No person shall drive or move on the highway any vehicle, including vehicles referenced in W.S. 31-5-901(c), unless the equipment upon the vehicle is in good working order and adjustment as required in this act and unless the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. ARTICLE 10 - SIZE AND WEIGHT LIMITS 31-5-1001. Renumbered as § 31-18-801 by Laws 1993, ch. 68, § 3. 31-5-1002. Renumbered as § 31-18-802 by Laws 1993, ch. 68, § 3. 31-5-1003. Renumbered as § 31-18-803 by Laws 1993, ch. 68, § 4. 31-5-1004. Renumbered as § 31-18-804 by Laws 1993, ch. 68, § 3. 31-5-1005. Renumbered as § 31-18-805 by Laws 1993, ch. 68, § 3. 31-5-1006. Renumbered as § 31-18-806 by Laws 1993, ch. 68, § 4. 31-5-1007. Renumbered as § 31-18-807 by Laws 1993, ch. 68, § 3. 31-5-1008. Renumbered as § 31-18-808 by Laws 1993, ch. 68, § 3. 31-5-1009. Prohibition of triple trailers. Except for the provisions of W.S. 31-18-808 and 31-18-803(a) no vehicle combination composed of more than three (3) single vehicles shall operate by special permit, test permit, or otherwise on the highways of this state. ARTICLE 11 - ACCIDENTS 31-5-1101. Duty to stop vehicle where accident involves death or personal injuries; penalties. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of W.S. 31-5-1103. Every stop shall be made without obstructing traffic more than is necessary. (b) Any person failing to stop or to comply with subsection (a) of this section shall, upon conviction, be imprisoned not more than one (1) year, fined not more than five thousand dollars ($5,000.00), or both. 31-5-1102. Duty to stop vehicle where accident involves damage to attended vehicle or property; penalty. The driver of a vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to and remain at the scene of the accident until he has fulfilled the requirements of W.S. 31-5-1103. Every stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with this section is guilty of a misdemeanor. 31-5-1103. Duty to give information and render aid. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license to the person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and to any police officer at the scene of or who is investigating the accident. The driver shall also render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that the treatment is necessary or if the carrying is requested by the injured person. 31-5-1104. Duty upon colliding with unattended vehicle or property. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or other property shall immediately stop and shall immediately either locate and notify the operator or owner of the vehicle or other property of his name, address and the registration number of the vehicle he is driving or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving his name, address and the registration number of the vehicle he is driving. Every stop shall be made without obstructing traffic more than is necessary. 31-5-1105. Notice required of driver. (a) The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice of the accident to: (i) The local police department if the accident occurs within a municipality; or (ii) To the nearest office of the state highway patrol or to the office of the county sheriff. (b) Subsection (a) of this section shall only apply if the accident results in: (i) Injury to or death of any person; or (ii) Property damage to the extent the vehicle, excluding bicycles or any other vehicle moved solely by human power, is so disabled as to prevent its normal and safe operation. 31-5-1106. Written reports required of police officers; reporting of vehicles struck by bullets. (a) Repealed By Laws 2013, Ch. 102, § 3. (b) Repealed By Laws 2013, Ch. 102, § 3. (c) Every police officer who investigates a motor vehicle accident shall forward a written report of the accident to the highway department within ten (10) days after his investigation of the accident if the motor vehicle accident results in: (i) Bodily injury to or death of any person; or (ii) Total property damage to the extent the vehicle is so disabled as to prevent its normal and safe operation, either: (A) At the time of and at the scene of the accident; or (B) After the motor vehicle has been moved from the scene of the accident and the police officer is informed by the participants or witnesses of the accident that the motor vehicle is no longer operable. (d) The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the local police department if the garage is located within a municipality, otherwise to the county sheriff or nearest office of the state highway patrol, within twenty-four (24) hours after the motor vehicle is received by the garage or repair shop, giving the identifying number, registration number and the name and address of the owner or driver of the vehicle. 31-5-1107. Duty of occupant and owner when driver incapable of reporting. (a) Repealed By Laws 2013, Ch. 102, § 3. (b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in W.S. 31-5-1105 and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver. (c) Repealed By Laws 2013, Ch. 102, § 3. 31-5-1108. Report forms; failure to make report; false report. (a) The highway department shall prepare and upon request supply to police departments, coroners, sheriffs and other suitable agencies or individuals, forms for accident reports required hereunder, appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved. (b) Every accident report required to be made in writing shall be made on the appropriate form approved by the highway department and shall contain all of the information required therein unless not available. (c) Every accident report shall also contain information sufficient to enable the department to determine whether the requirements for the deposit of security under any of the laws of this state are inapplicable by reason of the existence of insurance or other exceptions specified therein. (d) Repealed By Laws 2013 (e) A person shall not give information in oral or written reports as required in W.S. 31-5-1101 through 31-5-1111 knowing or having reason to believe that the information is false. 