Thisact may be cited as the "Motor Vehicle Safety-Responsibility Act".
31-9-102. Definitions.
(a) As used in this act:
(i) Repealed by Laws 1991, ch. 241, 4.
(ii) "Driver" means as defined by W.S. 31-5-102(a);
(iii) "Division" means the division within thedepartment of transportation charged with administration and enforcement ofthis act;
(iv) "Judgment" means any judgment that is finalwithout further appeal. The judgment shall have been rendered by a court ofcompetent jurisdiction of any state or of the United States. The cause ofaction shall result from damages occurring from a motor vehicle accident andmay relate to bodily injury or death of person, or to damage or to loss ofproperty;
(v) "License" means any driver's license, instructionpermit or temporary license issued under the laws of this state pertaining tothe licensing of drivers;
(vi) "Motor vehicle" means as defined by W.S.31-5-102(a);
(vii) "Nonresident" means every person who is not aresident of this state;
(viii) "Nonresident's operating privilege" means theprivilege conferred upon a nonresident by the laws of this state pertaining tothe operation by him of a motor vehicle, or the use of a motor vehicle owned byhim, in this state;
(ix) "Operator" means every person who is in actualphysical control of a motor vehicle;
(x) "Owner" means as defined by W.S. 31-5-102(a);
(xi) "Proof of financial responsibility" meansevidence of ability to respond in damages for liability, resulting fromaccidents occurring subsequent to the effective date of the proof, arising outof the ownership, maintenance or use of a motor vehicle, in the amount oftwenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident, and subject to the limit for one (1)person, in the amount of fifty thousand dollars ($50,000.00) because of bodilyinjury to or death of two (2) or more persons in any one (1) accident, and inthe amount of twenty thousand dollars ($20,000.00) because of injury to ordestruction of property of others in any one (1) accident;
(xii) "Registration" means registration certificate orcertificates and registration plates issued under the laws of this statepertaining to the registration of motor vehicles;
(xiii) "State" means any state, territory or possessionof the United States, the District of Columbia or any province of the Dominionof Canada;
(xiv) "This act" means W.S. 31-9-101 through 31-9-415.
31-9-103. Administration; administrative review.
(a) The administration of this act shall be exercised by thedepartment of transportation which may prescribe forms and reasonable rules andregulations in conformity with this act. The administration of this act may bedelegated by the department to the division.
(b) W.S. 31-7-105 and 31-7-130 apply to all suspensions underthis act.
31-9-104. Disclosure of driving record.
Thedepartment shall adopt rules and regulations concerning disclosure of thedriving record of any person subject to this act.
31-9-105. Return of license and registration to division.
Anyperson whose license or registration is suspended under this act, or whosepolicy of insurance or bond, when required under this act, is cancelled orterminated, or who neglects to furnish other proof upon request of thedivision shall immediately return his license and registration to the division.If any person fails to return to the division the license or registration asrequired, the division shall direct any peace officer to confiscate and returnthe license or registration to the division.
31-9-106. General penalties.
(a) Any person willfully failing to return a license orregistration as required in W.S. 31-9-105, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than thirty (30) days, orboth.
(b) Any person who forges or, without authority, signs anynotice provided for under W.S. 31-9-202 that a policy or bond is in effect, orany evidence of proof of financial responsibility, or who files or offers forfiling any notice or evidence of proof knowing or having reason to believe thatit is forged or signed without authority, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth.
(c) Any person who violates any provision of this act for whichno penalty is otherwise provided shall be fined not more than seven hundredfifty dollars ($750.00), imprisoned not more than ninety (90) days, or both.
31-9-107. Government motor vehicles.
Thisact does not apply with respect to any motor vehicle owned by the UnitedStates, this state or any political subdivision of this state.
31-9-108. Other lawful processes.
Nothingin this act shall be construed as preventing the plaintiff in any action at lawfrom relying for relief upon the other processes provided by law.
31-9-109. Uniformity of laws.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the laws of those states which enact it.
ARTICLE 2 - ACCIDENT REPORT; SUSPENSION OF LICENSE ANDREGISTRATIONS GENERALLY
31-9-201. Repealed by Laws 1989, ch. 173, 2.
31-9-202. Suspension of license and registration after accidentreport; exclusions and security requirements.
(a) Within thirty (30) days after receipt of an investigatingofficer's report of a motor vehicle accident within this state as requiredunder W.S. 31-5-1106 through 31-5-1108 or after a demand for additionalsecurity under W.S. 31-9-207(b), the division shall with respect to each driverand motor vehicle involved in the accident, and except as provided in subsection(b) of this section, suspend:
(i) The Wyoming driver's license of each driver of a motorvehicle required to be registered in this state;
(ii) All Wyoming registrations of each owner whose motor vehicleis required to be registered in this state;
(iii) The nonresident driving privilege of each driver of a motorvehicle required to be registered in this state; and
(iv) The nonresident driving privilege of each owner of a motorvehicle required to be registered in this state.
(b) The suspension in subsection (a) of this section shall beimposed unless the driver, the owner or both file proof of financialresponsibility.
(c) This section does not apply to:
(i) An owner if the owner had in effect at the time of theaccident an automobile liability policy with respect to the motor vehicleinvolved in the accident;
(ii) The driver, if not the owner of the motor vehicle, if therewas in effect at the time of the accident an automobile liability policy orbond with respect to his operation of motor vehicles not owned by him;
(iii) The driver or owner whose liability for damages resultingfrom the accident is, in the judgment of the division, covered by any otherform of liability insurance policy or surety bond;
(iv) Any person qualifying as a self-insurer under W.S.31-9-414; or
(v) The owner or driver, if a personal surety bond is filedwith the division in an amount required by the division under this act with atleast two (2) individual sureties each owning real estate within the state,which real estate shall be scheduled in the bond to be approved by a judge ofthe district court.
(d) No insurance policy or surety bond is effective under thissection unless issued by an insurance company or surety company authorized todo business in this state, except that if the motor vehicle was not registeredin this state, or was a motor vehicle which was registered elsewhere than inthis state at the effective date of the policy or bond, or the most recentrenewal thereof, the policy or bond is not effective under this section unlessthe insurance company or surety company if not authorized to do business inthis state executes a power of attorney authorizing the division to acceptservice on its behalf of notice or process in any action upon the policy orbond arising out of the accident. Every policy or bond shall be subject, if theaccident has resulted in bodily injury or death, to a limit, exclusive ofinterest and costs, of not less than twenty-five thousand dollars ($25,000.00)because of bodily injury to or death of one (1) person in any one (1) accidentand, subject to the limit for one (1) person, to a limit of not less than fiftythousand dollars ($50,000.00) because of bodily injury to or death of two (2)or more persons in any one (1) accident, and, if the accident has resulted ininjury to or destruction of property, to a limit of not less than twentythousand dollars ($20,000.00) because of injury to or destruction of propertyof others in any one (1) accident.
(e) Upon receipt of notice of the accident, the insurancecompany or surety company which issued the policy or bond shall furnish forfiling with the division a written notice that the policy or bond was in effectat the time of the accident. This subsection does not apply to any personholding a motor carrier permit or certificate under W.S. 31-18-209 whofurnishes proof of financial responsibility by filing a certificate ofinsurance under W.S. 31-9-402(a)(i) or a bond under W.S. 31-9-402(a)(ii) if thecertificate or bond:
(i) Is a continuing certificate or bond;
(ii) Remains in full force and effect until cancelled; and
(iii) May not be cancelled until notice in writing of thecancellation has been on file with the division for thirty (30) days.
31-9-203. Exceptions to W.S. 31-9-202.
(a) The requirements as to security and suspension in W.S.31-9-202 shall not apply:
(i) To the driver or the owner of a motor vehicle involved inan accident wherein no injury or damage was caused to the person or property ofanyone other than the driver or owner;
(ii) To the driver or the owner of a motor vehicle legallyparked at the time of the accident;
(iii) To the owner of a motor vehicle if at the time of theaccident the vehicle was being driven without his permission, express orimplied, or was parked by a person who had been driving the motor vehiclewithout permission;
(iv) If, prior to the date that the division would otherwisesuspend license and registration or nonresident's operating privilege underW.S. 31-9-202, there shall be filed with the division satisfactory evidencethat the person who would otherwise have to file security has been releasedfrom liability or been finally adjudicated not to be liable or has executed awarrant for confession of judgment, payable in installments as the parties haveagreed, or has executed a duly acknowledged written agreement providing for thepayment of an agreed amount in installments, with respect to all claims forinjuries or damages resulting from the accident.
31-9-204. Reciprocal suspension of nonresidents' operating privilegesand residents' licenses; notice to and from other states.
(a) When a nonresident's operating privilege is suspendedpursuant to W.S. 31-9-202, the division shall transmit a certified copy of therecord of the action to the official in charge of the issuance of licenses andregistration certificates in the state in which the nonresident resides, if thelaw of the other state provides for action in relation thereto similar to thatprovided for in subsection (b) of this section.
(b) Upon receipt of certification that the driving privilege ofa resident of this state has been suspended or revoked in any other statepursuant to a law providing for its suspension or revocation for failure todeposit security for the payment of judgments arising out of a motor vehicleaccident, or for failure to deposit both security and proof of financialresponsibility, under circumstances which would require the division to suspenda nonresident's operating privilege had the accident occurred in this state,the division shall suspend the license of the resident and all of hisregistrations. Suspension shall continue until the resident furnishes evidenceof his compliance with the law of the other state relating to the deposit ofsecurity and until the resident files proof of financial responsibility ifrequired by the law.
31-9-205. Requirements for release of suspension.
(a) The license and registration and nonresident's operatingprivilege suspended as provided in W.S. 31-9-202 shall not be renewed nor shallany license or registration be issued to the person until:
(i) The person deposits or there shall be deposited on hisbehalf the security required under W.S. 31-9-202; or
(ii) One (1) year has elapsed following the date of the accidentand satisfactory evidence has been filed with the division that during theperiod no action for damages arising out of the accident has been instituted;or
(iii) Satisfactory evidence has been filed with the division of arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged written agreement, in accordance withW.S. 31-9-203(a)(iv). If there is any default in the payment of any installmentunder any confession of judgment, then, upon notice of default, the divisionshall suspend the license and registration or nonresident's operating privilegeof the person defaulting which shall not be restored until the entire amountprovided for in the confession of judgment is paid. If there is any default inthe payment of any installment under any acknowledged written agreement, then,upon notice of default, the division shall forthwith suspend the license andregistration or nonresident's operating privilege of the person defaultingwhich shall not be restored until:
(A) The person deposits and thereafter maintains security asrequired under W.S. 31-9-202 in such amount as the division determines; or
(B) One (1) year has elapsed following the date when thesecurity was required and during the period no action upon the agreement wasinstituted in a court in this state.
31-9-206. Unlicensed driver or unregistered motor vehicle in accident.
Ifthe driver or the owner of a motor vehicle involved in an accident within thisstate has no license or registration, he shall not be allowed a license orregistration until he has complied with the requirements of W.S. 31-9-202,31-9-203 and 31-9-205 through 31-9-209 to the same extent that would benecessary if, at the time of the accident, he had held a license andregistration.
31-9-207. Form and amount of security; reduction or increase.
(a) The security required under W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be in such form and in such amount as thedivision may require but in no case in excess of the limits specified in W.S.31-9-202. The person depositing security shall specify in writing the person onwhose behalf the deposit is made and, at any time while the deposit is in thecustody of the division or state treasurer, the person depositing it may, inwriting, amend the specification of the person or persons on whose behalf thedeposit is made to include an additional person or persons. A single depositof security is applicable only on behalf of persons required to furnishsecurity because of the same accident.
(b) The division may reduce or increase the amount of securityordered in any case within six (6) months after the date of the accident if, inits judgment, the amount ordered is excessive or insufficient. If the securityoriginally ordered has been deposited the excess deposited over the reducedamount ordered shall be returned to the depositor or his personalrepresentative forthwith, notwithstanding W.S. 31-9-208.
31-9-208. Disposition of security; judgments payable therefrom; returnof balance.
