(a) All definitions as set forth in W.S. 31-7-102 apply to these rules.
(b) As used in these rules and regulations, the following terms have the following meanings: - (i) "Birth Certificate" means the record related to a birth that is permanently stored either electronically or physically at the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.
- (ii) "Certified copy" referred to in W.S. 31-7-111(a) means:
- (A) An original official document with original signatures, seals, and entries of information; or
- (B) Any reproduction of an official document that has been reproduced from an original document on file at a government agency, as long as the reproduced copy bears a certification by the custodian that it is a true and accurate copy of the document on file, bears the original signature of the certifying person, and bears the seal of the office (if the office has a seal).
- (iii) "CDL downgrade" means:
- (A) The state allows a driver to change his or her self-certification to interstate, but operating exclusively in transportation or operation excepted in Section 6 of these rules.
- (B) The state allows the driver to change his or her self-certification to intrastate only, but operating exclusively in transportation or operation excepted in Section 6 of these rules, or
- (C) The state removes the CDL (Commercial Driver's License) privilege from the driver license.
- (iv) "Deny or Denial" means the refusal to issue or renew a driver license or identification (ID) card, as provided in W.S. 31-7-108 and W.S. 31-8-101(b) and by these rules.
- (v) "Department" means the Wyoming Department of Transportation.
- (vi) "Domicile" as referred to in W.S. 31-7-117(c) means the domicile of the parent or guardian having legal custody and signing the affidavit of extreme inconvenience.
- (vii) "Driver License Record" may include one or more of the following:
- (A) "Driving history record" means any record maintained by the Department as required by W.S. 31-5-1214(f) and W.S. W.S. 31-7-120.
- (B) "Verification record" means any document(s) scanned as proof of identity, proof of residence, or proof of social security number as required by W.S.W.S. 31-7-111(a) and (b)(iv); or
- (C) "Medical record" means a medical evaluation, visual evaluation, or federal medical examiners certificate (DOT Medical card or long form) held by the Department, as required by law.
- (viii) "False document" means a document that a trained examiner determines to be altered, counterfeit, or otherwise fraudulent; or a document presented by a person not legally possessing the document; or both.
- (ix) "FMCSR" means Federal Motor Carrier Safety Regulations, Parts 383, 390 through 397, and 399.
- (x) "Ignition interlock restricted license" means a restricted driver's license issued by the Department pursuant to W.S. W.S. 31-7-401 through W.S. 31-7- 404 and these rules.
- (xi) "Individual" means any man, woman, or child or individual business or organization on whom the Department keeps records or maintains information.
- (xii) "Investigation" means:
- (A) The review of medical or vision information submitted by a medical or vision professional to include evaluating the individual's ability to demonstrate ordinary and reasonable control of a motor vehicle as evidenced by the results of an examination. This review may also involve evaluating the individual's character and habits.
- (B) "Fraud investigation" means the formal evaluation of the information on a person's application for a driver's license or identification card; identifying documents; a digital image, signature, or driving record; or any other information received by a trained examiner to determine authenticity; lawful status; or violations of federal regulations, state law, or state rules and regulations. It shall also include the formal inquiry into questionable activities of Department employees in the performance of their job duties for violations of Department rules and regulations or state or federal law.
- (xiii) "Manual transmission" (also known as stick shift, stick, straight drive, or standard transmission) means a transmission utilizing a driver operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or foot.
- (xiv) "Moving violations" means an act of control or lack of control by the driver of a motor vehicle while the vehicle is in motion that results in a conviction, including a conviction for driving in violation of the restriction on a driver license.
- (xv) "National Driver Register" means Public Law 86-660 of 1960 setting forth the National Driver Register. This law was expanded in 1966 under Public Law 89-563 and again in 1982 under Title 2, National Driver Register Act to Establish an Index on Adverse Driver Licensing Actions Taken by State Administrators.
- (xvi) "Person" means an individual, organization, or entity, but does not include this state or an agency thereof.
- (xvii) "Proof of identity document" or "legal identity document" means as defined in 6 CFR, Chapter 1, Part 37.11(c) and W.S. 31-7-111, as currently amended.
- (xviii) "Regular job" referred to in W.S. W.S. 31-7-117(c) means any employment that requires a minimum of 10 hours of work within a one-week period.