31-5-1109. Repealed by Laws 1985, ch. 212, § 4. 31-5-1110. Confidentiality of supplemental information to reports; use of reports as evidence; exceptions. (a) Repealed By Laws 2013, Ch. 102, § 3. (b) Supplemental information to a crash report filed in connection with the administration of the laws of this state relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection. The supplemental information may be examined by any person named therein or by his representative designated in writing. (c) No written reports forwarded under this section shall be used as evidence in any trial, civil or criminal, arising out of a crash except for prosecutions for filing false reports and, except that the highway department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified crash report has or has not been made to the highway department in compliance with law, and, if a report has been made, the date, time and location of the crash, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. 31-5-1111. Reports required by municipalities. (a) Any municipality may by ordinance require that the driver of a vehicle involved in a crash, or the owner of the vehicle, shall file with a designated city department a report of the crash or a copy of any report herein required to be filed with the highway department. All reports shall be subject to W.S. 31-5-1110. Any crash report required of persons involved in crashes shall be without prejudice to the individual so reporting. (i) Repealed by Laws 2017, ch. 174, § 2. (ii) Repealed by Laws 2017, ch. 174, § 2. 31-5-1112. Tabulation and analysis of reports. The department shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents. ARTICLE 12 - OFFENSES, PENALTIES AND ENFORCEMENT 31-5-1201. Violation of provisions to constitute misdemeanor; penalties; officer training fee. (a) It is a misdemeanor for any person to violate any of the provisions of this act or rules and regulations authorized under this act unless the violation is by this act or other law of this state declared to be a felony. (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this act or rules and regulations authorized under this act for which another penalty is not provided shall: (i) For a first conviction be punished by a fine of not more than two hundred dollars ($200.00); (ii) For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00); (iii) For a third or subsequent conviction of the same offense within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. (c) Evidence of a prior conviction or convictions under subsection (a) of this section shall not be introduced during the trial of any case, but shall be introduced only after the completion of the trial for the purpose of determining the penalty to be imposed upon a conviction hereunder. (d) Except as provided in subsection (g) of this section: (i) Repealed by Laws 2018, ch. 117, § 2. (ii) Repealed by Laws 2018, ch. 117, § 2. (iii) Repealed by Laws 2018, ch. 117, § 2. (iv) Convictions shall not be considered pursuant to W.S. 31-7-129(a)(i) for driver license suspensions for speeding violations of less than eighty (80) miles per hour where the posted speed limit is at least sixty-five (65) miles per hour or less than six (6) miles per hour over the posted speed limit in all other instances and zones, except speeding violations in school zones, or construction zones; (v) Notwithstanding W.S. 5-9-107, court fees and costs for violations of W.S. 31-5-301(b) or (c) and the training fee imposed under subsection (h) of this section shall not be assessed for speeds through five (5) miles per hour over the speed limits authorized by W.S. 31-5-301(b) or (c); (vi) Except for violations in construction or school zones, every person convicted of a violation of W.S. 31-5-301(b)(iii), (iv), (vi), (vii) or (c): (A) For speeds less than six (6) miles per hour over the legal speed limit, shall be fined five dollars ($5.00) for each mile per hour in excess of the legal speed limit not to exceed twenty-five dollars ($25.00); (B) For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined thirty dollars ($30.00) plus two dollars ($2.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs; (C) For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined forty-five dollars ($45.00) plus five dollars ($5.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs; (D) For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus five dollars ($5.00) for each mile per hour in excess of twenty (20) miles per hour over the legal speed limit plus assessed fees and costs. (vii) Every person convicted of a violation of W.S. 31-5-301(b)(ii) or speeding in a construction zone: (A) For speeds less than six (6) miles per hour over the legal speed limit, shall be fined sixty-five dollars ($65.00) plus two dollars ($2.00) for each mile per hour in excess of the legal speed limit; (B) For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined forty dollars ($40.00) plus seven dollars ($7.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs; (C) For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus seven dollars ($7.