Securitydeposited in compliance with the requirements of W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be placed by the division in the custody of thestate treasurer and shall be applicable only to the payment of a judgmentrendered against the person on whose behalf the deposit was made, for damagesarising out of the accident in question in an action at law, begun not laterthan one (1) year after date of the accident, or within one (1) year after thedate of deposit of any security under W.S. 31-9-205(a)(iii), and any balancethereof shall be returned to the depositor or his personal representative whensatisfactory evidence has been filed with the division that there has been arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged agreement, in accordance with W.S.31-9-203(a)(iv), or whenever, after the expiration of one (1) year from thedate of the accident, or within one (1) year after the date of deposit of anysecurity, W.S. 31-9-205(a)(iii), the division is given reasonable evidencethat there is no action pending and no judgment rendered in any action leftunpaid.
31-9-209. Evidence of negligence.
Neitherthe reports required by W.S. 31-5-1106 through 31-5-1108, the action taken bythe division pursuant to W.S. 31-9-202, 31-9-203 and 31-9-205 through 31-9-209,the findings, if any, of the division upon which the action is based, nor thesecurity filed as provided in W.S. 31-9-202, 31-9-203 and 31-9-205 through31-9-209 shall be any evidence of the negligence or due care of either party,at the trial of any action at law to recover damages.
31-9-210. Transfer of registration after suspension.
Ifan owner's registration has been suspended under this act, the registrationshall not be transferred nor the motor vehicle in respect of which registrationwas issued registered in any other name until the division is satisfied thatthe transfer of registration is proposed in good faith and not for the purposeor with the effect of defeating the purposes of this act. Nothing in thissection shall be held to apply to or affect the registration of any motorvehicle sold by a person who, pursuant to the terms or conditions of anywritten instrument giving a right of repossession, has exercised the right andhas repossessed the motor vehicle from a person whose registration has beensuspended under this act.
ARTICLE 3 - SUSPENSION OF LICENSE AND REGISTRATION FORUNSATISFIED JUDGMENT
31-9-301. Notice of failure to satisfy judgment.
(a) Whenever any person fails within thirty (30) days tosatisfy any judgment subject to this act, the clerk of court, or the judge of acourt which has no clerk, in which the judgment is rendered within this state,shall forward to the division immediately a certified copy of the judgment.
(b) If the defendant named in any certified copy of a judgmentreported to the division is a nonresident, the division shall transmit acertified copy of the judgment to the official in charge of the issuance oflicenses and registration certificates of the state of which the defendant is aresident.
31-9-302. Suspension upon receipt of judgment; consent to continuedlicense and registration.
(a) Upon the receipt of a certified copy of a judgment, thedivision shall suspend the license and registration and the nonresident'soperating privilege of any person against whom judgment was rendered except asprovided in W.S. 31-9-305.
(b) If the judgment creditor consents in writing, in a formprescribed by the division, that the judgment debtor be allowed license andregistration or nonresident's operating privilege, the judgment debtor may beallowed by the division until the consent is revoked in writing,notwithstanding default in the payment of the judgment, or of any installmentsthereof prescribed in W.S. 31-9-305, provided the judgment debtor furnishesproof of financial responsibility.
31-9-303. Continued suspension until judgment satisfied; discharge inbankruptcy.
Exceptas provided in W.S. 31-9-305, the license, registration and nonresident'soperating privilege shall not be renewed, nor shall any license or registrationbe issued in the name of the person, including any person not previouslylicensed, until every judgment is stayed, satisfied or discharged, except thata discharge in bankruptcy does satisfy the judgment for the purposes of thissection.
31-9-304. When judgments deemed satisfied.
Judgmentsin excess of the amounts specified in W.S. 31-9-102(a)(xi) shall, for thepurpose of this act only, be deemed satisfied when payments in the amounts sospecified have been credited thereon. Payments made in settlement of any claimsbecause of bodily injury, death or property damage arising from a motor vehicleaccident shall be credited in reduction of the respective amounts so specified.
31-9-305. Payment of judgments in installments; failure to meetpayments.
(a) A judgment debtor upon notice to the judgment creditor mayapply to the court in which judgment was rendered for the privilege of payingthe judgment in installments and the court, in its discretion and withoutprejudice to any other legal remedies which the judgment creditor may have, mayorder and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or anonresident's operating privilege, and shall restore any license, registrationor nonresident's operating privilege suspended following nonpayment of ajudgment, when the judgment debtor gives proof of financial responsibility andobtains an order permitting the payment of the judgment in installments, andwhile the payment of any installment is not in default.
(c) If the judgment debtor fails to pay any installment asspecified by the order, then upon notice of default, the division shall suspendthe license, registration or nonresident's operating privilege of the judgmentdebtor until the judgment is fully satisfied, as provided in this act.
ARTICLE 4 - PROOF OF FINANCIAL RESPONSIBILITY
31-9-401. Suspension and revocation of license and registrations untilproof maintained; when proof required.
(a) Whenever the division, under any law of this state,mandatorily suspends or revokes the license of any person, the division shallalso suspend the registration for all motor vehicles registered in the name ofthe person, except that the registration shall not be suspended, unlessotherwise required by law, if the person has given or gives and maintains proofof financial responsibility with respect to all motor vehicles registered bythe person.
(b) The license and registration shall not be renewed nor shallany license be issued to the person, nor shall any motor vehicle be registeredin the name of the person until permitted under the motor vehicle laws of thisstate and until he shall give and maintain proof of financial responsibility.
(c) If a person is not licensed, but by final order or judgmentis convicted of or forfeits any bail or collateral deposited to secure anappearance for trial for any offense requiring the suspension or revocation oflicense, or for operating a motor vehicle upon the highways without beinglicensed to do so, or for operating an unregistered motor vehicle upon thehighways, no license shall be issued to the person and no motor vehicle shallcontinue to be registered or be registered in the name of the person until heshall give and maintain proof of financial responsibility.
(d) Whenever the division suspends or revokes a nonresident'soperating privileges, the privileges shall remain so suspended or revokedunless the person has given or gives and maintains proof of financialresponsibility.
(e) Proof of financial responsibility required to be given andmaintained under this act shall be maintained for three (3) years from the dateit is required except as provided in W.S. 31-9-413.
(f) Subsections (a) through (e) of this section do not apply tothe suspension of a license or nonresident operating privilege under W.S.31-7-128(f), (g) or (n).
31-9-402. Types of proof.
(a) Proof of financial responsibility shall be furnished foreach motor vehicle registered by any person required to give proof and may begiven by filing:
(i) A certificate of insurance as provided in W.S. 31-9-403 or31-9-404;
(ii) A bond as provided in W.S. 31-9-408; or
(iii) A certificate of deposit of money or securities as providedin W.S. 31-9-409.
31-9-403. Certificate of insurance carrier.
(a) Proof of financial responsibility may be furnished byfiling with the division the written certificate of any insurance carrierauthorized to do business in this state certifying that there is in effect amotor vehicle liability policy for the benefit of the person required tofurnish proof of financial responsibility. The certificate shall give theeffective date of the motor vehicle liability policy which shall be the same asthe effective date of the certificate, and shall designate by explicitdescription or by appropriate reference all motor vehicles covered therebyunless the policy is issued to a person who is not the owner of a motorvehicle.
(b) No motor vehicle shall be or continue to be registered inthe name of any person required to file proof of financial responsibilityunless the motor vehicle is designated in the certificate.
31-9-404. Nonresidents.
(a) The nonresident owner of a motor vehicle not registered inthis state may give proof of financial responsibility by filing with thedivision a written certificate of an insurance carrier authorized to transactbusiness in the state in which the motor vehicle described in the certificateis registered, or if the nonresident does not own a motor vehicle, then in thestate in which the insured resides, if the certificate otherwise conforms tothe provisions of this act. The division shall accept the certificate uponcondition that the insurance carrier complies with the following provisionswith respect to the policies certified:
(i) The insurance carrier shall execute a power of attorneyauthorizing the division to accept service on its behalf of notice or processin any action arising out of a motor vehicle accident in this state;
(ii) The insurance carrier shall agree in writing that thepolicies shall be deemed to conform with the laws of this state relating to theterms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transactbusiness in this state, which has qualified to furnish proof of financialresponsibility, defaults in any undertaking or agreement, the division shallnot accept as proof any certificate of the carrier so long as the defaultcontinues.
(a) As used in this act "liability policy" means anowner's or an operator's policy of liability insurance, certified as providedin W.S. 31-9-403 or 31-9-404 as proof of financial responsibility, and issued,except as otherwise provided in W.S. 31-9-404, by an insurance carrierauthorized to transact business in this state, to or for the benefit of theperson named as insured.
(b) An owner's policy of liability insurance shall:
(i) Designate by explicit description or by appropriatereference all motor vehicles with respect to which coverage is to be granted;and
(ii) Insure the person named and, except for personsspecifically excluded pursuant to W.S. 26-35-105, any other person, as insured,using any covered motor vehicle with the express or implied permission of thenamed insured against loss from the liability imposed by law for damagesarising out of the ownership, maintenance or use of the motor vehicle withinthe United States of America or the Dominion of Canada, subject to limitsexclusive of interest and costs with respect to each motor vehicle, as follows:twenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident and, subject to the limit for one (1)person, fifty thousand dollars ($50,000.00) because of bodily injury to ordeath of two (2) or more persons in any one (1) accident and twenty thousanddollars ($20,000.00) because of injury to or destruction of property of othersin any one (1) accident.
(c) An operator's policy of liability insurance shall insurethe person named as insured against loss from the liability imposed upon him bylaw for damages arising out of the use by him of any motor vehicle not owned byhim, within the same territorial limits and subject to the same limits ofliability as provided by subsection (b) of this section.
(d) The motor vehicle liability policy shall state the name andaddress of the named insured, the coverage afforded by the policy, the premiumcharged therefor, the policy period and the limits of liability, and shallcontain an agreement or be endorsed that insurance is provided in accordancewith the coverage defined in this act as respects bodily injury and death orproperty damage, or both, and is subject to all the provisions of this act.
(e) The motor vehicle liability policy shall not insure anyliability under any worker's compensation law nor any liability on account ofbodily injury to or death of an employee of the insured while engaged in theemployment, other than domestic, of the insured, or while engaged in theoperation, maintenance or repair of any motor vehicle nor any liability ordamage to property owned by, rented to, in charge of or transported by theinsured.
(f) Every motor vehicle liability policy is subject to thefollowing provisions which need not be contained therein:
(i) The liability of the insurance carrier with respect to theinsurance required by this act shall become absolute whenever injury or damagecovered by the motor vehicle liability policy occurs. The policy may not becancelled or annulled as to the liability by any agreement between theinsurance carrier and the insured after the occurrence of the injury or damage.No statement made by the insured or on his behalf and no violation of thepolicy shall defeat or void the policy;
(ii) The satisfaction by the insured of a judgment for injury ordamage shall not be a condition precedent to the right or duty of the insurancecarrier to make payment on account of the injury or damage;
(iii) The insurance carrier may settle any claim covered by thepolicy, and if settlement is made in good faith, the amount thereof shall bedeductible from the limits of liability specified in paragraph (b)(ii) of thissection;
(iv) The policy, the written application therefor, if any, andany rider or endorsement which does not conflict with this act shall constitutethe entire contract between the parties.
(g) Any policy which grants the coverage required for a motorvehicle liability policy may also grant any lawful coverage in excess of or inaddition to the coverage specified for a motor vehicle liability policy and theexcess or additional coverage is not subject to this act. With respect to apolicy which grants excess or additional coverage the "liabilitypolicy" shall apply only to that part of the coverage which is required bythis section.
(h) Any motor vehicle liability policy may provide that theinsured shall reimburse the insurance carrier for any payment the insurancecarrier would not have been obligated to make under the terms of the policyexcept for the provisions of this act.
(j) Any motor vehicle liability policy may provide for theprorating of the insurance thereunder with other valid and collectible insurance.
(k) The requirements for a motor vehicle liability policy maybe fulfilled by the policies of one (1) or more insurance carriers whichpolicies together meet the requirements.
(m) Any binder issued pending the issuance of a motor vehicleliability policy shall be deemed to fulfill the requirements for the policy.
