§ 31-7-102 — Definitions

(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 any one (1)
of the following:
(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) Improper or 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 or a commercial
learner's permit;
(H) Driving a commercial motor vehicle without a
commercial driver's license or a commercial learner's permit in
the driver's possession. A person shall not be guilty of a
violation of this subparagraph if the person provides proof
prior to or at a court or administrative hearing establishing
that the person held a valid commercial driver's license or a
commercial learner's permit on the date of the citation;
(J) Driving a commercial motor vehicle without
the proper class of commercial driver's license or commercial
learner's permit or endorsements for the specific vehicle group
being operated or for the passengers or type of cargo being
transported;
(K) A violation of state or local law relating
to motor vehicle traffic control that prohibits using an
electronic wireless communication device to write, send or read
text-based communication while driving a commercial motor
vehicle;
(M) A violation of state or local law relating
to motor vehicle traffic control that restricts or prohibits the
in-hand use of a hand held electronic wireless communication
device while driving a commercial motor vehicle.
(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.