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs; (D) For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined one hundred ninety-five dollars ($195.00) plus seven dollars ($7.00) for each mile per hour in excess of twenty (20) miles per hour over the legal speed limit plus assessed fees and costs. (viii) Every person convicted of a violation of speeding in a school zone under W.S. 31-5-301(b)(i): (A) For speeds less than six (6) miles per hour over the legal speed limit, shall be fined fifty dollars ($50.00) plus two dollars ($2.00) for each mile per hour in excess of the legal speed limit; (B) For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined ninety-five dollars ($95.00) plus ten dollars ($10.00) for each mile per hour in excess of five (5) miles per hour over the legal speed limit plus assessed fees and costs; (C) For speeds more than ten (10) miles per hour over the legal speed limit, shall be fined two hundred dollars ($200.00) plus ten dollars ($10.00) for each mile per hour in excess of ten (10) miles per hour over the legal speed limit plus assessed fees and costs; (D) Upon any subsequent conviction of exceeding the legal speed limit in a school zone as provided in W.S. 31-5-301(b)(i) by more than ten (10) miles per hour within one (1) year, a person shall be fined not less than three hundred ninety-five dollars ($395.00) nor more than one thousand dollars ($1,000.00) plus assessed fees and costs. (e) Any person convicted of a violation of W.S. 31-5-507(a) shall be fined not less than one hundred ninety-five dollars ($195.00) nor more than seven hundred forty-five dollars ($745.00) plus assessed fees and costs. Upon any subsequent conviction of a violation of W.S. 31-5-507(a) within one (1) year, a person shall be fined not less than three hundred ninety-five dollars ($395.00) nor more than nine hundred ninety-five dollars ($995.00) plus assessed fees and costs. (f) Any person convicted of violating W.S. 31-5-229 shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. (g) In addition to any other penalty, every person convicted of violating W.S. 31-5-301(b), (c) or 31-5-302 by exceeding the legal speed limit by six (6) or more miles per hour while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding thirty-nine thousand (39,000) pounds shall be fined two hundred ninety-five dollars ($295.00) plus assessed fees and costs. (h) Every person convicted of a violation for which a fine or penalty is set forth under this section shall have imposed in addition to the prescribed fine or penalty and any court fees a police officer continuing education and training fee of five dollars ($5.00) except as provided in paragraph (d)(v) of this section. The fee shall be for police officer as defined in W.S. 31-5-102(a)(xxxiii) continuing education and training that complies with standards promulgated by the peace officers standards and training commission and shall be remitted as provided by W.S. 5-3-205(a)(iii) and 5-9-144 to the account in the enterprise fund under W.S. 9-1-633(n). (j) Any person convicted of a misdemeanor for a violation of any of the provisions under W.S. 31-5-1102 through 31-5-1108 shall: (i) For a first conviction be punished by a fine of not more than two hundred dollars ($200.00), by imprisonment for not more than twenty (20) days, or both; (ii) For a second conviction of the same offense within one (1) year thereafter, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both; (iii) For a third or subsequent conviction of the same offense within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. 31-5-1202. Parties to crime. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared herein [in this chapter] to be a crime, whether individually or in connection with one (1) or more other persons or as a principal, agent or accessory, is guilty of the offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this act is likewise guilty of the offense. 31-5-1203. Unlawful acts by persons owning or controlling vehicles. It is unlawful for the owner or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law. 31-5-1204. Authority to make arrest; general arrest procedures; arrest of nonresidents. (a) The authority of a police officer to make an arrest is the same as upon an arrest for a felony when the officer has reasonable and probable grounds to believe that the person arrested has committed any of the following offenses and the manner of making arrests shall be as in misdemeanor cases: (i) Negligent homicide or homicide by vehicle; (ii) Driving or being in actual physical control of a vehicle while under the influence of alcohol or any substance as prohibited by W.S. 31-5-233; (iii) Failure to stop, failure to give information or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries as prescribed in W.S. 31-5-1101 and 31-5-1103; (iv) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or other property as prescribed in W.S. 31-5-1102 through 31-5-1104; (v) Reckless driving; (vi) Racing on the highway; or (vii) Willfully fleeing from or attempting to elude a police officer. (b) Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper court as specified in W.S. 31-5-1205(g), except that in the case of any of the offenses designated in paragraphs (a)(iv) through (vii) of this section, a police officer shall have the same discretion as is provided in other cases in subsection (d) of this section. (c) Whenever any person is halted by a police officer for any violation of this act, he shall be taken without unnecessary delay before the proper court as specified in W.S. 31-5-1205(g), in any of the following cases: (i) When the person demands an immediate appearance before a judge; or (ii) In any other event when the person is issued a traffic citation by a police officer and refuses to give his promise to appear in court manifested by his refusal to accept the citation. (d) Whenever any person is halted by a police officer for any violation of this act and is not required to be taken before a court as provided by subsection (c) of this section, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper judge, as specified in W.S. 31-5-1205(g), in any of the following cases: (i) When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a promise to appear in court; (ii) When the person is charged with a violation of W.S. 31-5-959, relating to vehicles transporting hazardous materials; (iii) When the person is charged with a violation of W.S. 31-18-804. (e) A police officer who arrests a nonresident of this state for any violation of this act may instead of issuing a traffic citation containing notice to appear in court, take the nonresident without unnecessary delay before the proper court, as specified in W.S. 31-5-1205(g) or pursuant to W.S. 31-5-1205(h) require that the bond be posted in accord with an adopted bond schedule and which may be accepted by the arresting officer for delivery to the court. 