31-9-406. Cancellation or termination of insurance; exclusion of nameddriver.
Whenan insurance carrier has certified a motor vehicle liability policy under W.S.31-9-403 or a policy under W.S. 31-9-404, the insurance certified shall not becancelled, renewed with exclusions pursuant to W.S. 26-35-105 or terminateduntil at least ten (10) days after a notice of cancellation, renewal withexclusions or termination of the insurance certified is filed with thedivision, except that a policy subsequently procured and certified shall, onthe effective date of its certification, terminate the insurance previouslycertified with respect to any motor vehicle designated in both certificates.
31-9-407. Excepted insurance policies.
(a) This act does not apply to or affect policies of automobileinsurance against liability which may now or hereafter be required by any otherlaw of this state, and the policies, if they contain an agreement or areendorsed to conform to the requirements of this act, may be certified as proofof financial responsibility under this act.
(b) This act does not apply to or affect policies insuringsolely the insured named in the policy against liability resulting from themaintenance or use by persons in the insured's employ or on his behalf of motorvehicles not owned by the insured.
31-9-408. Surety bonds.
(a) Proof of financial responsibility may be evidenced by thebond of a surety company duly authorized to transact business within thisstate, or a bond with at least two (2) individual sureties each owning realestate within this state, which real estate shall be scheduled in the bondapproved by a judge of a court of record. The bond shall be conditioned forpayment of the amounts specified in W.S. 31-9-102(a)(xi). Except as provided inW.S. 31-9-202(d), the bond shall be filed with the division and is notcancelable except after ten (10) days written notice to the division. The bondconstitutes a lien in favor of the state upon the real estate scheduled of anysurety and the lien shall exist in favor of any holder of a final judgmentagainst the person who has filed the bond, for damages, including damages forcare and loss of services, because of bodily injury to or death of any person,or for damages because of injury to or destruction of property, including theloss of use thereof, resulting from the ownership, maintenance, use oroperation of a motor vehicle after the bond was filed, upon the filing ofnotice to that effect by the division in the office of the proper clerk orcourt of the county or city where the real estate is located. The notice shallbe recorded and indexed in the same manner as now provided by law for realestate mortgages.
(b) If a judgment, rendered against the principal on the bondis not satisfied within thirty (30) days after it becomes final, the judgmentcreditor may, for his own use and benefit and at his sole expense, bring anaction in the name of the state against the company or persons executing thebond, including an action or proceeding to foreclose any lien that may existupon the real estate of a person who has executed the bond. The foreclosureshall be by proceeding in the district court of the county where the realestate is located unless it is in more than one (1) county in which case theaction shall be brought in any county in which any of the property is situated.
31-9-409. Cash and securities deposited with state treasurer.
(a) Proof of financial responsibility may be evidenced by thecertificate of the state treasurer that the person named therein has depositedwith him twenty-five thousand dollars ($25,000.00) in cash, or securities asprovided by W.S. 9-4-821 or as may legally be purchased for trust funds of amarket value of twenty-five thousand dollars ($25,000.00). The state treasurershall not accept any deposit and issue a certificate therefor and the divisionshall not accept the certificates unless accompanied by evidence that there areno unsatisfied judgments of any character against the depositor in the countywhere the depositor resides.
(b) The deposit shall be held by the state treasurer tosatisfy, in accordance with this act, any execution on a judgment issuedagainst the person making the deposit, for damages, including damages for careand loss of services, because of bodily injury to or death of any person, orfor damages because of injury to or destruction of property including the lossof use thereof, resulting from the ownership, maintenance, use or operation ofa motor vehicle after the deposit was made. Money or securities so deposited isnot subject to attachment or execution unless the attachment or executionarises out of a suit for damages as provided by this subsection.
31-9-410. Proof by owner in lieu of driver.
Wheneverany person required to give proof of financial responsibility is or laterbecomes a driver in the employ of any owner, or is or later becomes a member ofthe immediate family or household of the owner, the division shall accept proofgiven by the owner in lieu of proof by the other person to permit the otherperson to drive a motor vehicle for which the owner has given proof as hereinprovided.
31-9-411. Substitution of proof.
Thedivision shall consent to the cancellation of any bond or certificate ofinsurance or the division shall direct and the state treasurer shall return anymoney or securities to the person entitled thereto upon the substitution andacceptance of other adequate proof of financial responsibility pursuant to thisact.
31-9-412. When further proof required.
Wheneverany proof of financial responsibility filed under this act no longer fulfillsthe purposes for which required, the division shall require other proof asrequired by this act and shall suspend the license and registration of thenonresident's operating privilege pending the filing of other proof.
31-9-413. Cancellation or return; reestablishment.
(a) Proof of financial responsibility is not required to bemaintained if:
(i) Repealed by Laws 1989, ch. 173, 1,2.
(ii) The person on whose behalf proof was filed dies or isunable to drive a motor vehicle due to permanent incapacity; or
(iii) The person who has given proof surrenders his license andregistration to the division.
(b) The division shall not consent to the cancellation of anybond or the return of any money or securities if any action for damages upon aliability covered by the proof is then pending or any judgment upon anyliability is then unsatisfied, or if the person who has filed bond ordeposited money or securities has, within one (1) year immediately precedingthe request, been involved as an operator or owner in any motor vehicleaccident resulting in injury or damage to the person or property of others. Anaffidavit of the applicant as to the nonexistence of such facts, or that he hasbeen released from all of his liability, or has been finally adjudicated not tobe liable, for the injury or damage, is sufficient evidence thereof in theabsence of evidence to the contrary in the records of the division.
(c) Whenever any person whose proof has been cancelled orreturned under paragraph (a)(iii) of this section applies for a license orregistration within a period of three (3) years from the date proof wasoriginally required, the application shall be refused unless the applicantshall reestablish proof for the remainder of the three (3) year period.
31-9-414. Self-insurer.
(a) Any person in whose name more than twenty-five (25) motorvehicles are registered may qualify as a self-insurer by filing cash,securities or a surety bond in the amount of two hundred thousand dollars($200,000.00) plus one hundred dollars ($100.00) for each vehicle in excess oftwenty-five (25) to be covered, which cash, securities or surety bond shallotherwise meet the requirements of W.S. 31-9-408 and 31-9-409.
(b) The division may upon application issue a certificate ofself-insurance to a person who has satisfied the requirements under subsection(a) of this section. The certificate of self-insurance shall apply to the ownerand all operators and shall expire three (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the division may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shall be:
(i) Failure to pay any judgment within thirty (30) days afterjudgment is final;
(ii) Failure within thirty (30) days to requalify under subsection(a) of this section when any portion of the bond on file has been used tosatisfy a judgment; or
(iii) A showing the person no longer has twenty-five (25) motorvehicles registered in his name.
31-9-415. Proof of group financial responsibility.
(a) Any religious or charitable tax exempt group pursuant toSection 501(c)(3) of the Internal Revenue Code that is able to demonstrate tothe state auditor that the group has met financial commitments and obligationsof this nature of the individuals who comprise the group for the five (5)previous years and whose members combined own more than five (5) registeredmotor vehicles may qualify as a self-insurer by filing cash, securities or asurety bond in the amount of fifty thousand dollars ($50,000.00), which cash,securities or surety bond shall otherwise meet the requirements of W.S.31-9-408 and 31-9-409.
(b) The department may upon application issue a certificate ofself-insurance to each group who has satisfied the requirements undersubsection (a) of this section. The certificate of self-insurance shall applyto the owners and all operators who are members of the group and shall expirethree (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the department may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shallinclude:
(i) Failure to pay, or enter into an agreement to pay, anyjudgment within sixty (60) days after judgment is final;
(ii) Failure within thirty (30) days to requalify undersubsection (a) of this section when any portion of the bond on file has beenused to satisfy a judgment;
(iii) A showing that the tax exempt group no longer has five (5)motor vehicles registered to the members of the group; or
(iv) A failure to report that a member of the group no longerqualifies.
Thisact may be cited as the "Motor Vehicle Safety-Responsibility Act".
31-9-102. Definitions.
(a) As used in this act:
(i) Repealed by Laws 1991, ch. 241, 4.
(ii) "Driver" means as defined by W.S. 31-5-102(a);
(iii) "Division" means the division within thedepartment of transportation charged with administration and enforcement ofthis act;
(iv) "Judgment" means any judgment that is finalwithout further appeal. The judgment shall have been rendered by a court ofcompetent jurisdiction of any state or of the United States. The cause ofaction shall result from damages occurring from a motor vehicle accident andmay relate to bodily injury or death of person, or to damage or to loss ofproperty;
(v) "License" means any driver's license, instructionpermit or temporary license issued under the laws of this state pertaining tothe licensing of drivers;
(vi) "Motor vehicle" means as defined by W.S.31-5-102(a);
(vii) "Nonresident" means every person who is not aresident of this state;
(viii) "Nonresident's operating privilege" means theprivilege conferred upon a nonresident by the laws of this state pertaining tothe operation by him of a motor vehicle, or the use of a motor vehicle owned byhim, in this state;
(ix) "Operator" means every person who is in actualphysical control of a motor vehicle;
(x) "Owner" means as defined by W.S. 31-5-102(a);
(xi) "Proof of financial responsibility" meansevidence of ability to respond in damages for liability, resulting fromaccidents occurring subsequent to the effective date of the proof, arising outof the ownership, maintenance or use of a motor vehicle, in the amount oftwenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident, and subject to the limit for one (1)person, in the amount of fifty thousand dollars ($50,000.00) because of bodilyinjury to or death of two (2) or more persons in any one (1) accident, and inthe amount of twenty thousand dollars ($20,000.00) because of injury to ordestruction of property of others in any one (1) accident;
(xii) "Registration" means registration certificate orcertificates and registration plates issued under the laws of this statepertaining to the registration of motor vehicles;
(xiii) "State" means any state, territory or possessionof the United States, the District of Columbia or any province of the Dominionof Canada;
(xiv) "This act" means W.S. 31-9-101 through 31-9-415.
31-9-103. Administration; administrative review.
(a) The administration of this act shall be exercised by thedepartment of transportation which may prescribe forms and reasonable rules andregulations in conformity with this act. The administration of this act may bedelegated by the department to the division.
(b) W.S. 31-7-105 and 31-7-130 apply to all suspensions underthis act.
31-9-104. Disclosure of driving record.
Thedepartment shall adopt rules and regulations concerning disclosure of thedriving record of any person subject to this act.
31-9-105. Return of license and registration to division.
Anyperson whose license or registration is suspended under this act, or whosepolicy of insurance or bond, when required under this act, is cancelled orterminated, or who neglects to furnish other proof upon request of thedivision shall immediately return his license and registration to the division.If any person fails to return to the division the license or registration asrequired, the division shall direct any peace officer to confiscate and returnthe license or registration to the division.
31-9-106. General penalties.
(a) Any person willfully failing to return a license orregistration as required in W.S. 31-9-105, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than thirty (30) days, orboth.
(b) Any person who forges or, without authority, signs anynotice provided for under W.S. 31-9-202 that a policy or bond is in effect, orany evidence of proof of financial responsibility, or who files or offers forfiling any notice or evidence of proof knowing or having reason to believe thatit is forged or signed without authority, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth.
(c) Any person who violates any provision of this act for whichno penalty is otherwise provided shall be fined not more than seven hundredfifty dollars ($750.00), imprisoned not more than ninety (90) days, or both.
31-9-107. Government motor vehicles.
Thisact does not apply with respect to any motor vehicle owned by the UnitedStates, this state or any political subdivision of this state.
31-9-108. Other lawful processes.
Nothingin this act shall be construed as preventing the plaintiff in any action at lawfrom relying for relief upon the other processes provided by law.
31-9-109. Uniformity of laws.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the laws of those states which enact it.
ARTICLE 2 - ACCIDENT REPORT; SUSPENSION OF LICENSE ANDREGISTRATIONS GENERALLY
31-9-201. Repealed by Laws 1989, ch. 173, 2.
31-9-202. Suspension of license and registration after accidentreport; exclusions and security requirements.
