(a) Any person shall be denied the issuance of a license or have an existing license canceled for any of the following: - (i) The person is not legally, physically, or mentally qualified to hold a license because of
- (C) Previous disqualification, cancellation, denial, suspension, or revocation;
- (D) Failure to meet statutory requirements; or
- (E) Other reasons as may be described by Department policy, procedure, or other legal actions.
- (ii) Upon receipt by the Department of a written medical statement from a qualified medical professional that the person is not medically, physically, or mentally capable of safely operating a motor vehicle.
- (iii) Upon receipt by the Department of a written vision statement from an optometrist or ophthalmologist indicating the person's:
- (A) Best visual acuity with or without corrective lenses is worse than 20/100 with both eyes;
- (B) Best visual acuity with or without corrective lenses is worse than 20/100 in the carrier lenses, and the bioptic telescope or other low-vision aid does not correct the visual acuity to at least 20/40 or,
- (C) Total combined horizontal field of vision, with both eyes, is less than 120 degrees, or if blind in one eye, less than 90 degrees in the other eye.
- (iv) Upon receipt by the Department of a medical statement from a qualified medical professional that the person is afflicted with a medical disorder resulting in a loss, interruption, or lapse of consciousness and/or motor function. The denial or cancellation shall not be reconsidered until the Department receives a written statement from a qualified medical professional stating that:
- (A) The affliction no longer exists; or
- (C) The affliction is medically controlled.
- (v) Upon receipt by the Department of a written medical statement from a qualified medical professional that the person is afflicted with a medical or other disorder resulting in the inability to operate a motor vehicle safely.
- (vi) Inability to demonstrate ordinary and reasonable skills to operate a motor vehicle safely as evidenced by the results of an investigation. Upon recommendation of the examiner, the person may:
- (A) Apply for and receive an instruction permit, subject to any restrictions and/or conditions the Department imposes;
- (B) Hold the instruction permit for at least 3 months; and then
- (C) Request, in writing, that the Department conduct another investigation to determine if a license should be issued.
- (vii) Disqualification under any of the commercial driver's license provisions of W.S. 31-7-305 and W.S. 31-7-310. The cancellation shall become effective on the same date as the disqualification.
- (A) A person shall be disqualified from operating a commercial motor vehicle for:
- (I) A period of 60 days if convicted of 2 serious traffic violations, or 120 days if convicted of 3 serious traffic violations, committed in a commercial vehicle arising from separate incidents occurring within a 3-year period.
- (II) A period of 60 days if convicted of 2 serious traffic violations, or 120 days if convicted of 3 serious traffic violations, committed in a noncommercial vehicle arising from separate incidents occurring within a 3-year period only if the second or third conviction results in a suspension.
- (III) Receipt by the Department of a disqualification from the Federal Motor Carrier Safety Administration for any violation listed under W.S. 31-7-305.
- (B) Any person with lifetime disqualifications resulting wholly or in part from involvement with alcohol or controlled substances shall be ineligible for relicensing until 10 calendar years from the date of disqualification. After 10 years, the following provisions apply:
- (I) When he or she makes written request for reapplication, such person shall be subject to the requirements as defined in Section 16, Subsections (b) and (c) of this rules chapter.
- (C) Any person with a lifetime disqualification resulting from reasons other than involvement with alcohol or controlled substances shall not be eligible for relicensing until 10 calendar years from the date of disqualification. A commercial driver's license shall not be issued until the Department receives a written request and conducts an investigation, and the applicant complies with any restrictions and/or conditions imposed as a result of the investigation.
- (D) No person shall be issued a new commercial driver's license until the Department ends or reduces the disqualification and the applicant is otherwise eligible for a commercial driver's license.
- (I) A lifetime disqualification for a third or subsequent conviction of any offense as defined in W.S. 31-7-305(a) shall not be reduced to 10 years.
- (II) A lifetime disqualification for using a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance shall not be reduced to 10 years.
- (E) Any person whose commercial driver's license has been canceled because of disqualification, but is otherwise eligible, may be issued a noncommercial driver's license.
- (F) All applicants shall pass all required knowledge and skills tests and pay the required fees.
- (x) Upon receipt by the Department of a report from the Bureau of Citizen and Immigration Services (BCIS) indicating that a non-U.S. citizen is not complying with immigration laws, the license shall remain canceled; and the person shall not be allowed to reapply until the Department receives evidence from the BCIS that his or her status is acceptable for licensing.
- (xi) Holds a commercial driver's license and fails to comply with W.S. 31-7-304(f). The person's privilege to hold a commercial driver's license shall be canceled, and the person may be issued a non-commercial class license.
(b) The Department shall investigate the driving ability, character, and habits of an individual when he or she applies for reinstatement after completing a revocation and/or disqualification period if this person had a license or driving privilege revoked or disqualified as the result of involvement with alcohol and/or a controlled substance. An investigation shall be conducted when the Department has documented evidence that the person has an alcohol and/or substance abuse problem. In both instances, the license shall be denied until each requirement set out below is satisfied. The individual shall: - (i) Submit a current alcohol and/or controlled substance evaluation with a recommended course of treatment and/or counseling, by a counselor certified by the Wyoming Department of Health, Substance Abuse Division. This evaluation shall include information on whether the person is complying with the following:
- (A) Submit evidence of satisfactory completion of, or current attendance in, a recommended course of treatment or counseling program. This evidence shall include information that the individual is complying with the counselor's recommended course of treatment.
- (B) Provide verifiable evidence that the person has demonstrated compliance with an alcohol and/or controlled substance treatment or counseling program, or has been in substantial compliance with W.S. 31-7-401 through W.S. 31-7-404, for the previous six months.
- (ii) If investigation by the Department reveals any documented incidents in an IIR provider's report or convictions of violating his or her revocation, disqualification, or ignition interlock requirements/restrictions, within the 6 months immediately prior to the date of the scheduled investigation, the Department may:
- (A) Deny issuance of a new license;
- (B) Deny application for at least 6 months; and
- (C) Require the person to do the following:
- (I) Provide evidence of completion of an approved alcohol and/or controlled substance treatment or counseling program within the six month denial period;
- (II) Not receive any convictions/violations involving the use of alcohol or drugs during the four year term of any license issued after the investigation is completed; and
- (III) Observe any other restrictions or conditions imposed by the Department.
(c) Any person who violates a restriction imposed by the Department under Section 16(b) shall have the license canceled and cannot apply for a new license until proof is submitted that: - (i) The person has completed an approved inpatient alcohol and/or controlled substance program since the last known incident; or
- (ii) Is currently enrolled in and making satisfactory progress in an alcohol and/or controlled substance treatment program since the last known incident.
(d) Any person who has had a license revoked for a reason other than Section 16(a) or (b) shall be denied a license until after the Department conducts an investigation and the person complies with any restrictions the Department imposes as a result of the investigation.
(e) An investigation may consist of a driving skills test in a vehicle representative of the type and class of license the person holds or for which he or she is applying, and any requirements or restrictions from an investigation completed under subsection (a) or (b) of this section.
045-1 Wyo. Code R. § 1-16