31-5-1205. Traffic citations; notice to appear in court; release upon written promise to appear; procedure before judge or court; arrest for driving under the influence. (a) Whenever a person is halted by a police officer for any violation of this act punishable as a misdemeanor, and is not taken before a judge as required or permitted, the officer shall prepare a written traffic citation containing a notice to appear in court. (b) The time specified in the notice to appear must be at least five (5) days after the alleged violation unless the person charged with the violation demands an earlier hearing. (c) The place specified in the notice to appear must be before a judge as designated in subsection (g) of this section. (d) The person charged with the violation may give his promise to appear in court by accepting at least one (1) copy of the written traffic citation prepared by the officer, in which event the officer shall deliver a copy of the citation to the person, and thereupon, the officer shall not take the person into physical custody for the violation. (e) Any officer violating any of the provisions of this section is guilty of misconduct in office and is subject to removal from office. (f) Except for felonies and those offenses enumerated in W.S. 31-5-1204(a)(i), (ii) and (iii), a police officer at the scene of a traffic accident may issue a written traffic citation, as provided in subsection (a) of this section, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this act in connection with the accident. (g) Whenever any person is taken before a judge or is given a written traffic citation containing a notice to appear before a judge, the judge shall be a judge within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred. For the purpose of this section, the terms "judge" and "court" includes judges and courts having jurisdiction of offenses under this act as committing judges and courts and those having jurisdiction of the trials of the offenses. (h) Whenever any person is taken into custody by a police officer for the purpose of taking him before a judge or court as authorized or required in this act upon any charge other than a felony or the offenses enumerated in W.S. 31-5-1204(a)(i), (ii) and (iii), and no judge is available at the time of arrest, and there is no bail schedule established by the judge or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the judge or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his acceptance of the citation signifying his promise to appear as provided in subsection (d) of this section. (j) The procedure prescribed by this section is not exclusive to this act, but is applicable in all proceedings arising out of an alleged violation of a statute, ordinance or regulation relating to operation or use of any vehicle or to use of the highways. (k) Repealed by Laws 2025, ch. 9, § 2. 31-5-1206. Violation of promise to appear; appearance by counsel. (a) It is unlawful for any person to violate his promise to appear given to an officer upon the issuance of a traffic citation regardless of the disposition of the charge for which the citation was originally issued. (b) A promise to appear in court may be complied with by an appearance by counsel. (c) Failure to appear as defined in this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both. 31-5-1207. Procedure not exclusive. The provisions of W.S. 31-5-1204 through 31-5-1206 shall govern all police officers in making arrests without a warrant for violations of this act, but the procedure prescribed herein is not exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. 31-5-1208. Inadmissibility of evidence of conviction. No evidence of the conviction of any person for any violation of this act is admissible in any court in any civil action. 31-5-1209. Effect of conviction upon credibility of witness. The conviction of a person upon a charge of violating any provision of this act or other traffic regulation less than a felony shall not affect or impair the credibility of the person as a witness in any civil or criminal proceeding. 31-5-1210. Traffic citation books. The chief administrative officer of every traffic enforcement agency is responsible for the issuance of traffic citation books and shall maintain a record of every book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued. 31-5-1211. Disposition and records of traffic citations. (a) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau. (b) Upon the deposit of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, the original or copy of the traffic citation may be disposed of only by trial in court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom the traffic citation was issued by the traffic enforcement officer. (c) It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required by this act. (d) The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator. (e) The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited. 31-5-1212. Audit of traffic citation records; annual summary of traffic violation notices. (a) Every record of traffic citations required in W.S. 31-5-1201 through 31-5-1214, shall be audited annually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible. (b) The fiscal officer shall publish or cause to be published an annual summary of all traffic violation notices issued by the traffic enforcement agency and the dispositions thereof in at least one (1) local daily newspaper of general circulation. 