(a) Within thirty (30) days after receipt of an investigatingofficer's report of a motor vehicle accident within this state as requiredunder W.S. 31-5-1106 through 31-5-1108 or after a demand for additionalsecurity under W.S. 31-9-207(b), the division shall with respect to each driverand motor vehicle involved in the accident, and except as provided in subsection(b) of this section, suspend:
(i) The Wyoming driver's license of each driver of a motorvehicle required to be registered in this state;
(ii) All Wyoming registrations of each owner whose motor vehicleis required to be registered in this state;
(iii) The nonresident driving privilege of each driver of a motorvehicle required to be registered in this state; and
(iv) The nonresident driving privilege of each owner of a motorvehicle required to be registered in this state.
(b) The suspension in subsection (a) of this section shall beimposed unless the driver, the owner or both file proof of financialresponsibility.
(c) This section does not apply to:
(i) An owner if the owner had in effect at the time of theaccident an automobile liability policy with respect to the motor vehicleinvolved in the accident;
(ii) The driver, if not the owner of the motor vehicle, if therewas in effect at the time of the accident an automobile liability policy orbond with respect to his operation of motor vehicles not owned by him;
(iii) The driver or owner whose liability for damages resultingfrom the accident is, in the judgment of the division, covered by any otherform of liability insurance policy or surety bond;
(iv) Any person qualifying as a self-insurer under W.S.31-9-414; or
(v) The owner or driver, if a personal surety bond is filedwith the division in an amount required by the division under this act with atleast two (2) individual sureties each owning real estate within the state,which real estate shall be scheduled in the bond to be approved by a judge ofthe district court.
(d) No insurance policy or surety bond is effective under thissection unless issued by an insurance company or surety company authorized todo business in this state, except that if the motor vehicle was not registeredin this state, or was a motor vehicle which was registered elsewhere than inthis state at the effective date of the policy or bond, or the most recentrenewal thereof, the policy or bond is not effective under this section unlessthe insurance company or surety company if not authorized to do business inthis state executes a power of attorney authorizing the division to acceptservice on its behalf of notice or process in any action upon the policy orbond arising out of the accident. Every policy or bond shall be subject, if theaccident has resulted in bodily injury or death, to a limit, exclusive ofinterest and costs, of not less than twenty-five thousand dollars ($25,000.00)because of bodily injury to or death of one (1) person in any one (1) accidentand, subject to the limit for one (1) person, to a limit of not less than fiftythousand dollars ($50,000.00) because of bodily injury to or death of two (2)or more persons in any one (1) accident, and, if the accident has resulted ininjury to or destruction of property, to a limit of not less than twentythousand dollars ($20,000.00) because of injury to or destruction of propertyof others in any one (1) accident.
(e) Upon receipt of notice of the accident, the insurancecompany or surety company which issued the policy or bond shall furnish forfiling with the division a written notice that the policy or bond was in effectat the time of the accident. This subsection does not apply to any personholding a motor carrier permit or certificate under W.S. 31-18-209 whofurnishes proof of financial responsibility by filing a certificate ofinsurance under W.S. 31-9-402(a)(i) or a bond under W.S. 31-9-402(a)(ii) if thecertificate or bond:
(i) Is a continuing certificate or bond;
(ii) Remains in full force and effect until cancelled; and
(iii) May not be cancelled until notice in writing of thecancellation has been on file with the division for thirty (30) days.
31-9-203. Exceptions to W.S. 31-9-202.
(a) The requirements as to security and suspension in W.S.31-9-202 shall not apply:
(i) To the driver or the owner of a motor vehicle involved inan accident wherein no injury or damage was caused to the person or property ofanyone other than the driver or owner;
(ii) To the driver or the owner of a motor vehicle legallyparked at the time of the accident;
(iii) To the owner of a motor vehicle if at the time of theaccident the vehicle was being driven without his permission, express orimplied, or was parked by a person who had been driving the motor vehiclewithout permission;
(iv) If, prior to the date that the division would otherwisesuspend license and registration or nonresident's operating privilege underW.S. 31-9-202, there shall be filed with the division satisfactory evidencethat the person who would otherwise have to file security has been releasedfrom liability or been finally adjudicated not to be liable or has executed awarrant for confession of judgment, payable in installments as the parties haveagreed, or has executed a duly acknowledged written agreement providing for thepayment of an agreed amount in installments, with respect to all claims forinjuries or damages resulting from the accident.
31-9-204. Reciprocal suspension of nonresidents' operating privilegesand residents' licenses; notice to and from other states.
(a) When a nonresident's operating privilege is suspendedpursuant to W.S. 31-9-202, the division shall transmit a certified copy of therecord of the action to the official in charge of the issuance of licenses andregistration certificates in the state in which the nonresident resides, if thelaw of the other state provides for action in relation thereto similar to thatprovided for in subsection (b) of this section.
(b) Upon receipt of certification that the driving privilege ofa resident of this state has been suspended or revoked in any other statepursuant to a law providing for its suspension or revocation for failure todeposit security for the payment of judgments arising out of a motor vehicleaccident, or for failure to deposit both security and proof of financialresponsibility, under circumstances which would require the division to suspenda nonresident's operating privilege had the accident occurred in this state,the division shall suspend the license of the resident and all of hisregistrations. Suspension shall continue until the resident furnishes evidenceof his compliance with the law of the other state relating to the deposit ofsecurity and until the resident files proof of financial responsibility ifrequired by the law.
31-9-205. Requirements for release of suspension.
(a) The license and registration and nonresident's operatingprivilege suspended as provided in W.S. 31-9-202 shall not be renewed nor shallany license or registration be issued to the person until:
(i) The person deposits or there shall be deposited on hisbehalf the security required under W.S. 31-9-202; or
(ii) One (1) year has elapsed following the date of the accidentand satisfactory evidence has been filed with the division that during theperiod no action for damages arising out of the accident has been instituted;or
(iii) Satisfactory evidence has been filed with the division of arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged written agreement, in accordance withW.S. 31-9-203(a)(iv). If there is any default in the payment of any installmentunder any confession of judgment, then, upon notice of default, the divisionshall suspend the license and registration or nonresident's operating privilegeof the person defaulting which shall not be restored until the entire amountprovided for in the confession of judgment is paid. If there is any default inthe payment of any installment under any acknowledged written agreement, then,upon notice of default, the division shall forthwith suspend the license andregistration or nonresident's operating privilege of the person defaultingwhich shall not be restored until:
(A) The person deposits and thereafter maintains security asrequired under W.S. 31-9-202 in such amount as the division determines; or
(B) One (1) year has elapsed following the date when thesecurity was required and during the period no action upon the agreement wasinstituted in a court in this state.
31-9-206. Unlicensed driver or unregistered motor vehicle in accident.
Ifthe driver or the owner of a motor vehicle involved in an accident within thisstate has no license or registration, he shall not be allowed a license orregistration until he has complied with the requirements of W.S. 31-9-202,31-9-203 and 31-9-205 through 31-9-209 to the same extent that would benecessary if, at the time of the accident, he had held a license andregistration.
31-9-207. Form and amount of security; reduction or increase.
(a) The security required under W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be in such form and in such amount as thedivision may require but in no case in excess of the limits specified in W.S.31-9-202. The person depositing security shall specify in writing the person onwhose behalf the deposit is made and, at any time while the deposit is in thecustody of the division or state treasurer, the person depositing it may, inwriting, amend the specification of the person or persons on whose behalf thedeposit is made to include an additional person or persons. A single depositof security is applicable only on behalf of persons required to furnishsecurity because of the same accident.
(b) The division may reduce or increase the amount of securityordered in any case within six (6) months after the date of the accident if, inits judgment, the amount ordered is excessive or insufficient. If the securityoriginally ordered has been deposited the excess deposited over the reducedamount ordered shall be returned to the depositor or his personalrepresentative forthwith, notwithstanding W.S. 31-9-208.
31-9-208. Disposition of security; judgments payable therefrom; returnof balance.
Securitydeposited in compliance with the requirements of W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be placed by the division in the custody of thestate treasurer and shall be applicable only to the payment of a judgmentrendered against the person on whose behalf the deposit was made, for damagesarising out of the accident in question in an action at law, begun not laterthan one (1) year after date of the accident, or within one (1) year after thedate of deposit of any security under W.S. 31-9-205(a)(iii), and any balancethereof shall be returned to the depositor or his personal representative whensatisfactory evidence has been filed with the division that there has been arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged agreement, in accordance with W.S.31-9-203(a)(iv), or whenever, after the expiration of one (1) year from thedate of the accident, or within one (1) year after the date of deposit of anysecurity, W.S. 31-9-205(a)(iii), the division is given reasonable evidencethat there is no action pending and no judgment rendered in any action leftunpaid.
31-9-209. Evidence of negligence.
Neitherthe reports required by W.S. 31-5-1106 through 31-5-1108, the action taken bythe division pursuant to W.S. 31-9-202, 31-9-203 and 31-9-205 through 31-9-209,the findings, if any, of the division upon which the action is based, nor thesecurity filed as provided in W.S. 31-9-202, 31-9-203 and 31-9-205 through31-9-209 shall be any evidence of the negligence or due care of either party,at the trial of any action at law to recover damages.
31-9-210. Transfer of registration after suspension.
Ifan owner's registration has been suspended under this act, the registrationshall not be transferred nor the motor vehicle in respect of which registrationwas issued registered in any other name until the division is satisfied thatthe transfer of registration is proposed in good faith and not for the purposeor with the effect of defeating the purposes of this act. Nothing in thissection shall be held to apply to or affect the registration of any motorvehicle sold by a person who, pursuant to the terms or conditions of anywritten instrument giving a right of repossession, has exercised the right andhas repossessed the motor vehicle from a person whose registration has beensuspended under this act.
ARTICLE 3 - SUSPENSION OF LICENSE AND REGISTRATION FORUNSATISFIED JUDGMENT
31-9-301. Notice of failure to satisfy judgment.
(a) Whenever any person fails within thirty (30) days tosatisfy any judgment subject to this act, the clerk of court, or the judge of acourt which has no clerk, in which the judgment is rendered within this state,shall forward to the division immediately a certified copy of the judgment.
(b) If the defendant named in any certified copy of a judgmentreported to the division is a nonresident, the division shall transmit acertified copy of the judgment to the official in charge of the issuance oflicenses and registration certificates of the state of which the defendant is aresident.
31-9-302. Suspension upon receipt of judgment; consent to continuedlicense and registration.
(a) Upon the receipt of a certified copy of a judgment, thedivision shall suspend the license and registration and the nonresident'soperating privilege of any person against whom judgment was rendered except asprovided in W.S. 31-9-305.
(b) If the judgment creditor consents in writing, in a formprescribed by the division, that the judgment debtor be allowed license andregistration or nonresident's operating privilege, the judgment debtor may beallowed by the division until the consent is revoked in writing,notwithstanding default in the payment of the judgment, or of any installmentsthereof prescribed in W.S. 31-9-305, provided the judgment debtor furnishesproof of financial responsibility.
31-9-303. Continued suspension until judgment satisfied; discharge inbankruptcy.
Exceptas provided in W.S. 31-9-305, the license, registration and nonresident'soperating privilege shall not be renewed, nor shall any license or registrationbe issued in the name of the person, including any person not previouslylicensed, until every judgment is stayed, satisfied or discharged, except thata discharge in bankruptcy does satisfy the judgment for the purposes of thissection.
31-9-304. When judgments deemed satisfied.
Judgmentsin excess of the amounts specified in W.S. 31-9-102(a)(xi) shall, for thepurpose of this act only, be deemed satisfied when payments in the amounts sospecified have been credited thereon. Payments made in settlement of any claimsbecause of bodily injury, death or property damage arising from a motor vehicleaccident shall be credited in reduction of the respective amounts so specified.
31-9-305. Payment of judgments in installments; failure to meetpayments.
(a) A judgment debtor upon notice to the judgment creditor mayapply to the court in which judgment was rendered for the privilege of payingthe judgment in installments and the court, in its discretion and withoutprejudice to any other legal remedies which the judgment creditor may have, mayorder and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or anonresident's operating privilege, and shall restore any license, registrationor nonresident's operating privilege suspended following nonpayment of ajudgment, when the judgment debtor gives proof of financial responsibility andobtains an order permitting the payment of the judgment in installments, andwhile the payment of any installment is not in default.
