Federal Motor Carrier Safety Act Compliance.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0018

ENROLLED ACT NO. 18, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to commercial driving; regulating the issuance of commercial drivers licenses; specifying prohibited acts; providing
and amending
penalties;
exempting from

deferred
prosecution
provisions
commercial drivers
charged with specified violations involving motor vehicles
; requiring the disclosure of specified information; requiring compliance with federal, state and loc
al laws; amending definitions;
amending legal references; repealing
an unnecessary statute
; and providing for an effective date.

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

Section 1.
W.S. 7
‑
13
‑
301 by creating a new subsection (f),
31
‑
1
‑
101(a)(xv)(H),
31
‑
7
‑
102(a)(xxiii) and (xl), 31
‑
7
‑
304(f), 31
‑
7
‑
305(a)(vi), (vii)
,
by creating new paragraphs (viii) and (ix), (g)(i)
,
(ii) and by creating a new subsection (o), 31
‑
18
‑
605(a)(iv), (v)
,
by creating a new paragraph (vi) and (d)
and
31
‑
18
‑
607(b) and by creating a new subsection (c) are amended to read:

7
‑
13
‑
301.

Placing person found guilty, but not convicted, on probation.

(f)

This section shall not apply to any person holding any class of commercial driver
'
s license pursuant to W.S. 31
‑
7
‑
304(a)(i)
,

nor to the driver of any commercial motor vehicle as defined by W.S. 31
‑
7
‑
102(a)(viii)
,
who is charged with any
offense specified in
W.S. 31
‑
7
‑
305.

31
‑
1
‑
101.

Definitions.

(a)

Except as otherwise provided, as used in this act:

(xv)

"Motor vehicle" means every vehicle which is self-propelled except vehicles moved solely by human power or motorized skateboards. The term includes the following vehicles as hereafter defined:

(H)

"School bus" means a motor vehicle that is owned by
,

or

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 twelve (12) or more passengers, but not including buses operated by common carriers in transportation of school children
;
or buses owned by a community college or the University of Wyoming
;

31
‑
7
‑
102.

Definitions.

(a)

As used in this act:

(xxiii)

"Hazardous materials" means as defined in the
Hazardous Materials Transportation Act,
49 App. U.S.C. § 1803 (49 U.S.C. § 5102)

federal motor carrier
safety
regulations, 4
9
C.F.R. 383.5
;

(xl)

"School bus" means every motor vehicle that is owned by
,

or
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
;
or buses owned by a community college or the University of Wyoming;

31
‑
7
‑
304.

Issuance; classifications and endorsements.

(f)

Before issuing or renewing a commercial driver's license

or
at any time
before an applicant's current federal medical qualification certificate expires
, the department shall require that the applicant present a current federal medical qualification certificate.

31
‑
7
‑
305.

Disqualification and cancellation; right to a hearing.

(a)

Any person is disqualified from driving a commercial motor vehicle for a period of not less than one (1) year if
convicted of a first violation
arising from separate incidents of:

(vi)

Driving a commercial vehicle when, as a result of prior convictions, the driver's driving privileges are cancelled, suspended or revoked, or the driver is disqualified from operating a commercial motor vehicle;
or

(vii)

Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to homicide by motor vehicle, negligent homicide, motor vehicle manslaughter or a similar local ordinance or similar state law from another jurisdiction
;
.

(viii)

Driving or
being
in actual physical control of a motor vehicle while the alcohol concentration of the person's blood, breath or other bodily substance is
eight
one
-hundredths of one percent (0.08
%) or more;
or

(ix)

V
iolating any local ordinance or state law in another
jurisdiction
which is
substantially
similar to any of the violations listed in this subsection.

(g)

A driver who is convicted of violating an out-of-service order may be disqualified for a period of:

(i)

Not less than
ninety (90) days

one hundred eighty (180) days
nor more than
one (1) year
if the driver is convicted of a first violation of an out-of-service order;

(ii)

Not less than
one (1) year

two (2) years
nor more than five (5) years if, during any ten (10) year period, the driver is convicted of two (2) separate violations of out-of-service orders in separate incidents;

(o)

A person may be disqualified from driving a commercial motor vehicle, or the department may downgrade
a person's
commercial driver's license
to a noncommercial driver's license
,
if the person fails to
provide a current federal medical qualification certificate wh
en requested by the department.

31
‑
18
‑
605.

Stopping requirements for certain vehicles at railroad crossings.

(a)

The driver of any motor vehicle carrying passengers for hire or of any vehicle carrying a cargo or part of a cargo required to be placarded under United States department of transportation regulations, before crossing at grade any track or tracks of a railroad, shall:

(iv)

Upon proceeding, cross the tracks without manually shifting gears and only in a gear of the vehicle which does not require manually changing gears while traversing the crossing;
and

(v)

After crossing the tracks, cancel the four-way hazard flashers
;
.

and

(vi)

Comply with all other federal, state or local laws or regulations pertaining to railroad-highway grade crossings.

(d)

A driver or employer of a driver who is convicted of violating this section
, or an employer who knowingly allows, requires, permits or authorizes a driver to violate this section,
shall also be subject to the civil penalties provided by 49 C.F.R. 383.53, as amended as of March 1, 2007.

31
‑
18
‑
607.

Out-of-service orders.

(b)

A driver or employer of a driver convicted of violating an out-of-service order

issued to the driver, the employer or a motor carrier, or an employer who knowingly allows, requires, permits or authorizes a driver to violate an out
-
of
-
service order issued to the driver, the employer or a

motor carrier,
shall be subject to the civil penalties specified by 49 C.F.R. 383.53, as amended as of
March 1,
July 5,
2007
.

(c)

As used in this section, the term "out-of-service order" mean
s
as defined by W.S. 31
‑
7
‑
102(a)(xxxii).

Section 2.
W.S. 31
‑
7
‑
305(n) is repealed.

Section 3.

This act is effective July 1, 2011.

(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

1