31-5-1213. Use of citations as lawful complaints. In the event the form of citation provided under W.S. 31-5-1210 includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then the citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this act. 31-5-1214. Record of traffic cases; reports of convictions. (a) Every judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to the court and shall keep a record of every official action by the court in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint or citation deposited with or presented to the court. (b) Except as provided in subsection (g) of this section, within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of this act or other law regulating the operation of vehicles on highways every clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the court record covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle. (c) The abstract must be made upon a form furnished by the department and shall include the name and address of the party charged, the number, if any, of his driver's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited and the amount of the fine or forfeiture as the case may be. (d) Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used. (e) The failure, refusal or neglect of any judicial officer to comply with any of the requirements of this section constitutes misconduct in office and is grounds for removal therefrom. (f) The department shall keep all abstracts received hereunder at its main office and the abstracts shall be open to public inspection during reasonable business hours. (g) 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 department. The abstract furnished under this section shall include the information required in W.S. 7-19-107(k). ARTICLE 13 - CHILD SAFETY RESTRAINT 31-5-1301. Short title. This article is known and may be cited as the "Child Safety Restraint Act." 31-5-1302. Definitions. (a) As used in this article: (i) "Child safety restraint system" means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable federal motor vehicle safety standards in effect at the time of manufacture; (ii) Repealed by Laws 2003, Ch. 197, § 2. (iii) "Emergency vehicle" means any fire department vehicle, police, sheriff's department or highway patrol vehicle, civil defense vehicle, ambulance, hearse or other vehicle used primarily for emergency purposes; (iv) "Motor vehicle" means every vehicle which is self-propelled; (v) "Passenger vehicle" means a motor vehicle designed to carry people and that was equipped with safety belts at the time of manufacture, excluding: (A) Emergency and law enforcement vehicles; (B) School buses as defined under W.S. 31-5-102(a)(xlii), including buses registered to a private school or church used to transport children to or from school or church or in connection with school or church activities; (C) Buses, or other vehicles designed and used for public transportation, whether intrastate or interstate, that were not equipped with safety belts at the time of manufacture. (vi) Repealed By Laws 2003, Ch. 197, § 2. (vii) Repealed By Laws 2003, Ch. 197, § 2. 31-5-1303. Child safety restraint system; required use; exception. (a) Except as otherwise provided in subsection (b) of this section, no person shall operate a passenger vehicle in this state unless each child who is a passenger in that vehicle and who has not reached his ninth birthday is properly secured in a child safety restraint system in a seat of the vehicle other than the front seat, except if the vehicle is only equipped with one (1) row of seats, or if all safety belts in the rows of seats behind the front seat are in use by other child passengers in the vehicle, the child may be properly secured in a child safety restraint system in the front passenger seat of the vehicle, except that a rear-facing infant seat shall not be placed in front of an active airbag. (b) Any child who is within the age requirements specified in subsection (a) of this section need not be properly secured in a child safety restraint system if: (i) A licensed physician has determined that the weight or physical or medical condition of the child requires that the child not be secured in such a system. The person operating a passenger vehicle transporting such a child shall carry in the vehicle the physician's signed statement certifying that the child should not be secured in a child restraint system; (ii) Repealed By Laws 1998, ch. 86, § 2. (iii) Repealed By Laws 1998, ch. 86, § 2. (iv) Repealed By Laws 1998, ch. 86, § 2. (v) Repealed By Laws 1998, ch. 86, § 2. (vi) The driver of the vehicle is rendering aid or assistance to the child or his parent or guardian; (vii) The lap and shoulder belts of the vehicle will fit properly across the collarbone, chest and hips of the child and the belts do not pose a danger to the neck, face or abdominal area of the child in the event of a crash or sudden stop. 31-5-1304. Penalty. (a) Any person who violates this article shall be issued a citation and fined not more than fifty dollars ($50.00) for the first offense, provided that the fine shall be waived by the court upon receipt of proof by the court that the offender, after the offense occurred, has purchased, leased or otherwise acquired a child safety restraint system which meets the requirements of this article. For a second or subsequent violation of this article, the offender shall be fined not more than one hundred dollars ($100.00). (b) Any person who uses a child safety restraint system in a manner other than in accordance with the manufacturer's instructions is guilty of a violation of this article and shall be fined as provided in subsection (a) of this section. 