(c) If the judgment debtor fails to pay any installment asspecified by the order, then upon notice of default, the division shall suspendthe license, registration or nonresident's operating privilege of the judgmentdebtor until the judgment is fully satisfied, as provided in this act.
ARTICLE 4 - PROOF OF FINANCIAL RESPONSIBILITY
31-9-401. Suspension and revocation of license and registrations untilproof maintained; when proof required.
(a) Whenever the division, under any law of this state,mandatorily suspends or revokes the license of any person, the division shallalso suspend the registration for all motor vehicles registered in the name ofthe person, except that the registration shall not be suspended, unlessotherwise required by law, if the person has given or gives and maintains proofof financial responsibility with respect to all motor vehicles registered bythe person.
(b) The license and registration shall not be renewed nor shallany license be issued to the person, nor shall any motor vehicle be registeredin the name of the person until permitted under the motor vehicle laws of thisstate and until he shall give and maintain proof of financial responsibility.
(c) If a person is not licensed, but by final order or judgmentis convicted of or forfeits any bail or collateral deposited to secure anappearance for trial for any offense requiring the suspension or revocation oflicense, or for operating a motor vehicle upon the highways without beinglicensed to do so, or for operating an unregistered motor vehicle upon thehighways, no license shall be issued to the person and no motor vehicle shallcontinue to be registered or be registered in the name of the person until heshall give and maintain proof of financial responsibility.
(d) Whenever the division suspends or revokes a nonresident'soperating privileges, the privileges shall remain so suspended or revokedunless the person has given or gives and maintains proof of financialresponsibility.
(e) Proof of financial responsibility required to be given andmaintained under this act shall be maintained for three (3) years from the dateit is required except as provided in W.S. 31-9-413.
(f) Subsections (a) through (e) of this section do not apply tothe suspension of a license or nonresident operating privilege under W.S.31-7-128(f), (g) or (n).
31-9-402. Types of proof.
(a) Proof of financial responsibility shall be furnished foreach motor vehicle registered by any person required to give proof and may begiven by filing:
(i) A certificate of insurance as provided in W.S. 31-9-403 or31-9-404;
(ii) A bond as provided in W.S. 31-9-408; or
(iii) A certificate of deposit of money or securities as providedin W.S. 31-9-409.
31-9-403. Certificate of insurance carrier.
(a) Proof of financial responsibility may be furnished byfiling with the division the written certificate of any insurance carrierauthorized to do business in this state certifying that there is in effect amotor vehicle liability policy for the benefit of the person required tofurnish proof of financial responsibility. The certificate shall give theeffective date of the motor vehicle liability policy which shall be the same asthe effective date of the certificate, and shall designate by explicitdescription or by appropriate reference all motor vehicles covered therebyunless the policy is issued to a person who is not the owner of a motorvehicle.
(b) No motor vehicle shall be or continue to be registered inthe name of any person required to file proof of financial responsibilityunless the motor vehicle is designated in the certificate.
31-9-404. Nonresidents.
(a) The nonresident owner of a motor vehicle not registered inthis state may give proof of financial responsibility by filing with thedivision a written certificate of an insurance carrier authorized to transactbusiness in the state in which the motor vehicle described in the certificateis registered, or if the nonresident does not own a motor vehicle, then in thestate in which the insured resides, if the certificate otherwise conforms tothe provisions of this act. The division shall accept the certificate uponcondition that the insurance carrier complies with the following provisionswith respect to the policies certified:
(i) The insurance carrier shall execute a power of attorneyauthorizing the division to accept service on its behalf of notice or processin any action arising out of a motor vehicle accident in this state;
(ii) The insurance carrier shall agree in writing that thepolicies shall be deemed to conform with the laws of this state relating to theterms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transactbusiness in this state, which has qualified to furnish proof of financialresponsibility, defaults in any undertaking or agreement, the division shallnot accept as proof any certificate of the carrier so long as the defaultcontinues.
(a) As used in this act "liability policy" means anowner's or an operator's policy of liability insurance, certified as providedin W.S. 31-9-403 or 31-9-404 as proof of financial responsibility, and issued,except as otherwise provided in W.S. 31-9-404, by an insurance carrierauthorized to transact business in this state, to or for the benefit of theperson named as insured.
(b) An owner's policy of liability insurance shall:
(i) Designate by explicit description or by appropriatereference all motor vehicles with respect to which coverage is to be granted;and
(ii) Insure the person named and, except for personsspecifically excluded pursuant to W.S. 26-35-105, any other person, as insured,using any covered motor vehicle with the express or implied permission of thenamed insured against loss from the liability imposed by law for damagesarising out of the ownership, maintenance or use of the motor vehicle withinthe United States of America or the Dominion of Canada, subject to limitsexclusive of interest and costs with respect to each motor vehicle, as follows:twenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident and, subject to the limit for one (1)person, fifty thousand dollars ($50,000.00) because of bodily injury to ordeath of two (2) or more persons in any one (1) accident and twenty thousanddollars ($20,000.00) because of injury to or destruction of property of othersin any one (1) accident.
(c) An operator's policy of liability insurance shall insurethe person named as insured against loss from the liability imposed upon him bylaw for damages arising out of the use by him of any motor vehicle not owned byhim, within the same territorial limits and subject to the same limits ofliability as provided by subsection (b) of this section.
(d) The motor vehicle liability policy shall state the name andaddress of the named insured, the coverage afforded by the policy, the premiumcharged therefor, the policy period and the limits of liability, and shallcontain an agreement or be endorsed that insurance is provided in accordancewith the coverage defined in this act as respects bodily injury and death orproperty damage, or both, and is subject to all the provisions of this act.
(e) The motor vehicle liability policy shall not insure anyliability under any worker's compensation law nor any liability on account ofbodily injury to or death of an employee of the insured while engaged in theemployment, other than domestic, of the insured, or while engaged in theoperation, maintenance or repair of any motor vehicle nor any liability ordamage to property owned by, rented to, in charge of or transported by theinsured.
(f) Every motor vehicle liability policy is subject to thefollowing provisions which need not be contained therein:
(i) The liability of the insurance carrier with respect to theinsurance required by this act shall become absolute whenever injury or damagecovered by the motor vehicle liability policy occurs. The policy may not becancelled or annulled as to the liability by any agreement between theinsurance carrier and the insured after the occurrence of the injury or damage.No statement made by the insured or on his behalf and no violation of thepolicy shall defeat or void the policy;
(ii) The satisfaction by the insured of a judgment for injury ordamage shall not be a condition precedent to the right or duty of the insurancecarrier to make payment on account of the injury or damage;
(iii) The insurance carrier may settle any claim covered by thepolicy, and if settlement is made in good faith, the amount thereof shall bedeductible from the limits of liability specified in paragraph (b)(ii) of thissection;
(iv) The policy, the written application therefor, if any, andany rider or endorsement which does not conflict with this act shall constitutethe entire contract between the parties.
(g) Any policy which grants the coverage required for a motorvehicle liability policy may also grant any lawful coverage in excess of or inaddition to the coverage specified for a motor vehicle liability policy and theexcess or additional coverage is not subject to this act. With respect to apolicy which grants excess or additional coverage the "liabilitypolicy" shall apply only to that part of the coverage which is required bythis section.
(h) Any motor vehicle liability policy may provide that theinsured shall reimburse the insurance carrier for any payment the insurancecarrier would not have been obligated to make under the terms of the policyexcept for the provisions of this act.
(j) Any motor vehicle liability policy may provide for theprorating of the insurance thereunder with other valid and collectible insurance.
(k) The requirements for a motor vehicle liability policy maybe fulfilled by the policies of one (1) or more insurance carriers whichpolicies together meet the requirements.
(m) Any binder issued pending the issuance of a motor vehicleliability policy shall be deemed to fulfill the requirements for the policy.
31-9-406. Cancellation or termination of insurance; exclusion of nameddriver.
Whenan insurance carrier has certified a motor vehicle liability policy under W.S.31-9-403 or a policy under W.S. 31-9-404, the insurance certified shall not becancelled, renewed with exclusions pursuant to W.S. 26-35-105 or terminateduntil at least ten (10) days after a notice of cancellation, renewal withexclusions or termination of the insurance certified is filed with thedivision, except that a policy subsequently procured and certified shall, onthe effective date of its certification, terminate the insurance previouslycertified with respect to any motor vehicle designated in both certificates.
31-9-407. Excepted insurance policies.
(a) This act does not apply to or affect policies of automobileinsurance against liability which may now or hereafter be required by any otherlaw of this state, and the policies, if they contain an agreement or areendorsed to conform to the requirements of this act, may be certified as proofof financial responsibility under this act.
(b) This act does not apply to or affect policies insuringsolely the insured named in the policy against liability resulting from themaintenance or use by persons in the insured's employ or on his behalf of motorvehicles not owned by the insured.
31-9-408. Surety bonds.
(a) Proof of financial responsibility may be evidenced by thebond of a surety company duly authorized to transact business within thisstate, or a bond with at least two (2) individual sureties each owning realestate within this state, which real estate shall be scheduled in the bondapproved by a judge of a court of record. The bond shall be conditioned forpayment of the amounts specified in W.S. 31-9-102(a)(xi). Except as provided inW.S. 31-9-202(d), the bond shall be filed with the division and is notcancelable except after ten (10) days written notice to the division. The bondconstitutes a lien in favor of the state upon the real estate scheduled of anysurety and the lien shall exist in favor of any holder of a final judgmentagainst the person who has filed the bond, for damages, including damages forcare and loss of services, because of bodily injury to or death of any person,or for damages because of injury to or destruction of property, including theloss of use thereof, resulting from the ownership, maintenance, use oroperation of a motor vehicle after the bond was filed, upon the filing ofnotice to that effect by the division in the office of the proper clerk orcourt of the county or city where the real estate is located. The notice shallbe recorded and indexed in the same manner as now provided by law for realestate mortgages.
(b) If a judgment, rendered against the principal on the bondis not satisfied within thirty (30) days after it becomes final, the judgmentcreditor may, for his own use and benefit and at his sole expense, bring anaction in the name of the state against the company or persons executing thebond, including an action or proceeding to foreclose any lien that may existupon the real estate of a person who has executed the bond. The foreclosureshall be by proceeding in the district court of the county where the realestate is located unless it is in more than one (1) county in which case theaction shall be brought in any county in which any of the property is situated.
31-9-409. Cash and securities deposited with state treasurer.
(a) Proof of financial responsibility may be evidenced by thecertificate of the state treasurer that the person named therein has depositedwith him twenty-five thousand dollars ($25,000.00) in cash, or securities asprovided by W.S. 9-4-821 or as may legally be purchased for trust funds of amarket value of twenty-five thousand dollars ($25,000.00). The state treasurershall not accept any deposit and issue a certificate therefor and the divisionshall not accept the certificates unless accompanied by evidence that there areno unsatisfied judgments of any character against the depositor in the countywhere the depositor resides.
(b) The deposit shall be held by the state treasurer tosatisfy, in accordance with this act, any execution on a judgment issuedagainst the person making the deposit, for damages, including damages for careand loss of services, because of bodily injury to or death of any person, orfor damages because of injury to or destruction of property including the lossof use thereof, resulting from the ownership, maintenance, use or operation ofa motor vehicle after the deposit was made. Money or securities so deposited isnot subject to attachment or execution unless the attachment or executionarises out of a suit for damages as provided by this subsection.
31-9-410. Proof by owner in lieu of driver.
Wheneverany person required to give proof of financial responsibility is or laterbecomes a driver in the employ of any owner, or is or later becomes a member ofthe immediate family or household of the owner, the division shall accept proofgiven by the owner in lieu of proof by the other person to permit the otherperson to drive a motor vehicle for which the owner has given proof as hereinprovided.
31-9-411. Substitution of proof.
Thedivision shall consent to the cancellation of any bond or certificate ofinsurance or the division shall direct and the state treasurer shall return anymoney or securities to the person entitled thereto upon the substitution andacceptance of other adequate proof of financial responsibility pursuant to thisact.
