(a)  As used in this act:

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

(ii)  "Alcohol concentration" means:

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

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

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

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

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

(v)  "Commerce" means:

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

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

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

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

(viii)  "Commercial vehicle" or "commercial motor vehicle" means any vehicle or vehicle combination used in commerce to transport passengers or property if the motor vehicle:

(A)  Has a gross vehicle combination weight rating or gross combination weight of twenty-six thousand one (26,001) or more pounds, whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than ten thousand (10,000) pounds, whichever is greater; or

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

(C)  Is of any size and is used in the transportation of hazardous materials as defined in W.S. 31-7-102(a)(xxiii); or

(D)  Has a gross vehicle weight rating or gross vehicle weight of twenty-six thousand one (26,001) pounds or more, whichever is greater.

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

(x)  "Controlled substance" includes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xli)  "Serious traffic violation" means:

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

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

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

(D)  Erratic lane changes;

(E)  Following the vehicle ahead too closely;

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

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

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

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

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

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

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

(xlv)  "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen (119) gallons and an aggregate rated capacity of one thousand (1,000) gallons or more which are either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand (1,000) gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle;

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

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

(xlviii)  "Commercial learner's permit" means a permit issued to an individual which, when carried with a valid driver's license issued in accordance with this act, authorizes an individual to operate a commercial motor vehicle when accompanied by a passenger holding a valid commercial driver's license for the class and type of vehicle being driven;

(xlix)  "Digital driver's license" means a secure electronic representation of a physical driver's license that is stored on the driver's portable electronic device and may be viewed or verified by a person to whom access is allowed. A digital driver's license is optional to purchase, supplemental to a physical driver's license and may be accepted in lieu of a physical driver's license at the option of the person requesting or requiring proof of licensure or identification;

(l)  "Last known address" means the address, email address or other electronic contact information, as applicable, according to the sending method, on file with the division;

(li)  "Portable electronic device" means an electronic device that is portable in nature, is easily carried or conveyed by hand and may be used to display, transmit, or both;

(lii)  "REAL ID Act" means the REAL ID Act of 2005, Public Law 109 13, 119 Stat. 302, enacted May 11, 2005, and subsequent amendments thereto;

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

(a)  The administration of this act shall be exercised by the department, which may prescribe forms and reasonable rules and regulations in conformity with this act and the Uniform Electronic Transactions Act under W.S. 40-21-101 through 40-21-119. Provisions of this act prevail over the Uniform Electronic Transactions Act if there is a conflict. The department shall keep records of all monies received and disbursed. The records shall be open to examination by the director of the state department of audit or his designee and the legislative service office. The highway patrol and all peace officers of any county or municipality shall aid in the enforcement of this act.

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

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

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

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

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

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

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

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

(i)  Of his right to request a hearing;

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

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

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

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

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

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

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

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

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

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

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

(A)  Revocation;

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

(C)  A cancellation;

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

(E)  A denial under W.S. 31-7-108(b);

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

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

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

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

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

(c)  No person shall have more than one (1) valid driver's license or any other state-issued, REAL ID Act-compliant identification card at any time. A person shall surrender to the division all valid physical driver's licenses or state-issued, REAL ID Act or other applicable federal law compliant identification cards in his possession or any person who has been previously licensed or issued an identification card in this or any other state but who does not have in their possession the license or identification card previously issued in this or any other state shall complete an affidavit of "No License/ID Card in Possession", before receiving a driver's license under this act.

(d)  The division shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d)  Licensing classification plan:

(i)  Repealed by Laws 2015, ch. 100, 2.

(ii)  Repealed by Laws 2015, ch. 100, 2.

(iii)  Class "C" consists of any single vehicle or combination of vehicles, except motorcycles, that does not require a commercial driver's license. Any person under the age of eighteen (18) is prohibited from operating a vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more;

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

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

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

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

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

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

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

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

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

(ii)  Repealed by Laws 2015, ch. 100, 2.

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

(iv)  Repealed by Laws 2015, ch. 100, 2.

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

(vi)  Repealed by Laws 2015, ch. 100, 2.

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

(viii)  "Z" authorizes the holder of a class C license under subsection (d) of this section to operate a vehicle or combination of vehicles which have a gross vehicle weight rating of thirty-nine thousand one (39,001) pounds or more. An endorsement under this paragraph shall not be required for any driver exempted from licensing requirements of this article under W.S. 31-7-303 and shall be issued only if the driver held a class A or class B license under this article prior to July 1, 2015 or the driver, as required by rule and regulation of the department, has completed a written test and:

(A)  Has taken a skills test; or

(B)  Has submitted an affidavit of competency signed by a person currently licensed to operate a vehicle of this weight.

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

(k)  Any person licensed to drive any class of vehicle pursuant to this section may also drive an autocycle as defined in W.S. 31-1-101(a)(xv)(Q).