31-5-1305. Limiting application. Violation of this article does not constitute evidence of negligence or recklessness and does not constitute a basis for criminal prosecution except as set forth in this article. ARTICLE 14 - SAFETY BELT USAGE 31-5-1401. Definitions. (a) As used in this act: (i) "Emergency vehicle" means as defined in W.S. 31-5-1302(a)(iii); (ii) "Passenger vehicle" means a vehicle which is self-propelled and designed to carry eleven (11) persons or less and primarily used to transport persons, including autocycles and pickup trucks but excluding emergency vehicles, motorcycles and buses; (iii) "Police officer" means as defined in W.S. 31-5-102(a)(xxxiii); (iv) "Safety belt" means a passenger restraint which was installed when the vehicle was manufactured; (v) "Vehicle" means as defined in W.S. 31-5-102(a)(lviii); (vi) "This act" means W.S. 31-5-1401 and 31-5-1402. 31-5-1402. Safety belts required to be used; exceptions; reduction in fine. (a) Each driver and passenger of a motor vehicle operated in this state shall wear, and each driver of a motor vehicle shall require that a passenger under twelve (12) years of age shall wear, a properly adjusted and fastened safety belt when the motor vehicle is in motion on public streets and highways. (b) Subsection (a) of this section does not apply to: (i) Any person who has a written statement from a physician that it is not advisable for the person to wear a safety belt for physical or medical reasons; (ii) Any passenger vehicle which is not required to be equipped with safety belts under federal law; (iii) A carrier of the United States postal service performing duties as a postal carrier; (iv) Any person properly secured in a child safety restraint system in accordance with W.S. 31-5-1301 through 31-5-1305; or (v) Any person occupying a seat in a vehicle in which all operable safety restraints are being used by the driver or passengers and any person occupying a seat in a vehicle originally manufactured without a safety belt. (c) No violation of this section shall: (i) Be counted as a moving violation for the purpose of suspending a driver's license under W.S. 31-7-129; (ii) Be grounds for increasing insurance premiums or made a part of the abstracts kept by the department pursuant to W.S. 31-5-1214. (d) No motor vehicle shall be halted solely for a violation of this section. (e) All citations for violations of the motor vehicle laws of this state and for violations of traffic ordinances or traffic regulations of a local authority shall contain a notation by the issuing officer indicating whether the driver and passengers complied with this section. Compliance with this section shall entitle a licensee to a ten dollar ($10.00) reduction in the fine otherwise imposed by any court having jurisdiction over the alleged offense. The driver who violates this section may be issued a citation and may be subject to a fine of not more than twenty-five dollars ($25.00). Any passenger who violates this section may be issued a citation and may be subject to a fine of not more than ten dollars ($10.00). (f) Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action. ARTICLE 15 - MOTORCYCLE SAFETY EDUCATION PROGRAM 31-5-1501. Definitions. (a) As used in this act: (i) "Department" means the Wyoming department of transportation; (ii) "Director" means the director of the department of transportation; (iii) "Program" means the Wyoming motorcycle safety education program established under W.S. 31-5-1502; (iv) "This act" means W.S. 31-5-1501 through 31-5-1507. 31-5-1502. Motorcycle safety education program created. (a) The department shall develop standards for, establish and administer the Wyoming motorcycle safety education program. (b) The program shall provide for novice rider training courses in sufficient numbers and at locations throughout the state as necessary to meet the reasonably anticipated needs of state residents who desire to complete the course. The program shall also include instructor training courses and instructor approval. (c) The program may include rider training courses for experienced riders, activities to increase motorcyclists' alcohol and drug effects awareness, motorcycle driver improvement efforts, motorcycle licensing improvement efforts, program promotion activities and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles. (d) The director shall appoint a program coordinator to oversee and direct the program. (e) Standards for the motorcycle rider training courses, including standards for course content, delivery, curriculum, materials, and student evaluation, and standards for the training and approval of instructors shall comply with the requirements of this act and shall meet or exceed established national standards for motorcycle rider training courses. 31-5-1503. Rider training courses; certificates; exemption for licensing skills test. (a) The program shall offer motorcycle rider training courses designed to develop and instill the knowledge, attitudes, habits and skills necessary for the proper operation of a motorcycle. The courses shall be taught only by instructors approved under W.S. 31-5-1504 and shall include not less than eight (8) hours of hands-on instruction for a novice course. (b) Rider training courses shall be open to any resident of the state who either holds a current valid driver's license for any classification or who is eligible for a motorcycle instruction permit. (c) The department shall issue certificates of completion in a manner and form prescribed by the director to persons who satisfactorily complete the requirements of a motorcycle rider training course offered or authorized by the state program. (d) The department may exempt applicants for a motorcycle driver's license or endorsement from the licensing skill test if they present evidence of successful completion of an approved rider training course which includes a similar test of skill. 