31-9-412. When further proof required.
Wheneverany proof of financial responsibility filed under this act no longer fulfillsthe purposes for which required, the division shall require other proof asrequired by this act and shall suspend the license and registration of thenonresident's operating privilege pending the filing of other proof.
31-9-413. Cancellation or return; reestablishment.
(a) Proof of financial responsibility is not required to bemaintained if:
(i) Repealed by Laws 1989, ch. 173, 1,2.
(ii) The person on whose behalf proof was filed dies or isunable to drive a motor vehicle due to permanent incapacity; or
(iii) The person who has given proof surrenders his license andregistration to the division.
(b) The division shall not consent to the cancellation of anybond or the return of any money or securities if any action for damages upon aliability covered by the proof is then pending or any judgment upon anyliability is then unsatisfied, or if the person who has filed bond ordeposited money or securities has, within one (1) year immediately precedingthe request, been involved as an operator or owner in any motor vehicleaccident resulting in injury or damage to the person or property of others. Anaffidavit of the applicant as to the nonexistence of such facts, or that he hasbeen released from all of his liability, or has been finally adjudicated not tobe liable, for the injury or damage, is sufficient evidence thereof in theabsence of evidence to the contrary in the records of the division.
(c) Whenever any person whose proof has been cancelled orreturned under paragraph (a)(iii) of this section applies for a license orregistration within a period of three (3) years from the date proof wasoriginally required, the application shall be refused unless the applicantshall reestablish proof for the remainder of the three (3) year period.
31-9-414. Self-insurer.
(a) Any person in whose name more than twenty-five (25) motorvehicles are registered may qualify as a self-insurer by filing cash,securities or a surety bond in the amount of two hundred thousand dollars($200,000.00) plus one hundred dollars ($100.00) for each vehicle in excess oftwenty-five (25) to be covered, which cash, securities or surety bond shallotherwise meet the requirements of W.S. 31-9-408 and 31-9-409.
(b) The division may upon application issue a certificate ofself-insurance to a person who has satisfied the requirements under subsection(a) of this section. The certificate of self-insurance shall apply to the ownerand all operators and shall expire three (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the division may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shall be:
(i) Failure to pay any judgment within thirty (30) days afterjudgment is final;
(ii) Failure within thirty (30) days to requalify under subsection(a) of this section when any portion of the bond on file has been used tosatisfy a judgment; or
(iii) A showing the person no longer has twenty-five (25) motorvehicles registered in his name.
31-9-415. Proof of group financial responsibility.
(a) Any religious or charitable tax exempt group pursuant toSection 501(c)(3) of the Internal Revenue Code that is able to demonstrate tothe state auditor that the group has met financial commitments and obligationsof this nature of the individuals who comprise the group for the five (5)previous years and whose members combined own more than five (5) registeredmotor vehicles may qualify as a self-insurer by filing cash, securities or asurety bond in the amount of fifty thousand dollars ($50,000.00), which cash,securities or surety bond shall otherwise meet the requirements of W.S.31-9-408 and 31-9-409.
(b) The department may upon application issue a certificate ofself-insurance to each group who has satisfied the requirements undersubsection (a) of this section. The certificate of self-insurance shall applyto the owners and all operators who are members of the group and shall expirethree (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the department may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shallinclude:
(i) Failure to pay, or enter into an agreement to pay, anyjudgment within sixty (60) days after judgment is final;
(ii) Failure within thirty (30) days to requalify undersubsection (a) of this section when any portion of the bond on file has beenused to satisfy a judgment;
(iii) A showing that the tax exempt group no longer has five (5)motor vehicles registered to the members of the group; or
(iv) A failure to report that a member of the group no longerqualifies.
Thisact may be cited as the "Motor Vehicle Safety-Responsibility Act".
31-9-102. Definitions.
(a) As used in this act:
(i) Repealed by Laws 1991, ch. 241, 4.
(ii) "Driver" means as defined by W.S. 31-5-102(a);
(iii) "Division" means the division within thedepartment of transportation charged with administration and enforcement ofthis act;
(iv) "Judgment" means any judgment that is finalwithout further appeal. The judgment shall have been rendered by a court ofcompetent jurisdiction of any state or of the United States. The cause ofaction shall result from damages occurring from a motor vehicle accident andmay relate to bodily injury or death of person, or to damage or to loss ofproperty;
(v) "License" means any driver's license, instructionpermit or temporary license issued under the laws of this state pertaining tothe licensing of drivers;
(vi) "Motor vehicle" means as defined by W.S.31-5-102(a);
(vii) "Nonresident" means every person who is not aresident of this state;
(viii) "Nonresident's operating privilege" means theprivilege conferred upon a nonresident by the laws of this state pertaining tothe operation by him of a motor vehicle, or the use of a motor vehicle owned byhim, in this state;
(ix) "Operator" means every person who is in actualphysical control of a motor vehicle;
(x) "Owner" means as defined by W.S. 31-5-102(a);
(xi) "Proof of financial responsibility" meansevidence of ability to respond in damages for liability, resulting fromaccidents occurring subsequent to the effective date of the proof, arising outof the ownership, maintenance or use of a motor vehicle, in the amount oftwenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident, and subject to the limit for one (1)person, in the amount of fifty thousand dollars ($50,000.00) because of bodilyinjury to or death of two (2) or more persons in any one (1) accident, and inthe amount of twenty thousand dollars ($20,000.00) because of injury to ordestruction of property of others in any one (1) accident;
(xii) "Registration" means registration certificate orcertificates and registration plates issued under the laws of this statepertaining to the registration of motor vehicles;
(xiii) "State" means any state, territory or possessionof the United States, the District of Columbia or any province of the Dominionof Canada;
(xiv) "This act" means W.S. 31-9-101 through 31-9-415.
31-9-103. Administration; administrative review.
(a) The administration of this act shall be exercised by thedepartment of transportation which may prescribe forms and reasonable rules andregulations in conformity with this act. The administration of this act may bedelegated by the department to the division.
(b) W.S. 31-7-105 and 31-7-130 apply to all suspensions underthis act.
31-9-104. Disclosure of driving record.
Thedepartment shall adopt rules and regulations concerning disclosure of thedriving record of any person subject to this act.
31-9-105. Return of license and registration to division.
Anyperson whose license or registration is suspended under this act, or whosepolicy of insurance or bond, when required under this act, is cancelled orterminated, or who neglects to furnish other proof upon request of thedivision shall immediately return his license and registration to the division.If any person fails to return to the division the license or registration asrequired, the division shall direct any peace officer to confiscate and returnthe license or registration to the division.
31-9-106. General penalties.
(a) Any person willfully failing to return a license orregistration as required in W.S. 31-9-105, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than thirty (30) days, orboth.
(b) Any person who forges or, without authority, signs anynotice provided for under W.S. 31-9-202 that a policy or bond is in effect, orany evidence of proof of financial responsibility, or who files or offers forfiling any notice or evidence of proof knowing or having reason to believe thatit is forged or signed without authority, shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned not more than six (6) months, orboth.
(c) Any person who violates any provision of this act for whichno penalty is otherwise provided shall be fined not more than seven hundredfifty dollars ($750.00), imprisoned not more than ninety (90) days, or both.
31-9-107. Government motor vehicles.
Thisact does not apply with respect to any motor vehicle owned by the UnitedStates, this state or any political subdivision of this state.
31-9-108. Other lawful processes.
Nothingin this act shall be construed as preventing the plaintiff in any action at lawfrom relying for relief upon the other processes provided by law.
31-9-109. Uniformity of laws.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the laws of those states which enact it.
ARTICLE 2 - ACCIDENT REPORT; SUSPENSION OF LICENSE ANDREGISTRATIONS GENERALLY
31-9-201. Repealed by Laws 1989, ch. 173, 2.
31-9-202. Suspension of license and registration after accidentreport; exclusions and security requirements.
(a) Within thirty (30) days after receipt of an investigatingofficer's report of a motor vehicle accident within this state as requiredunder W.S. 31-5-1106 through 31-5-1108 or after a demand for additionalsecurity under W.S. 31-9-207(b), the division shall with respect to each driverand motor vehicle involved in the accident, and except as provided in subsection(b) of this section, suspend:
(i) The Wyoming driver's license of each driver of a motorvehicle required to be registered in this state;
(ii) All Wyoming registrations of each owner whose motor vehicleis required to be registered in this state;
(iii) The nonresident driving privilege of each driver of a motorvehicle required to be registered in this state; and
(iv) The nonresident driving privilege of each owner of a motorvehicle required to be registered in this state.
(b) The suspension in subsection (a) of this section shall beimposed unless the driver, the owner or both file proof of financialresponsibility.
(c) This section does not apply to:
(i) An owner if the owner had in effect at the time of theaccident an automobile liability policy with respect to the motor vehicleinvolved in the accident;
(ii) The driver, if not the owner of the motor vehicle, if therewas in effect at the time of the accident an automobile liability policy orbond with respect to his operation of motor vehicles not owned by him;
(iii) The driver or owner whose liability for damages resultingfrom the accident is, in the judgment of the division, covered by any otherform of liability insurance policy or surety bond;
(iv) Any person qualifying as a self-insurer under W.S.31-9-414; or
(v) The owner or driver, if a personal surety bond is filedwith the division in an amount required by the division under this act with atleast two (2) individual sureties each owning real estate within the state,which real estate shall be scheduled in the bond to be approved by a judge ofthe district court.
(d) No insurance policy or surety bond is effective under thissection unless issued by an insurance company or surety company authorized todo business in this state, except that if the motor vehicle was not registeredin this state, or was a motor vehicle which was registered elsewhere than inthis state at the effective date of the policy or bond, or the most recentrenewal thereof, the policy or bond is not effective under this section unlessthe insurance company or surety company if not authorized to do business inthis state executes a power of attorney authorizing the division to acceptservice on its behalf of notice or process in any action upon the policy orbond arising out of the accident. Every policy or bond shall be subject, if theaccident has resulted in bodily injury or death, to a limit, exclusive ofinterest and costs, of not less than twenty-five thousand dollars ($25,000.00)because of bodily injury to or death of one (1) person in any one (1) accidentand, subject to the limit for one (1) person, to a limit of not less than fiftythousand dollars ($50,000.00) because of bodily injury to or death of two (2)or more persons in any one (1) accident, and, if the accident has resulted ininjury to or destruction of property, to a limit of not less than twentythousand dollars ($20,000.00) because of injury to or destruction of propertyof others in any one (1) accident.
(e) Upon receipt of notice of the accident, the insurancecompany or surety company which issued the policy or bond shall furnish forfiling with the division a written notice that the policy or bond was in effectat the time of the accident. This subsection does not apply to any personholding a motor carrier permit or certificate under W.S. 31-18-209 whofurnishes proof of financial responsibility by filing a certificate ofinsurance under W.S. 31-9-402(a)(i) or a bond under W.S. 31-9-402(a)(ii) if thecertificate or bond:
(i) Is a continuing certificate or bond;
(ii) Remains in full force and effect until cancelled; and
(iii) May not be cancelled until notice in writing of thecancellation has been on file with the division for thirty (30) days.
31-9-203. Exceptions to W.S. 31-9-202.
(a) The requirements as to security and suspension in W.S.31-9-202 shall not apply:
(i) To the driver or the owner of a motor vehicle involved inan accident wherein no injury or damage was caused to the person or property ofanyone other than the driver or owner;
(ii) To the driver or the owner of a motor vehicle legallyparked at the time of the accident;
(iii) To the owner of a motor vehicle if at the time of theaccident the vehicle was being driven without his permission, express orimplied, or was parked by a person who had been driving the motor vehiclewithout permission;
(iv) If, prior to the date that the division would otherwisesuspend license and registration or nonresident's operating privilege underW.S. 31-9-202, there shall be filed with the division satisfactory evidencethat the person who would otherwise have to file security has been releasedfrom liability or been finally adjudicated not to be liable or has executed awarrant for confession of judgment, payable in installments as the parties haveagreed, or has executed a duly acknowledged written agreement providing for thepayment of an agreed amount in installments, with respect to all claims forinjuries or damages resulting from the accident.
