§ 31-1-203 — Special enforcement officers; summons and notice to appear for violations; deposit for appearance; disposition of deposit

Wyoming § 31-1-203

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 1: GENERAL PROVISIONS
• Art. 2: ADMINISTRATION

Text

(a) The department shall designate certain employees as
special officers for the purpose of enforcing the provisions of
motor vehicle laws and regulations.
(b) Employees designated under subsection (a) of this
section may issue summons for violations of W.S. 31-4-101,
31-7-106, 31-7-133, 31-18-101 through 31-18-603, 31-18-701,
31-18-801 through 31-18-808 and 39-17-208.
(c) The employees designated under subsection (a) of this
section upon issuing a summons shall deliver to the offender a
notice to appear which shall describe the nature of the offense,
with instructions for the offender to report to the nearest
circuit court designated in the notice. The employee may accept
a deposit for appearance. The court coordinator shall establish
a uniform deposit for appearance schedule for each violation of
the statutes set forth in subsection (b) of this section. If the
employee accepts a deposit for appearance from the offender, he
shall give a signed, numbered receipt for the amount received
and shall write the receipt number on the notice to appear. The
employee shall deliver the deposit and a copy of the notice to
appear to the circuit court before whom the offender is to
appear and the circuit court judge shall give a receipt to the
employee for the amount of the deposit. The circuit court shall
assume jurisdiction after filing of a complaint and appearance
by the offender. If the offender fails to appear at the
appointed time the deposit for appearance may be forfeited by
order of the court and paid into the public school fund of the
county.
(d) The department may enter into mutual aid agreements
with adjoining states to provide for the construction and joint
operation of ports-of-entry located near the borders of the
party states. A mutual aid agreement pursuant to this
subsection may provide for the issuance of permits and the
collection of highway user fees, registration fees, permit fees,
fuel taxes or any other motor carrier fees that may be
prescribed by law at a joint port-of-entry on behalf of the
adjoining state. As a condition precedent to a written
agreement becoming effective under this act, the agreement shall
be submitted to and receive the approval of the attorney general
and the governor.
(e) A mutual aid agreement pursuant to subsection (d) of
this section shall specify the following:
(i) Its duration, which shall be not more than four
(4) years;
(ii) The purpose of the agreement;
(iii) The manner of financing the agreement and
establishing and maintaining a budget therefor;
(iv) The method to be employed in accomplishing the
partial or complete termination of the agreement and for
disposing of property upon such partial or complete termination;
(v) Provision for administering the agreement;
(vi) The manner of acquiring, holding and disposing
of real and personal property used in the agreement;
(vii) The minimum standards for port-of-entry
employees implementing the provisions of the agreement;
(viii) The respective liability of each party to the
agreement for the actions of port-of-entry employees when acting
under the provisions of the agreement;
(ix) The minimum insurance, if any, required of each
party to the agreement;
(x) The exact chain of command or delegation of
authority to be followed by port-of-entry employees acting under
the provisions of the agreement;
(xi) The enforcement authority that the port-of-entry
employee of each state may exercise;
(xii) Any other necessary and proper matters.
(f) A special enforcement officer, appointed under
subsection (a) of this section may receive an appointment from
an adjoining state and act on behalf of the adjoining state to
enforce commercial vehicle and size and weight laws at a joint
port-of-entry, as provided in a mutual aid agreement pursuant to
subsection (d) of this section. A special enforcement officer
with an appointment from an adjoining state, upon determining
there is probable cause to believe a person is in violation of
the commercial vehicle or size and weight laws of the adjoining
state, may issue a summons to appear in the appropriate state
court of the adjoining state. The summons shall command the
person to appear in the court of the adjoining state where the
violations occurred. A special enforcement officer shall not
have the power to arrest any person on behalf of an adjoining
state.
(g) The department may appoint an out-of-state special
enforcement officer to issue summons as provided in subsection
(b) of this section at a joint port-of-entry located in an
adjoining state, pursuant to a mutual aid agreement as provided
in subsection (d) of this section.
(h) Whenever port-of-entry employees of an adjoining state
are performing duties pursuant to a mutual aid agreement
pursuant to subsection (d) of this section, the employees shall
have the same powers, duties, rights, privileges and immunities
as comparable Wyoming port-of-entry employees as provided for in
the agreement.