§ 31-4-103 — Failure to maintain liability coverage; penalties; exceptions

Wyoming § 31-4-103

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 4: GENERAL OFFENSES AND PENALTIES

Text

(a) No owner of a motor vehicle currently required to be
registered or which is required to be registered within a period
of time, shall operate or permit the operation of his motor
vehicle without having in full force and effect a motor vehicle
liability policy in amounts provided by W.S. 31-9-405(b), a bond
in amounts provided by W.S. 31-9-102(a)(xi) or, when applicable,
in amounts as required by W.S. 31-20-107(b) and (c). Violation
of this subsection is a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine of not less than five
hundred dollars ($500.00) nor more than one thousand five
hundred dollars ($1,500.00), or both. For a second or
subsequent violation of this subsection, the judge shall require
the defendant to deliver the registration and license plates of
the vehicle involved to the county treasurer for the county
where the citation was issued, and the registration and license
plates shall be held by the county treasurer until such time as
the judge determines that the defendant has met all obligations
imposed by law. Excusable neglect or mistake by another is a
defense for any violation of this subsection. If evidence of
excusable neglect or mistake by another is presented and the
defendant is convicted, the court may consider this evidence in
imposing a penalty under this subsection. The judge may suspend
part or all of the sentence under this subsection and place the
defendant on probation subject to conditions imposed by the
judge which shall include a condition that the defendant shall
deliver the registration and license plates of the vehicle
involved to the county treasurer for the county where the
citation was issued. This subsection does not apply to a vehicle
owned by a nonresident and registered in a state requiring
insurance if a vehicle insurance policy meeting requirements of
the laws and regulations of that state is in effect or unless it
otherwise complies with the laws of that state concerning
compulsory financial responsibility. The department shall
report any violation of this subsection to the motor vehicle
administrator in the state wherein the vehicle is registered. A
vehicle owned by a nonresident and registered in a state not
requiring insurance is exempt from this subsection.
(b) Any police officer as defined by W.S.
31-5-102(a)(xxxiii), issuing a citation for any moving violation
under W.S. 31-5-101 through 31-5-1402 or inspecting any vehicle,
shall require the operator of any motor vehicle required to be
registered to produce evidence of whether the operator or owner
of the motor vehicle has in full force and effect a motor
vehicle liability policy in amounts provided by W.S. 31-9-405(b)
or a bond in amounts provided by W.S. 31-9-102(a)(xi). If the
operator cannot show proof of financial responsibility, the
driver shall have seven (7) days to produce such proof. Any
operator or owner of a motor vehicle required to be registered
who is not able to demonstrate evidence of compliance with
subsection (a) of this section may be charged with violating
that subsection. Additionally, the judge may order any driver
failing to produce proof of financial responsibility to pay
restitution in accordance with W.S. 7-9-101 through 7-9-115.
The displaying or exhibiting of a validly issued insurance
identification card as provided by W.S. 31-8-201 by an operator
or owner of the motor vehicle constitutes compliance with this
section. No operator or owner of a motor vehicle charged with
violating this section shall be convicted if he produces in
court one (1) of the following which was valid at the time of
arrest or at the time the citation was issued:
(i) A liability insurance policy previously issued to
him;
(ii) Evidence of a bond on file with the department
in amounts provided by W.S. 31-9-102(a)(xi).
(c) Upon receipt of a notice of a conviction under
subsection (a) of this section, the department shall require the
person convicted to file and maintain, for a three (3) year
period, proof of financial responsibility as required by W.S.
31-9-401 through 31-9-414. Failure to provide proof of
financial responsibility within thirty (30) days after
notification shall result in the suspension of the person's
driver's license and nonresident operating privileges. The
suspension shall remain in effect until the required proof of
financial responsibility is received by the department.
(d) This section does not apply to:
(i) Self-insurers pursuant to W.S. 31-9-414;
(ii) A vehicle owned by the United States government,
any state or political subdivision thereof which is
self-insured;
(iii) A vehicle meeting the requirements of W.S.
31-9-408 and 31-9-409;
(iv) A commercial vehicle registered or
proportionally registered in this and any other jurisdiction
provided the vehicle is covered by a vehicle insurance policy
complying with the laws of any other jurisdiction in which it is
registered.
(e) The department shall adopt by rule and regulation an
on-line verification system for motor vehicle insurance or bond
as required by this section, subject to the following:
(i) The verification system shall be accessible
through the Internet, World Wide Web or a similar proprietary or
common carrier electronic system by authorized personnel of the
department, the courts, law enforcement personnel, any other
entities authorized by the department, and insurers authorized
by the insurance department to issue the insurance required by
this section;
(ii) The verification system shall be available
twenty-four (24) hours a day to verify the insurance status of
any vehicle registered in Wyoming through the vehicle's
identification number, policy number, registered owner's name or
other identifying characteristic or marker as prescribed by the
department in its rules and regulations;
(iii) The verification system shall be installed and
operational no later than July 1, 2008, following an appropriate
testing period;
(iv) The department may contract with a private
vendor to assist in establishing and maintaining the
verification system, which may include a database of information
reported to the department by insurers or may provide for direct
inquiry of insurers' records by authorized personnel;
(v) The verification system shall include appropriate
provisions, consistent with industry standards, to secure its
data against unauthorized access and to maintain a record of all
information requests;
(vi) Information contained in the verification system
shall only be available for inspection under W.S. 16-4-201
through 16-4-205 as provided in W.S. 16-4-203(d)(x);
(vii) Notwithstanding the provisions of subsection
(b) of this section and W.S. 31-8-203(a), any police officer as
defined by W.S. 31-5-102(a)(xxxiii), during a traffic stop or
accident investigation, may access information relating to a
motor vehicle or an operator subject to the traffic stop, or to
a motor vehicle or operator involved in an accident, from the
on-line verification system to establish compliance with this
section and to verify the current validity of the policy
described on any insurance identification card issued pursuant
to W.S. 31-8-201 and produced by the operator of a motor vehicle
during the traffic stop or accident investigation.