31-9-204. Reciprocal suspension of nonresidents' operating privilegesand residents' licenses; notice to and from other states.
(a) When a nonresident's operating privilege is suspendedpursuant to W.S. 31-9-202, the division shall transmit a certified copy of therecord of the action to the official in charge of the issuance of licenses andregistration certificates in the state in which the nonresident resides, if thelaw of the other state provides for action in relation thereto similar to thatprovided for in subsection (b) of this section.
(b) Upon receipt of certification that the driving privilege ofa resident of this state has been suspended or revoked in any other statepursuant to a law providing for its suspension or revocation for failure todeposit security for the payment of judgments arising out of a motor vehicleaccident, or for failure to deposit both security and proof of financialresponsibility, under circumstances which would require the division to suspenda nonresident's operating privilege had the accident occurred in this state,the division shall suspend the license of the resident and all of hisregistrations. Suspension shall continue until the resident furnishes evidenceof his compliance with the law of the other state relating to the deposit ofsecurity and until the resident files proof of financial responsibility ifrequired by the law.
31-9-205. Requirements for release of suspension.
(a) The license and registration and nonresident's operatingprivilege suspended as provided in W.S. 31-9-202 shall not be renewed nor shallany license or registration be issued to the person until:
(i) The person deposits or there shall be deposited on hisbehalf the security required under W.S. 31-9-202; or
(ii) One (1) year has elapsed following the date of the accidentand satisfactory evidence has been filed with the division that during theperiod no action for damages arising out of the accident has been instituted;or
(iii) Satisfactory evidence has been filed with the division of arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged written agreement, in accordance withW.S. 31-9-203(a)(iv). If there is any default in the payment of any installmentunder any confession of judgment, then, upon notice of default, the divisionshall suspend the license and registration or nonresident's operating privilegeof the person defaulting which shall not be restored until the entire amountprovided for in the confession of judgment is paid. If there is any default inthe payment of any installment under any acknowledged written agreement, then,upon notice of default, the division shall forthwith suspend the license andregistration or nonresident's operating privilege of the person defaultingwhich shall not be restored until:
(A) The person deposits and thereafter maintains security asrequired under W.S. 31-9-202 in such amount as the division determines; or
(B) One (1) year has elapsed following the date when thesecurity was required and during the period no action upon the agreement wasinstituted in a court in this state.
31-9-206. Unlicensed driver or unregistered motor vehicle in accident.
Ifthe driver or the owner of a motor vehicle involved in an accident within thisstate has no license or registration, he shall not be allowed a license orregistration until he has complied with the requirements of W.S. 31-9-202,31-9-203 and 31-9-205 through 31-9-209 to the same extent that would benecessary if, at the time of the accident, he had held a license andregistration.
31-9-207. Form and amount of security; reduction or increase.
(a) The security required under W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be in such form and in such amount as thedivision may require but in no case in excess of the limits specified in W.S.31-9-202. The person depositing security shall specify in writing the person onwhose behalf the deposit is made and, at any time while the deposit is in thecustody of the division or state treasurer, the person depositing it may, inwriting, amend the specification of the person or persons on whose behalf thedeposit is made to include an additional person or persons. A single depositof security is applicable only on behalf of persons required to furnishsecurity because of the same accident.
(b) The division may reduce or increase the amount of securityordered in any case within six (6) months after the date of the accident if, inits judgment, the amount ordered is excessive or insufficient. If the securityoriginally ordered has been deposited the excess deposited over the reducedamount ordered shall be returned to the depositor or his personalrepresentative forthwith, notwithstanding W.S. 31-9-208.
31-9-208. Disposition of security; judgments payable therefrom; returnof balance.
Securitydeposited in compliance with the requirements of W.S. 31-9-202, 31-9-203 and31-9-205 through 31-9-209 shall be placed by the division in the custody of thestate treasurer and shall be applicable only to the payment of a judgmentrendered against the person on whose behalf the deposit was made, for damagesarising out of the accident in question in an action at law, begun not laterthan one (1) year after date of the accident, or within one (1) year after thedate of deposit of any security under W.S. 31-9-205(a)(iii), and any balancethereof shall be returned to the depositor or his personal representative whensatisfactory evidence has been filed with the division that there has been arelease from liability, a final adjudication of nonliability, a warrant forconfession of judgment or an acknowledged agreement, in accordance with W.S.31-9-203(a)(iv), or whenever, after the expiration of one (1) year from thedate of the accident, or within one (1) year after the date of deposit of anysecurity, W.S. 31-9-205(a)(iii), the division is given reasonable evidencethat there is no action pending and no judgment rendered in any action leftunpaid.
31-9-209. Evidence of negligence.
Neitherthe reports required by W.S. 31-5-1106 through 31-5-1108, the action taken bythe division pursuant to W.S. 31-9-202, 31-9-203 and 31-9-205 through 31-9-209,the findings, if any, of the division upon which the action is based, nor thesecurity filed as provided in W.S. 31-9-202, 31-9-203 and 31-9-205 through31-9-209 shall be any evidence of the negligence or due care of either party,at the trial of any action at law to recover damages.
31-9-210. Transfer of registration after suspension.
Ifan owner's registration has been suspended under this act, the registrationshall not be transferred nor the motor vehicle in respect of which registrationwas issued registered in any other name until the division is satisfied thatthe transfer of registration is proposed in good faith and not for the purposeor with the effect of defeating the purposes of this act. Nothing in thissection shall be held to apply to or affect the registration of any motorvehicle sold by a person who, pursuant to the terms or conditions of anywritten instrument giving a right of repossession, has exercised the right andhas repossessed the motor vehicle from a person whose registration has beensuspended under this act.
ARTICLE 3 - SUSPENSION OF LICENSE AND REGISTRATION FORUNSATISFIED JUDGMENT
31-9-301. Notice of failure to satisfy judgment.
(a) Whenever any person fails within thirty (30) days tosatisfy any judgment subject to this act, the clerk of court, or the judge of acourt which has no clerk, in which the judgment is rendered within this state,shall forward to the division immediately a certified copy of the judgment.
(b) If the defendant named in any certified copy of a judgmentreported to the division is a nonresident, the division shall transmit acertified copy of the judgment to the official in charge of the issuance oflicenses and registration certificates of the state of which the defendant is aresident.
31-9-302. Suspension upon receipt of judgment; consent to continuedlicense and registration.
(a) Upon the receipt of a certified copy of a judgment, thedivision shall suspend the license and registration and the nonresident'soperating privilege of any person against whom judgment was rendered except asprovided in W.S. 31-9-305.
(b) If the judgment creditor consents in writing, in a formprescribed by the division, that the judgment debtor be allowed license andregistration or nonresident's operating privilege, the judgment debtor may beallowed by the division until the consent is revoked in writing,notwithstanding default in the payment of the judgment, or of any installmentsthereof prescribed in W.S. 31-9-305, provided the judgment debtor furnishesproof of financial responsibility.
31-9-303. Continued suspension until judgment satisfied; discharge inbankruptcy.
Exceptas provided in W.S. 31-9-305, the license, registration and nonresident'soperating privilege shall not be renewed, nor shall any license or registrationbe issued in the name of the person, including any person not previouslylicensed, until every judgment is stayed, satisfied or discharged, except thata discharge in bankruptcy does satisfy the judgment for the purposes of thissection.
31-9-304. When judgments deemed satisfied.
Judgmentsin excess of the amounts specified in W.S. 31-9-102(a)(xi) shall, for thepurpose of this act only, be deemed satisfied when payments in the amounts sospecified have been credited thereon. Payments made in settlement of any claimsbecause of bodily injury, death or property damage arising from a motor vehicleaccident shall be credited in reduction of the respective amounts so specified.
31-9-305. Payment of judgments in installments; failure to meetpayments.
(a) A judgment debtor upon notice to the judgment creditor mayapply to the court in which judgment was rendered for the privilege of payingthe judgment in installments and the court, in its discretion and withoutprejudice to any other legal remedies which the judgment creditor may have, mayorder and fix the amounts and times of payment of the installments.
(b) The division shall not suspend a license, registration or anonresident's operating privilege, and shall restore any license, registrationor nonresident's operating privilege suspended following nonpayment of ajudgment, when the judgment debtor gives proof of financial responsibility andobtains an order permitting the payment of the judgment in installments, andwhile the payment of any installment is not in default.
(c) If the judgment debtor fails to pay any installment asspecified by the order, then upon notice of default, the division shall suspendthe license, registration or nonresident's operating privilege of the judgmentdebtor until the judgment is fully satisfied, as provided in this act.
ARTICLE 4 - PROOF OF FINANCIAL RESPONSIBILITY
31-9-401. Suspension and revocation of license and registrations untilproof maintained; when proof required.
(a) Whenever the division, under any law of this state,mandatorily suspends or revokes the license of any person, the division shallalso suspend the registration for all motor vehicles registered in the name ofthe person, except that the registration shall not be suspended, unlessotherwise required by law, if the person has given or gives and maintains proofof financial responsibility with respect to all motor vehicles registered bythe person.
(b) The license and registration shall not be renewed nor shallany license be issued to the person, nor shall any motor vehicle be registeredin the name of the person until permitted under the motor vehicle laws of thisstate and until he shall give and maintain proof of financial responsibility.
(c) If a person is not licensed, but by final order or judgmentis convicted of or forfeits any bail or collateral deposited to secure anappearance for trial for any offense requiring the suspension or revocation oflicense, or for operating a motor vehicle upon the highways without beinglicensed to do so, or for operating an unregistered motor vehicle upon thehighways, no license shall be issued to the person and no motor vehicle shallcontinue to be registered or be registered in the name of the person until heshall give and maintain proof of financial responsibility.
(d) Whenever the division suspends or revokes a nonresident'soperating privileges, the privileges shall remain so suspended or revokedunless the person has given or gives and maintains proof of financialresponsibility.
(e) Proof of financial responsibility required to be given andmaintained under this act shall be maintained for three (3) years from the dateit is required except as provided in W.S. 31-9-413.
(f) Subsections (a) through (e) of this section do not apply tothe suspension of a license or nonresident operating privilege under W.S.31-7-128(f), (g) or (n).
31-9-402. Types of proof.
(a) Proof of financial responsibility shall be furnished foreach motor vehicle registered by any person required to give proof and may begiven by filing:
(i) A certificate of insurance as provided in W.S. 31-9-403 or31-9-404;
(ii) A bond as provided in W.S. 31-9-408; or
(iii) A certificate of deposit of money or securities as providedin W.S. 31-9-409.
31-9-403. Certificate of insurance carrier.
(a) Proof of financial responsibility may be furnished byfiling with the division the written certificate of any insurance carrierauthorized to do business in this state certifying that there is in effect amotor vehicle liability policy for the benefit of the person required tofurnish proof of financial responsibility. The certificate shall give theeffective date of the motor vehicle liability policy which shall be the same asthe effective date of the certificate, and shall designate by explicitdescription or by appropriate reference all motor vehicles covered therebyunless the policy is issued to a person who is not the owner of a motorvehicle.
(b) No motor vehicle shall be or continue to be registered inthe name of any person required to file proof of financial responsibilityunless the motor vehicle is designated in the certificate.
31-9-404. Nonresidents.
(a) The nonresident owner of a motor vehicle not registered inthis state may give proof of financial responsibility by filing with thedivision a written certificate of an insurance carrier authorized to transactbusiness in the state in which the motor vehicle described in the certificateis registered, or if the nonresident does not own a motor vehicle, then in thestate in which the insured resides, if the certificate otherwise conforms tothe provisions of this act. The division shall accept the certificate uponcondition that the insurance carrier complies with the following provisionswith respect to the policies certified:
(i) The insurance carrier shall execute a power of attorneyauthorizing the division to accept service on its behalf of notice or processin any action arising out of a motor vehicle accident in this state;
(ii) The insurance carrier shall agree in writing that thepolicies shall be deemed to conform with the laws of this state relating to theterms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transactbusiness in this state, which has qualified to furnish proof of financialresponsibility, defaults in any undertaking or agreement, the division shallnot accept as proof any certificate of the carrier so long as the defaultcontinues.