- (xix) "Restrictions" means the following restrictions that may be imposed and placed on the driver's license or permit in an encoded form:
- (A) "Restrictions" for licenses issued on or after October 1, 2010, are Corrective Lenses-B; Mechanical Aids (special brakes, hand controls, or other adaptive devices)-C; Prosthetic Aid-D; Automatic Transmission-E; Outside Mirrors-F; Daylight Driving Only-G; Limit to Employment Only-H; Limited Others (the Department can be contacted for details about this restriction)-I; Valid Without Photo and/or signature-J; CDL Intrastate Only-K; Vehicles Without Air Brakes (CDL only)-L; Except Class "A" Bus (CDL only)-M; Except Class "A" and "B" Bus (CDL only)-N; Except Tractor Trailer (CDL only)-O; Class "M" Only, 4-Wheel Recreation Vehicles Only-R; Must have variance letter or SPE certificate in possession-V; Annual Vision-Y; or Annual Medical-Z.
- (B) "Restrictions" for licenses issued on or after January 1, 2014, are Automatic Transmission-A; Corrective Lenses-B; Mechanical Aids (special brakes, hand controls, or other adaptive devices)-C; Prosthetic Aid-D; No Manual Transmission (CDL only)-E; Daylight Driving Only-G; Limited Others (the Department can be contacted for details about this restriction)-I; Valid Without Photo and/or signature-J; CDL/CLP (Commercial Learner's Permit) Intrastate Only-K; Vehicles Without Air Brakes (CDL/CLP only)-L; Except Class "A" Bus (CDL only)-M; Except Class "A" and "B" Bus (CDL only)-N; No Tractor/Trailer Fifth Wheel Coupler (CDL only)-O; No Passenger (CLP only)-P; Class "M" Only, 4-Wheel Recreation Vehicles Only-R; Except Tractor/Trailer (CDL only)-T; Must Have Variance Letter or SPE Certificate in Possession (CDL/CLP only)-V; No Cargo in Tank (CLP only)-X; or No Full Air Brake System (CDL only)-Z.
- (I) An applicant for a commercial driver's license who is at least 18 years of age but has not attained the age of 21 years shall be restricted to a commercial driver's license (CDL/CLP) Intrastate Only restriction (K) except while operating under an exemption allowed by FMCSR- 49 CFR 391.
- (II) An applicant for a commercial driver's license who has a medical or visual condition-as defined in FMCSR- 49 CFR 391 -that normally prohibits him or her from operating a commercial vehicle interstate shall be restricted to operating a commercial vehicle with a CDL/CLP Intrastate Only restriction (K), unless he or she possesses a medical or vision waiver issued by the Federal Motor Carrier Safety Administration.
- (III) An applicant who passes the skills test for a commercial license with a truck or truck/tractor pulling a trailer or semi-trailer that has a gross combination weight rating of 26,001 pounds or more but the truck or truck-tractor has a gross vehicle weight rating of less than 26,001 pounds shall be restricted to Except Tractor Trailer (CDL only) - (T).
- (IV) An applicant who passes the skills test for a commercial license with a truck or truck/tractor pulling a trailer or semi-trailer with a pintle hook or other non-fifth wheel connection shall be restricted to No Tractor/Trailer Fifth Wheel Coupler (CDL only)-(O).
- (V) An applicant who has applied for a Commercial Learner's Permit (CLP) and passed a written examination for a Tank endorsement (N) will be restricted on the CLP to, No Cargo in Tank (CLP only) - (X).
- (VI) An applicant who has applied for a Commercial Learner's Permit (CLP) and passed a written examination for a Passenger endorsement (P) will be restricted on the CLP to No Passenger (CLP only) - (P).
- (xx) "School" referred to in W.S. 31-7-117(c) means the person's primary place of education where he or she attends regularly scheduled classes but does not include places or locations where extracurricular activities take place.
- (xxi) "Social security number" means the social security number assigned by the Social Security Administration, or other tracking and identification numbers or letters deemed appropriate by the Department.
- (xxii) "Third-party agreement" means the agreement provided by the Department and signed by the person responsible for the third-party tester.
- (xxiii) "Third-party examiner" means an individual who is a payroll or volunteer employee of a third-party tester and who has been certified by the Department to administer approved driver's license skills tests on the behalf of the third-party tester.
- (xxiv) "Third-party tester" means a government entity, association, educational institution, or business entity engaged in the use of commercial motor vehicles, certified by the Department to administer approved Driver License skills tests.
- (xxv) "Trained examiner" means a Department employee who has completed and passed the American Association of Motor Vehicle Administrators Fraudulent Document Recognition Level 1 and Level 2 training course to recognize altered, counterfeit, or fraudulent documents.