31-5-1504. Instructor training and approval. (a) The department shall approve instructors for the motorcycle rider training courses. No person shall be approved as an instructor unless the person meets the requirements of this act and regulations of the department and unless the person holds a currently valid instructor certification issued by the motorcycle safety foundation or another nationally recognized motorcycle safety instructor certifying body. (b) The program shall offer instructor training courses as needed to prepare instructors to teach the motorcycle rider training courses. Successful completion of the instructor training course shall require the participant to demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency and the necessary aptitude for instructing students. No person shall be approved as an instructor unless the person has successfully completed the instructor training course or an equivalent course offered in another state. (c) The department shall establish by rule and regulation additional requirements for the approval of instructors. 31-5-1505. Implementing authority; rules and regulations. (a) The department shall adopt rules and regulations to implement the motorcycle safety education program. (b) The department may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for implementation of the program. (c) The department may offer motorcycle rider training courses directly and may approve courses offered by independent public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the state program. (d) The department may establish reasonable enrollment fees to be charged for persons who participate in motorcycle rider training courses. Any fees collected under this section by the department for courses provided directly by the department shall be deposited in the motorcycle safety education program account created by W.S. 31-5-1506. Any fees collected by independent public or private entities approved by the department to offer courses shall be retained by the entity providing the course. Fees established under this section shall be set as low as possible to encourage participation in the courses, but shall be set so that the total of fees and other funds credited to the motorcycle safety education program account defray the expenses of the motorcycle safety education program. 31-5-1506. Motorcycle safety education program account. (a) The motorcycle safety education program account is created in the state highway fund and appropriated on a continual basis to the department which shall administer the account. Money in the account shall only be used for administration and implementation of the program, including defraying expenses in offering motorcycle rider training courses, either directly or by contract. (b) At the end of each fiscal year, monies remaining in the account shall be retained in the account. The interest and income earned on money in the account, after deducting any applicable charges, shall be credited to the account. (c) In addition to any fees collected under W.S. 31-5-1505, the following revenue shall be credited to the account: (i) Seven dollars ($7.00) of the annual registration fee for each registered motorcycle as provided in W.S. 31-3-101(a)(ii)(D); (ii) The fee for each motorcycle driver's endorsement as provided in W.S. 31-7-113(a)(x), less the amount distributed under W.S. 31-7-113(g). 31-5-1507. Advisory committee created; appointments; terms; duties; removal; compensation. The director shall appoint a program advisory committee consisting of five (5) persons representing various interests in motorcycle safety to advise and assist the program coordinator in developing, establishing and maintaining the program. The committee shall monitor program implementation and report to the director as necessary with recommendations. The committee shall select from its membership a chairman and vice-chairman. The term of office for each member shall be two (2) years. Members may be removed as provided in W.S. 9-1-202. Vacancies shall be filled by the director for the unexpired term. Of the initial committee, three (3) members shall be appointed to serve for two (2) years and two (2) members shall serve for one (1) year. Members of the committee shall serve without compensation, but shall be reimbursed in the same manner and the same amount as state employees for their travel and per diem expenses while engaged in committee business. ARTICLE 16 - OFF-ROAD RECREATIONAL VEHICLES 31-5-1601. Operation on highways. (a) An off-road recreational vehicle may be operated upon any public road rights-of-way, streets, roads or highways within Wyoming subject to the following conditions: (i) Off-road recreational vehicles may be operated on main-traveled roadways only upon that portion of a public road right-of-way, street, road or highway designated open by the state, local or federal agency with jurisdiction over the roadway and designated a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707 by the department of state parks and cultural resources. No portion of a public road right-of-way, street, road or highway shall be designated as a Wyoming off-road recreational vehicle trail by the department without the consent of the state, local or federal agency with jurisdiction over the roadway. Off-road recreational vehicles operated upon roadways designated as trails shall be subject to the user registration fee prescribed by W.S. 31-2-703 and proof of liability insurance with limits not less than twenty-five thousand dollars ($25,000.00) and shall not be deemed a motorcycle as