(a) As used in this act "liability policy" means anowner's or an operator's policy of liability insurance, certified as providedin W.S. 31-9-403 or 31-9-404 as proof of financial responsibility, and issued,except as otherwise provided in W.S. 31-9-404, by an insurance carrierauthorized to transact business in this state, to or for the benefit of theperson named as insured.
(b) An owner's policy of liability insurance shall:
(i) Designate by explicit description or by appropriatereference all motor vehicles with respect to which coverage is to be granted;and
(ii) Insure the person named and, except for personsspecifically excluded pursuant to W.S. 26-35-105, any other person, as insured,using any covered motor vehicle with the express or implied permission of thenamed insured against loss from the liability imposed by law for damagesarising out of the ownership, maintenance or use of the motor vehicle withinthe United States of America or the Dominion of Canada, subject to limitsexclusive of interest and costs with respect to each motor vehicle, as follows:twenty-five thousand dollars ($25,000.00) because of bodily injury to or deathof one (1) person in any one (1) accident and, subject to the limit for one (1)person, fifty thousand dollars ($50,000.00) because of bodily injury to ordeath of two (2) or more persons in any one (1) accident and twenty thousanddollars ($20,000.00) because of injury to or destruction of property of othersin any one (1) accident.
(c) An operator's policy of liability insurance shall insurethe person named as insured against loss from the liability imposed upon him bylaw for damages arising out of the use by him of any motor vehicle not owned byhim, within the same territorial limits and subject to the same limits ofliability as provided by subsection (b) of this section.
(d) The motor vehicle liability policy shall state the name andaddress of the named insured, the coverage afforded by the policy, the premiumcharged therefor, the policy period and the limits of liability, and shallcontain an agreement or be endorsed that insurance is provided in accordancewith the coverage defined in this act as respects bodily injury and death orproperty damage, or both, and is subject to all the provisions of this act.
(e) The motor vehicle liability policy shall not insure anyliability under any worker's compensation law nor any liability on account ofbodily injury to or death of an employee of the insured while engaged in theemployment, other than domestic, of the insured, or while engaged in theoperation, maintenance or repair of any motor vehicle nor any liability ordamage to property owned by, rented to, in charge of or transported by theinsured.
(f) Every motor vehicle liability policy is subject to thefollowing provisions which need not be contained therein:
(i) The liability of the insurance carrier with respect to theinsurance required by this act shall become absolute whenever injury or damagecovered by the motor vehicle liability policy occurs. The policy may not becancelled or annulled as to the liability by any agreement between theinsurance carrier and the insured after the occurrence of the injury or damage.No statement made by the insured or on his behalf and no violation of thepolicy shall defeat or void the policy;
(ii) The satisfaction by the insured of a judgment for injury ordamage shall not be a condition precedent to the right or duty of the insurancecarrier to make payment on account of the injury or damage;
(iii) The insurance carrier may settle any claim covered by thepolicy, and if settlement is made in good faith, the amount thereof shall bedeductible from the limits of liability specified in paragraph (b)(ii) of thissection;
(iv) The policy, the written application therefor, if any, andany rider or endorsement which does not conflict with this act shall constitutethe entire contract between the parties.
(g) Any policy which grants the coverage required for a motorvehicle liability policy may also grant any lawful coverage in excess of or inaddition to the coverage specified for a motor vehicle liability policy and theexcess or additional coverage is not subject to this act. With respect to apolicy which grants excess or additional coverage the "liabilitypolicy" shall apply only to that part of the coverage which is required bythis section.
(h) Any motor vehicle liability policy may provide that theinsured shall reimburse the insurance carrier for any payment the insurancecarrier would not have been obligated to make under the terms of the policyexcept for the provisions of this act.
(j) Any motor vehicle liability policy may provide for theprorating of the insurance thereunder with other valid and collectible insurance.
(k) The requirements for a motor vehicle liability policy maybe fulfilled by the policies of one (1) or more insurance carriers whichpolicies together meet the requirements.
(m) Any binder issued pending the issuance of a motor vehicleliability policy shall be deemed to fulfill the requirements for the policy.
31-9-406. Cancellation or termination of insurance; exclusion of nameddriver.
Whenan insurance carrier has certified a motor vehicle liability policy under W.S.31-9-403 or a policy under W.S. 31-9-404, the insurance certified shall not becancelled, renewed with exclusions pursuant to W.S. 26-35-105 or terminateduntil at least ten (10) days after a notice of cancellation, renewal withexclusions or termination of the insurance certified is filed with thedivision, except that a policy subsequently procured and certified shall, onthe effective date of its certification, terminate the insurance previouslycertified with respect to any motor vehicle designated in both certificates.
31-9-407. Excepted insurance policies.
(a) This act does not apply to or affect policies of automobileinsurance against liability which may now or hereafter be required by any otherlaw of this state, and the policies, if they contain an agreement or areendorsed to conform to the requirements of this act, may be certified as proofof financial responsibility under this act.
(b) This act does not apply to or affect policies insuringsolely the insured named in the policy against liability resulting from themaintenance or use by persons in the insured's employ or on his behalf of motorvehicles not owned by the insured.
31-9-408. Surety bonds.
(a) Proof of financial responsibility may be evidenced by thebond of a surety company duly authorized to transact business within thisstate, or a bond with at least two (2) individual sureties each owning realestate within this state, which real estate shall be scheduled in the bondapproved by a judge of a court of record. The bond shall be conditioned forpayment of the amounts specified in W.S. 31-9-102(a)(xi). Except as provided inW.S. 31-9-202(d), the bond shall be filed with the division and is notcancelable except after ten (10) days written notice to the division. The bondconstitutes a lien in favor of the state upon the real estate scheduled of anysurety and the lien shall exist in favor of any holder of a final judgmentagainst the person who has filed the bond, for damages, including damages forcare and loss of services, because of bodily injury to or death of any person,or for damages because of injury to or destruction of property, including theloss of use thereof, resulting from the ownership, maintenance, use oroperation of a motor vehicle after the bond was filed, upon the filing ofnotice to that effect by the division in the office of the proper clerk orcourt of the county or city where the real estate is located. The notice shallbe recorded and indexed in the same manner as now provided by law for realestate mortgages.
(b) If a judgment, rendered against the principal on the bondis not satisfied within thirty (30) days after it becomes final, the judgmentcreditor may, for his own use and benefit and at his sole expense, bring anaction in the name of the state against the company or persons executing thebond, including an action or proceeding to foreclose any lien that may existupon the real estate of a person who has executed the bond. The foreclosureshall be by proceeding in the district court of the county where the realestate is located unless it is in more than one (1) county in which case theaction shall be brought in any county in which any of the property is situated.
31-9-409. Cash and securities deposited with state treasurer.
(a) Proof of financial responsibility may be evidenced by thecertificate of the state treasurer that the person named therein has depositedwith him twenty-five thousand dollars ($25,000.00) in cash, or securities asprovided by W.S. 9-4-821 or as may legally be purchased for trust funds of amarket value of twenty-five thousand dollars ($25,000.00). The state treasurershall not accept any deposit and issue a certificate therefor and the divisionshall not accept the certificates unless accompanied by evidence that there areno unsatisfied judgments of any character against the depositor in the countywhere the depositor resides.
(b) The deposit shall be held by the state treasurer tosatisfy, in accordance with this act, any execution on a judgment issuedagainst the person making the deposit, for damages, including damages for careand loss of services, because of bodily injury to or death of any person, orfor damages because of injury to or destruction of property including the lossof use thereof, resulting from the ownership, maintenance, use or operation ofa motor vehicle after the deposit was made. Money or securities so deposited isnot subject to attachment or execution unless the attachment or executionarises out of a suit for damages as provided by this subsection.
31-9-410. Proof by owner in lieu of driver.
Wheneverany person required to give proof of financial responsibility is or laterbecomes a driver in the employ of any owner, or is or later becomes a member ofthe immediate family or household of the owner, the division shall accept proofgiven by the owner in lieu of proof by the other person to permit the otherperson to drive a motor vehicle for which the owner has given proof as hereinprovided.
31-9-411. Substitution of proof.
Thedivision shall consent to the cancellation of any bond or certificate ofinsurance or the division shall direct and the state treasurer shall return anymoney or securities to the person entitled thereto upon the substitution andacceptance of other adequate proof of financial responsibility pursuant to thisact.
31-9-412. When further proof required.
Wheneverany proof of financial responsibility filed under this act no longer fulfillsthe purposes for which required, the division shall require other proof asrequired by this act and shall suspend the license and registration of thenonresident's operating privilege pending the filing of other proof.
31-9-413. Cancellation or return; reestablishment.
(a) Proof of financial responsibility is not required to bemaintained if:
(i) Repealed by Laws 1989, ch. 173, 1,2.
(ii) The person on whose behalf proof was filed dies or isunable to drive a motor vehicle due to permanent incapacity; or
(iii) The person who has given proof surrenders his license andregistration to the division.
(b) The division shall not consent to the cancellation of anybond or the return of any money or securities if any action for damages upon aliability covered by the proof is then pending or any judgment upon anyliability is then unsatisfied, or if the person who has filed bond ordeposited money or securities has, within one (1) year immediately precedingthe request, been involved as an operator or owner in any motor vehicleaccident resulting in injury or damage to the person or property of others. Anaffidavit of the applicant as to the nonexistence of such facts, or that he hasbeen released from all of his liability, or has been finally adjudicated not tobe liable, for the injury or damage, is sufficient evidence thereof in theabsence of evidence to the contrary in the records of the division.
(c) Whenever any person whose proof has been cancelled orreturned under paragraph (a)(iii) of this section applies for a license orregistration within a period of three (3) years from the date proof wasoriginally required, the application shall be refused unless the applicantshall reestablish proof for the remainder of the three (3) year period.
31-9-414. Self-insurer.
(a) Any person in whose name more than twenty-five (25) motorvehicles are registered may qualify as a self-insurer by filing cash,securities or a surety bond in the amount of two hundred thousand dollars($200,000.00) plus one hundred dollars ($100.00) for each vehicle in excess oftwenty-five (25) to be covered, which cash, securities or surety bond shallotherwise meet the requirements of W.S. 31-9-408 and 31-9-409.
(b) The division may upon application issue a certificate ofself-insurance to a person who has satisfied the requirements under subsection(a) of this section. The certificate of self-insurance shall apply to the ownerand all operators and shall expire three (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the division may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shall be:
(i) Failure to pay any judgment within thirty (30) days afterjudgment is final;
(ii) Failure within thirty (30) days to requalify under subsection(a) of this section when any portion of the bond on file has been used tosatisfy a judgment; or
(iii) A showing the person no longer has twenty-five (25) motorvehicles registered in his name.
31-9-415. Proof of group financial responsibility.
(a) Any religious or charitable tax exempt group pursuant toSection 501(c)(3) of the Internal Revenue Code that is able to demonstrate tothe state auditor that the group has met financial commitments and obligationsof this nature of the individuals who comprise the group for the five (5)previous years and whose members combined own more than five (5) registeredmotor vehicles may qualify as a self-insurer by filing cash, securities or asurety bond in the amount of fifty thousand dollars ($50,000.00), which cash,securities or surety bond shall otherwise meet the requirements of W.S.31-9-408 and 31-9-409.
(b) The department may upon application issue a certificate ofself-insurance to each group who has satisfied the requirements undersubsection (a) of this section. The certificate of self-insurance shall applyto the owners and all operators who are members of the group and shall expirethree (3) years from the date of issue.
(c) Upon not less than ten (10) days notice and a hearingpursuant to notice, the department may upon reasonable grounds cancel acertificate of self-insurance. Reasonable grounds for cancellation shallinclude:
(i) Failure to pay, or enter into an agreement to pay, anyjudgment within sixty (60) days after judgment is final;
(ii) Failure within thirty (30) days to requalify undersubsection (a) of this section when any portion of the bond on file has beenused to satisfy a judgment;
(iii) A showing that the tax exempt group no longer has five (5)motor vehicles registered to the members of the group; or
(iv) A failure to report that a member of the group no longerqualifies.
