Graduated drivers licenses.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0014

ENROLLED ACT NO. 91, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to motor vehicles; providing for graduated driver's permits for certain minors; specifying conditions; specifying exceptions; amending definitions; conforming provisions; providing for maintenance of records; repealing void provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
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102(a)(xxv), 31
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108(a), 31
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109(d) by creating a new paragraph (vii), 31
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110(a), (b), (f) and by creating new subsections (g) through (n), 31
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113(a) by creating a new paragraph (xi), 31
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117(f)(ii), 31
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126 and 31
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304(a)(ii)(C) are amended to read:

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102.

Definitions.

(a)

As used in this act:

(xxv)

"License", "driver's license", "commercial driver's license"
,

or
"instruction permit"
or "intermediate permit"
means
any
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;

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108.

Persons not to be licensed; investigation by the division.

(a)

No driver's license shall be issued to any person who is under the age of
sixteen (16)
seventeen (17)
years, except as provided in W.S. 31
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110 and 31
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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
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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
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802(h), as evidenced by a passing grade or certificate
.

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109.

Classes of licenses.

(d)

Licensing classification plan:

(vii)

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

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110.

Instruction and temporary driver's permits.

(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
has been licensed as a driver for the type or class of vehicle being used for at least one (1) year
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.
This subsection does not apply to motorcycle instruction permits.

(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 a vision test may issue to the applicant an instruction permit which 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 which 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
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110(h)(ii)(B) through (E).

(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
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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
has been licensed as a driver for a class "C" vehicle for at least one (1) year
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 subsection (k) 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
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1214 or 31
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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 subsection (k) of this section 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.

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113.

Fees.

(a)

The following fees are imposed:

(xi)

Intermediate permit
........

$15.00

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117.

Restricted licenses.

(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:

(ii)

Has been
Is
licensed to drive
for at least one (1) year
as a driver for the type or class of vehicle being used
;

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126.

Reporting of convictions and failure to appear by courts.

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.
Each court in this state shall also forward to the division within ten (10) working days from the date of conviction a record of the conviction of any person under nineteen (19) years of age in the court for a violation of any law regarding the possession, delivery, manufacture or use of a controlled substance or alcohol.
The court shall also forward to the division a report of any violation by any person of a written 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.

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304.

Issuance; classifications and endorsements.

(a)

Commercial driver's licenses may be issued with the following classifications and endorsements. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles which require a separate endorsement, unless the proper endorsement appears on the license:

(ii)

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's license:

(C)

"P" authorizes the driver to operate a bus or any motor vehicle as defined in W.S. 31
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102(a)(iii) used for the transportation of passengers, providing the licensed driver has attained the age of eighteen (18) years
;
, except the "P" endorsement may be placed upon the license of a licensed driver between the ages of sixteen (16) and eighteen (18) years who has secured the approval of the school district and the permission of a parent or guardian of each child to be transported, thereby allowing the driver to transport students to and from school;

Section 2.

W.S. 31
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108(b)(vii) is repealed.

Section 3.

This act shall only apply to persons applying for a license or permit who are under the age of seventeen (17) on September 16, 2005 and who do not have a valid driver's license from this state or another jurisdiction.

Section 4.

This act is effective September 16, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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