Commercial motor vehicles-definitions.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0267

ENROLLED ACT NO. 102, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
commercial motor vehicles;
amending
definitions
to comply with federal definitions
;
repealing exemptions from commercial vehicle requirements;
and providing for an effective date.

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

Section 1.

W.S. 31
‑
18
‑
101(a)(
iii)
by creating new subparagraphs (D)
,
(E)
, (ix), (x)
(intro),
(A), (D)
,
by creating a new subparagraph (F)
and by creating new paragraphs (xxi) and (xxii)
, 31
‑
18
‑
103(a)
(iv), (v), (vi) and (ix)
and 31
‑
18
‑
201(a) by creating a new paragraph (vii) are amended to read:

31
‑
18
‑
101.

Definitions.

(a)

As used in this act:

(iii)

"Commercial vehicle" means any vehicle or vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit and shall include, but not be limited to:

(D)

With respect to interstate operation:

(I)

Any
vehicle engaged in transporting of persons or property, having a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination
weight
of ten thousand one (10,001) pounds or more;

(II)

Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;

(III)

Any vehicle transporting
six
teen (1
6
) or more passengers, including the driver, without compensation;

(IV)

Any vehicle requiring a
hazardous materials placard; or

(V)

Any power unit having three (3) or more axles regardless of weight.

(E)

With respect to intrastate operation:

(I)

Any vehicle engaged in transporting of persons or property, having a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination
weight
of twenty-six thousand one (26,001) pounds or more;

(II)

Any vehicle transporting eight (8) or more passengers, including the driver, for compensation;

(III)

Any vehicle transporting
six
teen (1
6
) or more passengers, including the driver, without compensation;

(IV)

Any vehicle requiring a hazardous materials placard;

(V)

A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty
-
six thousand (26,000) pounds;

(VI)

A power unit having three (3) or more axles regardless of weight; or

(VII)

Is used in combination when the weight of such combination exceeds twenty
-
six thousand (26,000) pounds of gross vehicle weight.

(ix)

"Highway" means any road,

thoroughfare

street

or
public
way
, whether on public or private property, open to public travel
of any kind in
Wyoming
. For purposes of this paragraph, "open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-
wheel
standard passenger cars and open to the general public for use without restrictive gates,
prohibitive
signs or
regulation
other than restriction based on size, weight or class of registration. Toll plazas of public toll roads are not considered restrictive gates
;

(x)

"Motor carrier" or "carrier" means a contract
,

or

private

or interstate

commercial vehicle operating on
state
highways as hereafter defined:

(A)

"Contract motor carrier" means any person engaged in the intrastate

or interstate
transportation of persons or property by motor vehicle on
state
highways for compensation;

(D)

"Private motor carrier" means any person engaged in business and operating a vehicle which has a gross vehicle weight
, gross vehicle weight

rating
, gross combination weight or gross combination weight
rating
exceeding twenty-six thousand (26,000) pounds

operating intrastate or has a gross vehicle weight, gross vehicle weight
rating
, gross combination weight or gross combination weight
rating
exceeding ten thousand (10,000) pounds operating interstate
who, without compensation, transports
intrastate
over
state
highways his employees or property of which the person is the owner, lessee or bailee, used in the furtherance of any commercial enterprise

including transporting placardable amounts of hazardous materials or operating a vehicle designed to transport sixteen (16) or more passengers, including the driver
.

As used in this paragraph "commercial enterprise" means activities of those persons engaged in the exchange, purchase or selling of commodities or rendering a service in related financial transactions;

(F)

"Interstate motor carrier" means any person engaged in the transportation of person or property by motor vehicle from one (1) state to another for compensation, including locations outside of the
United States
.

(xxi)

"Gross combination weight rating" means as defined in W.S. 31
‑
7
‑
102(a)(xxi);

(xxii)

"Gross vehicle weight rating" means as defined in W.S. 31
‑
7
‑
102(a)(xxii).

31
‑
18
‑
103.

Exemptions.

(a)

The provisions contained in W.S.
31
‑
18
‑
104, 31
‑
18
‑
209,

31
‑
18
‑
301 and 31
‑
18
‑
304 do
not apply to:

(iv)

Intrastate t
ransportation on his own motor vehicle or combination of vehicles having a gross vehicle weight of less than fifty-five thousand (55,000) pounds by any farmer or rancher, or the employee of a farmer or rancher exclusively in his service, transporting produce or commodities for his own use to and from his farm or ranch;

(v)

The exchange of
intrastate
transportation in their own motor vehicles, or combination of vehicles having a gross vehicle weight of less than fifty-five thousand (55,000) pounds by farmers or ranchers, or the employees of farmers or ranchers exclusively in their service, when the exchange is between farmers or ranchers, or their employees, in the immediate community;

(vi)

The exclusive
noncommercial
transportation of children to and from school;

(ix)

Motor carriers

Noncommercial vehicles
engaged in the exclusive transportation of the
United States
mail;

31
‑
18
‑
201.

Commercial vehicles; registration; exemptions.

(a)

As used in this article:

(vii)

"Commercial vehicle" means any vehicle or vehicle combination used, designed or maintained for transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property for gain or profit and shall include, but not be limited to:

(A)

A power unit having two (2) axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand (26,000) pounds;

(B)

A power unit hav
ing
three (3) or more axles regardless of weight; or

(C)

Is used in combination when the weight of such combination exceeds twenty-six thousand (26,000) pounds of gross vehicle weight.

Section 2.

W.S.
31
‑
18
‑
101(a)(iii)(A) through (C)
, 31
‑
18
‑
103(a)(i) through (iii) and (xi),

31
‑
18
‑
303(d)
and 31
‑
18
‑
304(c)(i) and (ii)

are
repealed.

Section
3
.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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