(m)  The restricted driver's license "24/7" authorizes the driver to operate a vehicle as provided in W.S. 31-5-233(n). This restricted license shall not permit a driver to operate a motor vehicle that requires a commercial driver's license.

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

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

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

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

(e)  Any person who holds a valid Wyoming classified driver's license and who is at least eighteen (18) years of age may apply to the division for a commercial learner's permit. The division may, after the person has successfully passed all required examinations, other than the driving skills examination and paid the required fee, issue to the person a commercial learner's permit, which entitles the person to drive a commercial motor vehicle on a highway only when accompanied by a person who has a commercial driver's license valid for the type of vehicle driven and who occupies a seat beside the person for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner's permit may not be issued for a period to exceed three hundred sixty-five (365) days. Every person holding a commercial driver's license shall obtain a commercial learner's permit prior to upgrading their commercial driver's license to a higher class type, adding an endorsement or removing a restriction which requires a skills test.

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

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

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

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

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

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

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

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

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

(E)  Required due to a medical emergency.

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

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

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

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

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

(b)  The application shall include:

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

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

(iii)  Date of birth;

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

(v)  The person's signature;

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

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

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

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

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

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

(xii)  Documentation issued by the armed forces of the United States that the applicant is an honorably discharged veteran of the armed forces of the United States, if the applicant wishes to have a veteran designation pursuant to W.S. 31-7-141;

(xiii)  Whether the applicant is requesting a medical alert designation as provided for in W.S. 31-7-142;

(xiv)  The option for the applicant to donate an additional amount to provide for wildlife conservation efforts related to the transportation system.

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

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

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

(f)  No person shall be issued a driver's license within ten (10) days of issuance of an instruction or temporary driver's permit for the same vehicle class. A commercial driver's license issued after a commercial learner's permit shall be subject to the time restrictions stated in W.S. 31-7-304(g).

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

(a)  The following fees are imposed, in addition to the fee in subsection (g) of this section:

(i)  Driver's license      $40.00

(ii)  Instruction permit      $40.00

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

(iv)  Duplicate or renewal      $30.00

(v)  Extension or renewal      $30.00

(vi)  Commercial driver's license      $50.00

(vii)  Commercial learner's permit   $40.00

(viii)  Commercial license renewal or duplicate

(ix)  Commercial driver's license skills test conducted by the department      $80.00

(x)  Initial or renewal of class "M" designation      $6.00

(xi)  Intermediate permit      $30.00

(xii)  Digital driver's license   $20.00

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

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

(d)  If a driver's license with limited driving privileges is granted pursuant to W.S. 31-7-105(f), the fee shall be fifty dollars ($50.00).

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

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

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

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

(g)  Notwithstanding subsection (b) of this section, in addition to each fee collected pursuant to subsections (a) and (d) of this section, an additional transportation information system fee of five dollars ($5.00) shall be imposed and shall be deposited in the transportation information system account created by W.S. 31-1-204.

(a)  The division shall examine every applicant for a driver's license and instructional permit and shall require each applicant to demonstrate adequate visual acuity according to department rules. The division's examination shall include a test of the applicant's ability to read and understand official traffic control devices and the applicant's knowledge of safe driving practices and the traffic laws of the state. The examination may also include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles to be driven.

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

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

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

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

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

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

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

(iii)  A third party tester who is not a division of the state is bonded in an amount and as required by rules adopted by the department;

(iv)  Fingerprints and other necessary information is provided by, and a federal bureau of investigation's criminal background check is conducted on, every person conducting skills testing on and after January 1, 2014 and on an annual basis thereafter;

(v)  No skills test is conducted on a student or graduate of a commercial vehicle training school by any commercial vehicle training school examiner who provided instruction to the student or graduate; and

(vi)  Every person conducting a skills test shall conduct no less than ten (10) skills tests per year. Any skills tester who performs less than ten (10) tests per year shall be subject to recertification pursuant to rules adopted by the department.

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

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

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

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

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

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

(B)  The distinguishing number assigned to the licensee;

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

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

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

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

(G)  Date the license is issued;

(H)  Date the license expires;

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

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

(M)  A veteran designation in the form of a printed "V" pursuant to W.S. 31-7-141;

(N)  The space for a medical alert designation as provided for in W.S. 31-7-142.

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

(c)  Any permit issued in connection with a commercial learner's permit shall be issued as a separate document or digital document, which shall comply with all security measures required by the department to comply with applicable federal law.

(d)  A license issued under subsection (a) of this section may include a digital driver's license. A digital driver's license may be issued upon request of a licensee and payment of the required fee. No digital driver's license shall be issued unless the applicant holds the corresponding physical driver's license or unless the corresponding physical driver's license is issued simultaneously. The department may digitally cancel, suspend or revalidate a digital driver's license on the occasions that a physical driver's license would be taken possession of, cancelled, suspended, returned or reinstated, as appropriate. A digital driver's license shall be designed:

(i)  To protect to the maximum extent practicable the digital driver's license holder's privacy, including the use of privacy enhancing technologies or other security methods as deemed appropriate by the department;

(ii)  So that there is no need for the driver's license holder to relinquish possession of the portable electronic device in which the digital driver's license is stored to present the digital driver's license.

