedStates visa affixed and accompanied by an approved document documenting theapplicant's most recent admittance to the United States), state issued driver'slicense or identification card which complies with federal law and applicableregulations, or other document required by the division to establish identitywhere reasons beyond the applicant's control prevent the applicant frompresenting the documents required by this subsection.

(b) The application shall include:

(i) The full legal name and current mailing and residentialaddress of the person;

(ii) A physical description of the person including sex, heightand weight;

(iii) Date of birth;

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

(v) The person's signature;

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

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

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

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

(x) Any other information or documentation required by thedepartment to validate information or identity;

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

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

(e) Whenever the division receives a request for a drivingrecord from another licensing jurisdiction, the record shall be forwarded withoutcharge.

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

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

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

Theapplication of any person under the age of eighteen (18) years for aninstruction permit or driver's license shall be signed by a parent or guardianhaving custody of the applicant. If there is no parent or guardian theapplication may be signed by the circuit court judge of the applicant's countyof residence upon petition to the court and upon a finding by the court thatthe applicant is sufficiently mature to handle the responsibilities of drivinga motor vehicle.

31-7-113. Fees.

(a) The following fees are imposed:

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

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

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

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

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

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

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

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

(ix) Commercial driver's license skills test conducted by thedepartment-------------------------------------------- $40.00

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

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

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

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

(e) Notwithstanding W.S. 31-7-131(c), if a driver's license isreinstated after a period of suspension or revocation, the fee for thereinstatement shall be fifty dollars ($50.00) unless the final decision by thehearing examiner, or a court reverses the action taken by the department. If adriver's license is reinstated after suspension for nonpayment of child supportpursuant to W.S. 20-6-111 or 20-6-112, the fee for reinstatement shall be notmore than five dollars ($5.00).

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

(i) While outside the state, the person surrenders the currentlicense; or

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

31-7-114. Examinations.

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

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

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

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

(f) The department may authorize a person, including an agencyof this or another state, an employer, a private driver training facility orother private institution, or a department, agency or instrumentality of localgovernment including fire departments to administer the skills test specifiedby subsection (a) of this section, provided:

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

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

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

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

(a) Upon the satisfactory completion of any requiredexamination, the division shall issue to every qualifying applicant a driver'slicense, and:

(i) The license shall be tamperproof to the maximum extentpracticable and may include security features as deemed appropriate by thedepartment;

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

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

(A) The class or type of motor vehicle or vehicles which theperson is authorized to drive together with any authorized endorsements orrequired restrictions;

(B) The distinguishing number assigned to the licensee;

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

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

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

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

(G) Date the license is issued;

(H) Date the license expires;

(J) Any other information required by the department to complywith applicable federal law.

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

31-7-116. Carrying and displaying.

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

31-7-117. Restricted licenses.

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

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

(c) The division may issue a restricted class "C" or"M" license, or both such licenses, to a person who is between theages of fourteen (14) and sixteen (16) years upon receipt of application,payment of the proper fees, an affidavit of extreme inconvenience signed by theparent or guardian having custody of the applicant and a finding by the highwaypatrol that extreme inconvenience actually exists. The applicant shallsuccessfully pass the examination required by W.S. 31-7-114. The licensee maydrive a vehicle only between the hours of 5:00 a.m. and 8:00 p.m., within afifty (50) mile radius of his domicile and only at the direction of his parentor guardian. If any person while licensed under this subsection, receives acitation for a moving violation, the division, upon receipt of the notice ofconviction, shall suspend the license and any other license or permitevidencing that person's privilege to operate a motor vehicle. For purposes ofthis subsection "extreme inconvenience" includes the followingcircumstances:

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

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

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

(iv) Any other circumstance which the highway patrol finds is anextreme inconvenience.

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

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

(f) A person who is at least fifteen (15) years of age whoholds a restricted class "C" license may drive beyond the hours andradius specified in subsection (c) of this section if the person is accompaniedby a person who:

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

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

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

(iv) Is occupying a seat beside the driver.

(g) Except as provided in subsection (f) of this section, anylicense issued pursuant to subsection (c) of this section shall only be usedfor the situation creating the extreme hardship and shall only be valid whenaccompanied by and used in conjunction with the statement restriction listingthe circumstances of the extreme inconvenience. The statement of restrictionsis to be issued by the department pursuant to the highway patrol'sinvestigation. Drivers convicted of violating this subsection shall be subjectto the provisions of subsections (d) and (e) of this section.

31-7-118. Replacement license.

Ifa license issued under this act is lost, destroyed or if the licensee desiresto withdraw or insert notice of anatomical organ donation, the person mayobtain the appropriate replacement license upon payment of the proper fee andsurrender of the original license, if available.

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

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

(b) The division shall require every person applying forrenewal of a driver's license to take and successfully pass a test of hiseyesight. The division may require any applicant to take and successfully