defined in W.S. 31-1- 101(a)(xv)(E)(I) and 31-5-102(a)(xxii). Nothing in this paragraph shall be deemed to authorize the department to acquire or expand any public road right-of-way in order to accommodate the operation of off-road recreational vehicles; (ii) Crossings of main-traveled roadways shall be made at right angles to the roadway or as nearly so as practicable, but in any case yielding the right-of-way to all traffic in the main-traveled roadway; (iii) When operating at any time from one-half (½) hour after sunset to one-half (½) hour before sunrise, the off- road recreational vehicle shall be equipped with lighted lamps and illuminating devices in accordance with W.S. 31-5-910 through 31-5-940; (iv) The off-road recreational vehicle shall be equipped with an adequate braking device that may be operated either by hand or foot, a horn pursuant to W.S. 31-5-952(a), a muffler pursuant to W.S. 31-5-953(c) and a mirror pursuant to W.S. 31-5-954(a); and (v) If operated on state or federal lands, the off- road recreational vehicle shall be equipped with: (A) An approved spark arrester; (B) A noise muffler which produces a propulsion noise level of not more than one hundred two (102) decibels at twenty (20) inches in a stationary test. (vi) This section does not apply to off-road recreational vehicles operated on public road rights-of-way, streets or highways for agricultural operations pursuant to W.S. 31-5-124(a)(i). (b) Nothing in this section authorizes the operation of an off-road recreational vehicle upon a public road right-of-way, street, road or highway within Wyoming by a person who has not been issued a valid driver’s license or permit. (c) As used in this section, "public road right-of-way" means the entire right-of-way of a street, road or highway within Wyoming, including the traveled portions, banks, ditches, shoulders and medians of a street, road or highway except as provided in subsection (e) of this section. (d) Off-road recreational vehicles as defined by W.S. 31- 1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2- 232 may be operated upon any open public road rights-of-way, streets, roads or highways within Wyoming, notwithstanding the designation of the public road right-of-way, street, road or highway as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707. (e) Off-road recreational vehicles as defined in W.S. 31- 1-101(a)(xv)(K) shall not be operated on the roadway or right- of-way of an interstate highway except as authorized by department rules and except that an off-road recreational vehicle under this subsection: (i) May be operated in the right-of-way adjacent to the interstate roadway on a trail where there is a physical barrier between the trail and the interstate highway and the trail is designated, marked or signed as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31- 2-707, provided the off-road recreational vehicle: (A) Is operated by a person with a valid driver's license for the type or class of vehicle being operated; (B) Displays a license plate pursuant to W.S. 31-2-232 or an off-road recreational vehicle decal pursuant to W.S. 31-2-702 through 31-2-704. (ii) May be operated on separate grade crossings, over or under the interstate roadway, marked or signed as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31- 2-701 through 31-2-707, provided the off-road recreational vehicle: (A) Is operated by a person with a valid driver's license for the type or class of vehicle being operated; (B) Displays a license pursuant to W.S. 31-2-232 or an off-road recreational vehicle decal pursuant to W.S. 31-2- 702 through 31-2-704. ARTICLE 17 - NONCONSENSUAL TOWING SERVICES 31-5-1701. Towing companies; rotation list. (a) The department shall provide by rule and regulation for the safe and efficient removal of vehicles from the highways when the owner or operator of the vehicle is unable to actively assist in the vehicle's removal. (b) Rules adopted by the department pursuant to this section shall include: (i) A voluntary rotation list for tow truck and recovery carriers to be called by law enforcement officials when vehicle towing or recovery is required. The department may identify different categories of towing and recovery and maintain a list for each category; (ii) Basic standards for law enforcement officials and the tow truck and recovery carriers to follow when a rotational call is made to clear or remove vehicles from the highways; (iii) Procedures for tow truck and recovery carriers who wish to be placed on the rotational call list; (iv) Minimum equipment standards for tow truck and recovery standards to be placed on the rotational list; (v) Inspections of carriers as necessary to enforce equipment and licensing requirements; (vi) Identification of geographical areas for the operation of a rotation list in that area; (vii) Provision for reprimand or suspension from the rotation list for a period of up to one (1) year or removal from the rotation list for a period in excess of one (1) year as determined by the director of the department, for carriers that violate the criteria to be on the rotation list; (viii) An appeals process in accordance with the Wyoming Administrative Procedure Act for carriers who dispute any suspension or removal from the rotation list; (ix) A requirement that a tow truck or recovery carrier file a summary rate disclosure document which states typical fees for commonly used towing and recovery procedures, including but not limited to such items as daytime and nighttime call rates, hook-up fees, winch fees, labor costs, mileage charges and vehicle storage charges. In any action where the fee charged by a towing company is in issue, the burden of proof to show that the fee is fair and reasonable shall be upon the towing company.
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