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv)  Is occupying a seat beside the driver.

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

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

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

(c)  Notwithstanding subsection (f) of this section, the division may defer for successive five (5) year periods the expiration of or renew the license of a licensee who is on active duty in the armed forces of the United States or of a licensee employed by a federal, state or local government agency, where the federal, state or local government agency requires the licensee's physical presence in another state or foreign country, upon terms and conditions as the division may prescribe. The division may similarly defer the expiration of or renew the license of the spouse or dependent child of the person in the armed forces or the federal, state or local government agency if residing with that person.

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

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

(f)  Once in any ten (10) year period, a driver's license may be extended for a five (5) year period without the examination required by subsection (b) of this section for a licensee:

(i)  Whose license has not been suspended or revoked in the five (5) years immediately preceding the date of license expiration;

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

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

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

(g)  The division shall send a notification for license extension pursuant to subsection (f) of this section to the last known address of an eligible licensee, or notify by electronic means if the eligible licensee has consented to receive notices electronically, within one hundred twenty (120) days prior to license expiration. The license extension application shall be returned to the division with a postmark at least thirty (30) days before the license expiration date or, if the eligible licensee has consented to receive notices electronically, by electronic means at least thirty (30) days before the license expiration date. The application shall be accompanied by written evidence that the applicant has demonstrated adequate visual acuity according to department rules. Upon receipt of a completed application and the fee prescribed by W.S. 31-7-113(a)(v), the division shall issue a license extension to eligible licensees. The division shall provide a summary of changes in the law relating to motor vehicles to licensees who receive a license extension.

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

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

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

(ii)  All applications granted;

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

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

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

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

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

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

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

(ii)  Permit him to retain the license; or

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

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

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

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

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

(b)  Upon implementation of a case management system in a circuit court or district court, the supreme court shall, on behalf of the circuit court or district court, furnish the abstract of the court record required under this section to the division. The abstract furnished under this section shall include the information required in W.S. 7-19-107(k).

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

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

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

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

(B)  The date of the conviction at issue.

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

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

(B)  The date of the conviction at issue.

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

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

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

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

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

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

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

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

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

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

(B)  The date of conviction at issue.

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

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

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

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

(B)  The date of the conviction at issue.

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

(d)  Repealed By Laws 2013, Ch. 102, 3.

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

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

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

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

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

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

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

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

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

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

(II)  The date of conviction.

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

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

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

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

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

(n)  The division shall suspend the license or nonresident operating privilege of any driver upon receiving a record of the driver's second or subsequent conviction under W.S. 6-3-402 with regard to motor vehicle fuel offered for retail sale, a similar local ordinance or a similar statute or ordinance in another jurisdiction for:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)  Upon cancelling, suspending or revoking a license, the division shall require that any physical license be surrendered to the division and that any digital driver's license be cancelled or suspended.

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

(c)  At the end of a period of a suspension, the division shall return a license to the licensee, if unexpired, and revalidate any digital driver's license, if applicable.

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

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

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

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

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

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

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

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

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

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

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

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

(a)  Evidence that a notice or order from the division under this act was mailed to the last known address of a person is prima facie proof the person received the notice or order five (5) days after the notice or order was mailed. Evidence that a notice or order from the division was sent by electronic means to the person's last known address, if the person has consented to receive notices electronically, is prima facie proof that the person received the notice or order one (1) day after the notice or order was sent electronically.

(b)  A person licensed under this act shall notify the division in writing within ten (10) days of any change of his address or name. Notification to the division may be by electronic means if the division has made electronic notification available and if the person opts to use electronic means. The division shall maintain a record of the names and addresses of all persons licensed under this act and shall amend the record when notified under this subsection.

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

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

(i)  The date of issuance;

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

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

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

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

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

(i)  Applies in person at a licensing station;

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

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

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

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

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

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

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

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

(B)  Retained, if the licensee is convicted.

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

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

(B)  The licensee was convicted.

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

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

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

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

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

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

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

(a)  The department shall, at the applicant's request, identify on the Wyoming driver's license or identification card that the person has a medical condition for which the person is requesting a medical alert designation.

(b)  Any person, official, institution or agency participating in good faith in any act required or permitted by W.S. 31-7-115, 31-7-142 and 31-8-101 is immune from any civil or criminal liability that might otherwise result by reason of the action. For purposes of any civil or criminal proceeding, the good faith of any person, official, institution or agency participating in any act permitted or required by W.S. 31-7-115, 31-7-142 and 31-8-101 shall be presumed.